Appellate Division: Second Judicial Department

M255551

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2016-01747 The People, etc., respondent, v Mark Baugh, appellant. (Ind. No. 3295/06)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated January 19, 2016. By order to show cause dated May 11, 2018, the appellant was directed to show cause before this Court why the appeal from the order, except so much of the order as determined the branch of the appellant's motion pursuant to CPL 440.30(1-a), should not be dismissed on the ground that the order, except so much of the order as determined the branch of the appellant's motion pursuant to CPL 440.30(1-a), is not that appealable as of right and leave to appeal had not been granted. Application by the appellant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order, except so much of the order as determined the branch of the appellant's motion pursuant to CPL 440.30(1-a).

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the application is denied without prejudice to making a motion for the relief sought on or before November 2, 2018; and it is further;

ORDERED that the motion to dismiss the appeal is held in abeyance in the interim.

DILLON, J.P., AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court