| People v Cahill, Brian |
| Motion No: 2019-01144 |
| Slip Opinion No: 2019 NY Slip Op 67494(U) |
| Decided on April 9, 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. |
Appellate Division: Second Judicial Department
M261679
E/afa
ALAN D. SCHEINKMAN, P.J.
JOSEPH J. MALTESE
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
|
2019-01144
The People, etc., respondent, v Brian Cahill, appellant. (Ind. No. 1249/86)
| DECISION & ORDER ON MOTION |
Appeal by Brian Cahill from an order of the County Court, Suffolk County, dated November 15, 2018. By order to show cause dated February 15, 2019, 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, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see CPL 450.10, 450.15), without prejudice to Brian Cahill, on or before May 13, 2019, making a formal application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated November 15, 2018, upon proper papers including a copy of the underlying motion papers.
SCHEINKMAN, P.J., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court