Appellate Division: Second Judicial Department

M214080

E/ct

L. PRISCILLA HALL, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2015-08707, 2016-03167 Sororazam Bethune, respondent, v MTA/Long Island Bus, appellant, et al., defendant. (Index No. 10773/12)

DECISION & ORDER ON MOTION

Motion by the respondent pro se for poor person relief and the assignment of counsel on appeals from two orders of the Supreme Court, Nassau County, entered July 8, 2015, and March 2, 2016, respectively. Cross motion by the appellant to direct the respondent to post security for costs on the appeals pursuant to CPLR 8501.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal from the order entered July 8, 2015, is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that on the Court's own motion, the appeal from the order entered March 2, 2016, is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the final judgment in the above-entitled action on April 22, 2016 (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion and the cross motion are denied as academic.

HALL, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court