Appellate Division: Second Judicial Department

M270869

kbp/

MARK C. DILLON, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

PAUL WOOTEN, JJ.

2019-07572, 2020-00149 The People, etc., respondent, v Regenald Moise, appellant. (Ind. No. 7657/16)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from an order of the Supreme Court, Kings County, dated December 21, 2018, and a judgment of the same court rendered May 17, 2019, for leave to prosecute the appeals as a poor person and for the assignment of counsel. By order to show cause dated January 30, 2020, inter alia, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal from the order dated December 21, 2018, on the ground that the order is neither appealable as of right nor by permission, and the branch of the appellant's motion which is for poor person relief and the assignment of counsel in connection with the appeal from 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 appellant's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal from the order dated December 21, 2018, is granted, and the appeal from the order dated December 21, 2018, is dismissed (see CPL 450.10, 450.15); and it is further,

ORDERED that the branch of the appellant's motion which is for poor person relief and the assignment of counsel in connection with the appeal from the order is denied as academic.

DILLON, J.P., BALKIN, COHEN and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court