| People v Donald, Thomas A. |
| Motion No: 2019-08577 |
| Slip Opinion No: 2020 NY Slip Op 73675(U) |
| Decided on October 23, 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. |
Appellate Division: Second Judicial Department
M273667
AFA/
CHERYL E. CHAMBERS, J.P.
JOSEPH J. MALTESE
HECTOR D. LASALLE
ANGELA G. IANNACCI, JJ.
|
2019-08577 The People, etc., respondent, v Thomas A. Donald, appellant. (Ind. No. 746/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order of the County Court, Orange County, dated June 25, 2018. 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 August 20, 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 June 25, 2018, is not appealable as of right and leave to appeal has not been granted, and/or on the ground that the notice of appeal was untimely.
Now, upon the order to show cause and no papers have been filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or 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, 460.30); and it is further,
ORDERED that the appellant's motion is denied as academic.
CHAMBERS, J.P., MALTESE, LASALLE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court