Appellate Division: Second Judicial Department

M194748

E/ct

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2015-01551 People of State of New York, respondent, v Mariano Rivera, 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 February 3, 2015, in effect, to be relieved on the ground that no appeal lies from an order entered upon the consent of an appealing party. Separate motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. By order to show cause dated May 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 no appeal lies from an order entered upon the consent of an appealing party, and the motion by assigned counsel and the motion by the appellant pro se were held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, upon the papers filed in support of the motion by Robert C. Mitchell and the papers filed in relation thereto, upon the papers filed in support of the motion by the appellant pro se 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 CPLR 5511); and it is further,

ORDERED that the motion by assigned counsel is granted; and it is further,

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

SKELOS, J.P., HALL, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court