People of State of New York v Morris
Motion No: 2018-00004
Slip Opinion No: 2019 NY Slip Op 67394(U)
Decided on April 8, 2019
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

M261693

E/afa

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

BETSY BARROS, JJ.

2018-00004

People of State of New York, respondent,

v Jason Morris, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel on an appeal from an order of the County Court, Suffolk County, dated November 30, 2017, in effect, to be relieved on the ground that no appeal lies from an order entered upon the consent of the appealing party. By order to show cause dated February 14, 2019, 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 no appeal lies from an order entered upon the consent of the appealing party, and assigned counsel's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of assigned counsel'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 CPLR 5511); and it is further,

ORDERED that assigned counsel's motion is granted.

BALKIN, J.P., COHEN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court