Appellate Division: Second Judicial Department

M225561

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2015-00058, 2015-00085 The People, etc., respondent, v Akhabue Ukpebor, appellant. (Ind. No. 34/14)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute appeals from an order of the Supreme Court, Westchester County, dated December 11, 2014, and a judgment of the same court rendered December 11, 2014, as a poor person and for the assignment of counsel. By order to show cause dated November 22, 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 from the order on the ground that the order was neither appealable as of right nor by permission 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 motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal from the order is granted, and the appeal from the order dated December 11, 2014, is dismissed (see CPL 450.10; 450.15); and it is further,

ORDERED that the appellant's motion is denied as academic with respect to the appeal from the order and denied with leave to renew with respect to the appeal from the judgment upon proper papers, including the appellant's affidavit setting forth whether the appellant was represented by assigned counsel or retained counsel in the Supreme Court, and, if retained, the amount and source of counsel fees paid to retained counsel.

DILLON, J.P., ROMAN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court