Appellate Division: Second Judicial Department

M215657

E/sl

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-03460 The People, etc., respondent, v Jermaine Butts, appellant. (Ind. No. 10183/13)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered January 26, 2016, as a poor person, and for the assignment of counsel. By order to show cause dated June 2, 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, in effect, on the ground that the appeal is a duplicate of an earlier appeal taken from the judgment under Appellate Division Docket No. 2016-01617, counsel was assigned to respond to the order to show cause, and the appellant's motion was held in abeyance.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied as unnecessary in light of the administrative closure of this appeal as a duplicate of the appeal pending under Appellate Division Docket No. 2016-01617; and it is further,

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

LEVENTHAL, J.P., HINDS-RADIX, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court