Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M275970

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

PAUL WOOTEN, JJ.

2020-04994 The People, etc., respondent, v Carlos E. Lennon, appellant. (Ind. No. 2358/2010)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered May 26, 2011. Motion by the appellant pro se for poor person relief and the assignment of counsel. By order to show cause dated January 6, 2021, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the notice of appeal from the judgment was untimely and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal on the ground that the notice of appeal from the judgment was untimely is granted and the appeal is dismissed (see CPL 460.30); and it is further,

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

CHAMBERS, J.P., MILLER, LASALLE and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court