Appellate Division: Second Judicial Department

M188747

T/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2014-07920 The People, etc., respondent, v Stephen Mitchell, appellant. (Ind. No. 4743/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated July 11, 2014, as a poor person and for the assignment of counsel. By order to show cause dated January 5, 2015, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated July 11, 2014, on the ground that the order is not appealable as of right or by permission, and the branch of the appellant's motion which was for poor person relief and the assignment of counsel on the appeal from the order dated July 11, 2014, was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal from the order dated July 11, 2014, is granted, and the appeal from the order is dismissed (see CPL 450.10;450.15); and it is further,

ORDERED that the branch of the appellant's motion which was for poor person relief and the assignment of counsel on the appeal from the order dated July 11, 2014, is denied as academic.

RIVERA, J.P., DICKERSON, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court