| People v Toney, Kenneth |
| Motion No: 2007-00462 |
| Slip Opinion No: 2018 NY Slip Op 74280(U) |
| Decided on June 6, 2018 |
| 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
M250991
E/sl
WILLIAM F. MASTRO, J.P.
CHERYL E. CHAMBERS
SANDRA L. SGROI
JOSEPH J. MALTESE, JJ.
|
2007-00462 The People, etc., respondent, v Kenneth Toney, appellant. (Ind. No. 1580D/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, for poor person relief and the assignment of counsel on an appeal from a judgment of the County Court, Suffolk County, rendered December 1, 2006. By order to show cause dated March 19, 2018, 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 appeal had been abandoned, and the appellant's motion was held in abeyance pending determination of this Court's motion to dismiss the appeal.
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 the papers filed in relation thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see 22 NYCRR 670.8[f]); and it is further,
ORDERED that the appellant's motion is denied as academic.
MASTRO, J.P., CHAMBERS, SGROI and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court