Appellate Division: Second Judicial Department

M265274

E/sl

ALAN D. SCHEINKMAN, P.J.

HECTOR D. LASALLE

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2019-02177 The People, etc., respondent, v Eric Claudio, appellant. (Ind. No. 587/95)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated January 4, 2019, as a poor person. By order to show cause dated May 28, 2019, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the order is not appealable as of right and leave to appeal has not been granted, 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 motion and the papers filed in opposition 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 making an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated January 4, 2019; and it is further,

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

SCHEINKMAN, P.J., LASALLE, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court