Appellate Division: Second Judicial Department

M190515

T/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2015-00217 The People, etc., respondent, v Derrick Holland, appellant. (S.C.I. No. 14720/91)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated January 22, 1992, as a poor person and for the assignment of counsel. By order to show cause of this Court dated February 20, 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 on the ground that the order is not appealable either as of right or by permission (see CPL 450.10; 450.15), and the appellant's motion 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 motion by the appellant and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see CPL 450.10; 450.15); and it is further,

ORDERED that the motion by the appellant is denied as academic.

BALKIN, J.P., ROMAN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court