Appellate Division: Second Judicial Department

M216314

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2015-12114 The People, etc., respondent, v Jose O. Camacho, appellant. (Ind. No. 1799/96)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to recall and vacate a decision and order on motion of this Court dated May 12, 2016, which, upon an order to show cause dated April 5, 2016, dismissed an appeal from an order of the Supreme Court, Queens County, dated November 23, 2015, and denied as academic his prior motion for poor person relief and for the assignment of counsel, and for leave to submit additional material in response to the order to show cause dated April 5, 2016

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion to recall and vacate the decision and order on motion of this Court dated May 12, 2016, and for leave to submit additional material in response to the order to show cause dated April 5, 2016, is granted, the decision and order on motion of this Court dated May 12, 2016, is recalled and vacated, and the additional material submitted by the appellant has been considered in connection with the order to show cause; and it is further,

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 for poor person relief and for the assignment of counsel is denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court