Appellate Division: Second Judicial Department

M200997

E/ct

MARK C. DILLON, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2015-03794 People of State of New York, respondent, v Jose Quiran-Saban, 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 April 15, 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 August 24, 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, and upon the papers filed in support of the motions by assigned counsel and the appellant pro se and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (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.

DILLON, J.P., SGROI, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court