| People of State of New York v Pendleton |
| Motion No: 2013-09842 |
| Slip Opinion No: 2015 NY Slip Op 73649(U) |
| Decided on May 20, 2015 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M192516
E/ct
JOHN M. LEVENTHAL, J.P.
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2013-09842 People of State of New York, respondent, v Lloyd Pendleton, appellant.
| DECISION & ORDER ON MOTION |
Motion by Robert C. Mitchell, counsel assigned to prosecute an appeal from an order of the County Court, Suffolk County, dated September 25, 2013, in effect, to be relieved on the ground that no appeal lies from an order entered upon the consent of an appealing party. By order to show cause dated March 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 no appeal lies from an order entered upon the consent of an appealing party, and the motion by assigned counsel, in effect, to be relieved was held in abeyance in the interim.
Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the motion by assigned counsel, in effect, to be relieved is granted.
LEVENTHAL, J.P., COHEN, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court