Appellate Division: Second Judicial Department

M253148

T/sl

ALAN D. SCHEINKMAN, P.J.

CHERYL E. CHAMBERS

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2018-02949 The People, etc., respondent, v John Earley, appellant. (Ind. No. 31/15)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered October 27, 2015, as a poor person, and for the assignment of counsel. By order to show cause dated May 18, 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 notice of appeal from the judgment was untimely, and the appellant's motion, in effect, was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in opposition or in relation 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 460.30); and it is further,

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

SCHEINKMAN, P.J., CHAMBERS, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court