People v McFadden, Reginald
Motion No: 2018-02806
Slip Opinion No: 2018 NY Slip Op 92128(U)
Decided on December 31, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M258709

E/mm

JOHN M. LEVENTHAL, J.P.

HECTOR D. LASALLE

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-02806

The People, etc., respondent,

v Reginald McFadden, appellant.

(Ind. No. 95-00066)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the County Court, Rockland County, dated December 8, 2017, as a poor person, and for the assignment of counsel. By order to show cause dated November 2, 2018, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the order was not appealable as of right and leave to appeal had not been granted.

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.

LEVENTHAL, J.P., LASALLE, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court