Appellate Division: Second Judicial Department

M267136

E/sl

LEONARD B. AUSTIN, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2017-12763 The People, etc., respondent, v Levar Burton, appellant. (Ind. No. 513/17)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, for leave to prosecute an appeal from an order of the Supreme Court, Nassau County, dated October 20, 2017, as a poor person, and for the assignment of counsel with respect to that appeal. By order to show cause of this Court dated July 31, 2019, the appellant was directed to show cause why an order should not be made and entered dismissing the appeal from the order on the ground that the order was neither appealable as of right nor by permission, and the branch of the motion which was for poor person relief and the assignment of counsel as to the order 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 appellant's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal from the order dated October 20, 2017, is granted, and the appeal from the order is dismissed (see CPL 450.10, 450.15); and it is further,

ORDERED that the branch of the motion which was for poor person relief and the assignment of counsel as to the order is denied as academic.

AUSTIN, J.P., MILLER, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court