| People ex rel. White v Capra, superintendent of Sing Sing Correctional |
| Motion No: 2017-04780 |
| Slip Opinion No: 2017 NY Slip Op 95087(U) |
| Decided on December 11, 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
M242022
E/ct
REINALDO E. RIVERA, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2017-04780 The People ex rel. Erik White, appellant, v Michael Capra, Superintendent of Sing Sing Correctional, respondent. (Index No. 199/17)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, dated February 17, 2017, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order that is issued ex parte (see CPLR 5701, 5704); and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., COHEN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court