Appellate Division: Second Judicial Department

M194750

E/ct

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2014-10942 The People, etc., respondent, v Shakir Hewitt, appellant. (Ind. No. 93-00735)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered July 29, 1994, as a poor person, and for the assignment of counsel. By order to show cause dated May 8, 2015, as amended June 19, 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 notice of appeal from the judgment was untimely. Application by the appellant pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see CPL 460.30); and it is further,

ORDERED that the appellant's application is denied ; and it is further,

ORDERED that the appellant's motion is denied as academic.

LEVENTHAL, J.P., DICKERSON, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court