People v Bertolini, Antonio
Motion No: 2016-08905
Slip Opinion No: 2017 NY Slip Op 66833(U)
Decided on March 9, 2017
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M227352

E/afa

RANDALL T. ENG, P.J.

L. PRISCILLA HALL

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2016-08905

The People, etc., respondent,

v Antonio Bertolini, appellant.

(Ind. No. 1692/98)

DECISION & ORDER ON MOTION

Appeal by the defendant from an order of the Supreme Court, Nassau County, dated July 20, 2016. By order to show cause dated September 6, 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 July 20, 2016, was not appealable as of right and leave to appeal had not been granted.

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 denied, as academic, as leave to appeal to this Court from the order dated July 20, 2016, was granted by a decision and order on motion of this Court dated March 6, 2017.

ENG, P.J., HALL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court