| People v Scivolette, George J., III |
| Motion No: 2016-09750 |
| Slip Opinion No: 2017 NY Slip Op 77348(U) |
| Decided on June 16, 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. |
Appellate Division: Second Judicial Department
M232999
E/ct
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2016-09750 The People, etc., respondent, v George J. Scivolette III, appellant. (Ind. No. 127/15)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the County Court, Dutchess County, dated August 25, 2016, as a poor person and for the assignment of counsel. By order to show cause dated April 14, 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 no papers having been filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation 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.
CHAMBERS, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court