People v Santana, Henry
Motion No: 2021-00042
Slip Opinion No: 2021 NY Slip Op 65234(U)
Decided on April 26, 2021
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

M276814

AFA/

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

PAUL WOOTEN, JJ.

2021-00042

The People, etc., respondent,

v Henry Santana, appellant.

(Ind. No. 2015-00223)

DECISION & ORDER ON MOTION

Appeal from an order of the County Court, Orange County, dated November 17, 2020. By order to show cause dated February 19, 2021, the parties to the appeal were directed to show cause before this Court why the appeal in the above-entitled action should or should not be dismissed on the ground that the order dated November 17, 2020, is not appealable as of right and leave to appeal has not been granted. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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 the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted (see CPL 450.10, 450.15) and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion by the appellant is denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court