Appellate Division: Second Judicial Department

M224864

E/sl

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

FRANCESCA E. CONNOLLY, JJ.

2016-01826 Nella Manko, appellant, v State of New York, respondent. (Claim No. 124918)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Court of Claims dated November 30, 2015, as a poor person, for the assignment of counsel, to enlarge the time to perfect the appeal, and to waive the motion filing fee. By order to show cause dated November 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 matter on the ground that no appeal lies as of right from an order that was not the result of a motion made on notice, and leave to appeal had not been granted, the branch of the appellant's motion which was to waive the motion filing fee was denied as unnecessary, and the appellant's motion was otherwise held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,

ORDERED that the branches of the appellant's motion which are for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeal are denied as academic.

LEVENTHAL, J.P., ROMAN, SGROI and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court