People v Holden, Maurice
Motion No: 2014-09910
Slip Opinion No: 2015 NY Slip Op 73692(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M192494

E/ct

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2014-09910

The People, etc., respondent,

v Maurice Holden, appellant.

(Ind. No. 2710/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated September 15, 2014, as a poor person, and for the assignment of counsel. By order to show cause dated March 23, 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 as of right and leave to appeal had not been granted, and the appellant's motion 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 appellant's motion 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 appellant's motion is denied as academic.

BALKIN, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court