People v Matus, Todd
Motion No: 2017-10622
Slip Opinion No: 2019 NY Slip Op 84974(U)
Decided on December 2, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M267767

kbp/

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2017-10622

The People, etc., respondent,

v Todd Matus, appellant.

(Ind. No. 925/75)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute the above-entitled appeal as a poor person and for the assignment of counsel. By order to show cause dated October 2, 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 the appeal is from an execution of sentence of the Supreme Court, Suffolk County, on July 7, 2017, from which no appeal lies, 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 appellant'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 (see People v Crawford, 239 AD2d 514); and it is further,

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

AUSTIN, J.P., COHEN, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court