Appellate Division: Second Judicial Department

M262813

E/mm

MARK C. DILLON, J.P.

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-10317 People of the State of New York, respondent, v Seramand Jean, 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 August 6, 2018, 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 March 27, 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, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that assigned counsel's motion is granted and counsel is relieved of the assignment.

DILLON, J.P., COHEN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court