Appellate Division: Second Judicial Department

M221105

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2016-05425 The People, etc., respondent, v James Phillips, appellant. (Ind. No. 15-00180)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the County Court, Orange County, dated March 14, 2016, as a poor person and for the assignment of counsel. By order to show cause dated August 25, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that the order dated March 14, 2016, is not appealable either by right or by permission.

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 opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see CPL 450.10; 450.15); and it is further,

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

BALKIN, J.P., DICKERSON, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court