| People of State of New York v Ellis |
| Motion No: 2015-11121 |
| Slip Opinion No: 2016 NY Slip Op 75792(U) |
| Decided on June 7, 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. |
Appellate Division: Second Judicial Department
M212804
E/ct
MARK C. DILLON, J.P.
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
|
2015-11121 People of State of New York, respondent, v Arthur Ellis, 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 September 25, 2015, in effect, to be relieved on the ground that no appeal lies from an order entered upon the consent of an appealing party. By order to show cause of this Court dated April 5, 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 no appeal lies from an order entered upon the consent of an 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; and it is further,
ORDERED that assigned counsel's motion is granted.
DILLON, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court