People v M. (Anonymous), Fidel
Motion No: 2016-11132
Slip Opinion No: 2017 NY Slip Op 66838(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

M227354

E/afa

RANDALL T. ENG, P.J.

L. PRISCILLA HALL

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2016-11132

The People, etc., respondent,

v Fidel M. (Anonymous), appellant.

(S.C.I. No. 498/16)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Nassau County, dated September 23, 2016, as a poor person and for the assignment of counsel. By order to show cause dated January 12, 2017, 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 the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see CPL 450.10; 450.15); and it is further,

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

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

ENTER:

Aprilanne Agostino

Clerk of the Court