Appellate Division: Second Judicial Department

M221268

E/afa

RANDALL T. ENG, P.J.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2016-01676 The People, etc., respondent, v Ernest Suggs, appellant. (Ind. No. 14533/92)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated October 21, 2015, as a poor person, and for the assignment of counsel. By order to show cause dated September 1, 2016, as amended September 7, 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, was not appealable as of right, and the appellant'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 the appellant'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 (see CPL 450.10); and it is further,

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

ENG, P.J., CHAMBERS, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court