Appellate Division: Second Judicial Department

M256915

E/afa

WILLIAM F. MASTRO, J.P.

SANDRA L. SGROI

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2018-04348 The People, etc., respondent, v William Mitchell, appellant. (Ind. No. 1943/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the County Court, Suffolk County, dated March 8, 2018, as a poor person, and for the assignment of counsel. By order to show cause dated August 6, 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 order is not appealable either as of right or by permission, counsel was assigned to respond to the order to show cause, 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, 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; 450.15); and it is further,

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

MASTRO, J.P., SGROI, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court