People v Tapia, Claudio
Motion No: 2017-02639
Slip Opinion No: 2017 NY Slip Op 80012(U)
Decided on July 14, 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

M234339

E/ct

REINALDO E. RIVERA, J.P.

MARK C. DILLON

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2017-02639

The People, etc., respondent,

v Claudio Tapia, appellant.

(Ind. Nos. 12-06009, 12-6206)

DECISION & ORDER ON MOTION

Appeal by Claudio Tapia from an order of the Supreme Court, Westchester County, dated January 18, 2017. By order to show cause dated April 6, 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 on the ground that the order dated January 18, 2017, was not appealable as of right and leave to appeal had not been granted.

Now, upon the order to show cause and no papers having been 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), without prejudice to Claudio Tapia making a formal application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated January 18, 2017, and, if he be so advised, a motion to extend the time to make the application.

RIVERA, J.P., DILLON, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court