| People of State of New York v Fernandez-Vargas |
| Motion No: 2018-10366 |
| Slip Opinion No: 2019 NY Slip Op 81712(U) |
| Decided on October 11, 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
M266536
kbp/
MARK C. DILLON, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
ANGELA G. IANNACCI, JJ.
|
2018-10366 People of the State of New York, respondent, v Luis Fernandez-Vargas, 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 10, 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 August 19, 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 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.
DILLON, J.P., COHEN, MILLER and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court