| People of State of New York v Jones |
| Motion No: 2014-09107 |
| Slip Opinion No: 2015 NY Slip Op 90320(U) |
| Decided on November 12, 2015 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M201495
W/ct
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2014-09107 People of State of New York, respondent, v Toney D. Jones, appellant.
| DECISION & ORDER ON MOTION |
Motion by Robert C. Mitchell, in effect, to be relieved as counsel for the appellant on an appeal from an order of the County Court, Suffolk County, dated September 10, 2014, on the ground that no appeal lies from an order entered upon the consent of the appealing party. By order to show cause of this Court dated September 15, 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 the appealing party, and assigned counsel's motion was 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 assigned counsel's motion 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; and it is further,
ORDERED that assigned counsel's motion is granted.
BALKIN, J.P., HALL, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court