Appellate Division: Second Judicial Department

M207646

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2015-12081 The People, etc., ex rel. Michael Gladden, appellant, v Thomas Griffin, respondent. (Ind. No. 4366/99)

DECISION & ORDER ON MOTION

Appeal by Michael Gladden from an order and judgment (one paper) of the Supreme Court, Kings County, dated November 12, 2015, which dismissed his petition for a writ of habeas corpus and denied his motion to vacate his judgment of conviction pursuant to CPL 440. By order to show cause dated December 22, 2015, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from so much of the order and judgment as denied the appellant's motion to vacate his judgment of conviction pursuant to CPL 440 on the ground that the portion of the order and judgment as denied the motion to vacate the judgment of conviction pursuant to CPL 440 is not appealable as of right and leave to appeal has not been granted.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is granted, and the appeal from so much of the order dated November 12, 2015, as denied the defendant's motion to vacate the judgment of conviction pursuant to CPL 440 is dismissed (see CPL 450.10, 460.15).

RIVERA, J.P., BALKIN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court