Appellate Division: Second Judicial Department

M217134

E/ct

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2016-01635 The People, etc., respondent, v Gregory A. Goodwine, Sr., appellant. (Ind. No. 04-01579)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, dated January 21, 2016, as a poor person, and for the assignment of counsel. Cross motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order which, in effect, denies reargument. By order to show cause dated May 31, 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 January 21, 2016, is not appealable as of right (see CPL 450.10), and leave to appeal had not been granted.

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 respondent's cross 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); and it is further,

ORDERED that the appellant's motion and the respondent's cross motion are denied as academic.

BALKIN, J.P., SGROI, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court