Appellate Division: Second Judicial Department

M197433

E/sl

CHERYL E. CHAMBERS, J.P.

THOMAS A. DICKERSON

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2014-10100 The People, etc., respondent, v Derek Gallo, appellant. (Ind. No. 1890/11)

DECISION & ORDER ON MOTION

Appeal by Derek Gallo from a judgment of the Supreme Court, Kings County, rendered May 14, 2012. By order to show cause dated May 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 appeal was untimely taken. Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment, and to be provided with the court file and transcript of the proceedings.

Now, upon the order to show cause and the papers 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 branch of the appellant's motion which is pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment is denied (see CPL 460.30 [1]); and it is further,

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 motion is otherwise denied as academic.

CHAMBERS, J.P., DICKERSON, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court