People v White, John H.
Motion No: 2015-11028
Slip Opinion No: 2016 NY Slip Op 68604(U)
Decided on March 29, 2016
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M208926

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

THOMAS A. DICKERSON, JJ.

2015-11028

The People, etc., respondent,

v John H. White, appellant.

(Ind. No. 1596/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Nassau County, dated August 13, 2015, as a poor person. By order to show cause of this Court dated January 22, 2016, 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 dated August 13, 2015, is neither appealable as of right nor by permission, and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in opposition 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 motion to dismiss the appeal is granted and the appeal is dismissed (see CPL 450.10, 450.20); and it is further,

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

RIVERA, J.P., DILLON, CHAMBERS and DICKERSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court