People v McFadden, Reginald
Motion No: 2019-12108
Slip Opinion No: 2020 NY Slip Op 68214(U)
Decided on July 6, 2020
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

M271695

E/sl

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2019-12108

The People, etc., respondent,

v Reginald McFadden, appellant.

(Ind. No. 247/1994)

DECISION & ORDER ON MOTION

Appeal from an order of the County Court, Rockland County, dated September 19, 2019. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. By order to show cause dated February 3, 2020, 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 dated September 19, 2019, 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 relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPL 450.10, 450.15); and it is further,

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

MASTRO, J.P., MILLER, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court