Appellate Division: Second Judicial Department

M227061

E/ct

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2016-05448 The People, etc., respondent, v Victor N. Koltun, appellant. (Ind. No. 10-00778)

DECISION & ORDER ON MOTION

Appeal by Victor N. Koltun from an order of the County Court, Orange County, dated March 30, 2016. By decision and order on application dated June 30, 2016, the Court extended the appellant's time to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order, and held in abeyance the respondent's motion to dismiss the appeal on the ground that the order was not appealable as of right and leave to appeal had not been granted. By decision and order on motion dated September 23, 2016, this Court granted the motion by the appellant's counsel for leave to withdraw as counsel for the appellant, extended the appellant's time to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order until December 16, 2016, and continued to hold the respondent's motion in abeyance. The appellant has not made an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court.

Upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the respondent's motion is granted, and the appeal is dismissed (see CPL 450.10, 450.15).

RIVERA, J.P., COHEN, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court