| People v Harnett, Kelly |
| Motion No: 2018-03755 |
| Slip Opinion No: 2018 NY Slip Op 85143(U) |
| Decided on October 2, 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
M255920
E/sl
CHERYL E. CHAMBERS, J.P.
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE
ANGELA G. IANNACCI, JJ.
|
2018-03755
The People, etc., respondent, v Kelly Harnett, appellant. (Ind. No. 1983/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated December 14, 2017, as a poor person, and for the assignment of counsel. By order to show cause dated August 3, 2018, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the order is neither appealable as of right nor by permission, and the appellant's motion was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see CPL 450.10, 450.20; Matter of People v Juarez, ___ NY3d ___, 2018 NY Slip Op 04684 [2018]); and it is further,
ORDERED that the appellant's motion is denied as academic.
CHAMBERS, J.P., HINDS-RADIX, LASALLE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court