Appellate Division: Second Judicial Department

M197652

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

THOMAS A. DICKERSON

BETSY BARROS, JJ.

2015-02933 The People, etc., respondent, v Keith Gulley, appellant. (Ind. No. 1514/11)

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 February 18, 2015, as a poor person, and for the assignment of counsel. By order to show cause dated June 3, 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 was 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.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied as academic in light of the decision and order on application of this Court dated September 24, 2015, denying the defendant's application for leave to appeal to this Court; and it is further,

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

DILLON, J.P., LEVENTHAL, DICKERSON and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court