Appellate Division: Second Judicial Department

M239596

E/afa

MARK C. DILLON, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2017-00454 Kevin Martin, appellant, et al., plaintiff, v Paul A. Costa, et al., respondents. (Index No. 52075/14)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a purported order of the Supreme Court, Westchester County, dated November 30, 2015, as a poor person and for the assignment of counsel. By order to show cause dated August 8, 2017, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that there was no order of the Supreme Court, Westchester County, dated November 30, 2015, in the above-entitled action, 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, 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, without costs or disbursements (see CPLR 2219); and it is further,

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

DILLON, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court