Supreme Court of the State of New York, Appellate Division : Second Judicial Department

May 13, 2026

2026-00552, 70194/2020

Mark C. Dillon, J.P.

Lillian Wan

Lourdes M. Ventura

Susan Quirk, JJ.

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DECISION & ORDER ON MOTION

Motion by Agustin Morales, in effect, pursuant to CPL 460.30 for an extension of time to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the County Court, Rockland County, dated April 2, 2025, and for waiver of costs, fees, and expenses and for the assignment of counsel. By decision and order on motion of this Court dated March 2, 2026, the branch of the motion by the defendant, in effect, pursuant to CPL 460.30 for an extension of time to make a make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order was granted, the time for the defendant to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated April 2, 2025, was extended until April 1, 2026, and branch of the motion which is for waiver of costs, fees, and expenses and for the assignment of counsel was held in abeyance in the interim. The defendant has not made an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for waiver of costs, fees, and expenses and for the assignment of counsel is denied as academic.

DILLON, J.P., WAN, VENTURA and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court