People v Thomas, Arkim
Motion No: 2017-02600
Slip Opinion No: 2017 NY Slip Op 86509(U)
Decided on September 20, 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

M237948

E/afa

RANDALL T. ENG, P.J.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2017-02600

The People, etc., respondent,

v Arkim Thomas, appellant.

(Ind. No. 533/16)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated February 15, 2017, as a poor person, and for the assignment of counsel. By order to show cause dated July 7, 2017, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the order is 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 the papers filed 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.

ENG, P.J., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court