People v Hayes, Ralphie
Motion No: 2017-09130
Slip Opinion No: 2017 NY Slip Op 96829(U)
Decided on December 28, 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

M243833

E/rr

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2017-09130

The People, etc., respondent,

v Ralphie Hayes, appellant.

(Ind. No. 12-00199)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the County Court, Orange County, dated July 10, 2017, as a poor person, and for the assignment of counsel. By order to show cause dated November 1, 2017, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the order dated July 10, 2017, is neither appealable as of right nor by permission.

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, 450.20); and it is further,

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

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

ENTER:

Aprilanne Agostino

Clerk of the Court