Appellate Division: Second Judicial Department

M285336

MB/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

LARA J. GENOVESI, JJ.

2021-00495 The People, etc., respondent, v Roberto Carmona, appellant. (Ind. No. 512/1998)

DECISION & ORDER ON MOTION

Appeal from an order of the County Court, Rockland County, dated November 27, 2020. By order to show cause dated April 25, 2022, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated November 27, 2020, is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15). Motion by the appellant to extend the time 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 November 27, 2020, for a certificate granting leave to appeal to this Court from the order dated November 27, 2020, and by retained counsel for leave to withdraw as counsel for the appellant.

Now, upon the order to show cause and the papers filed in response thereto, and 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 appellant's motion which is to extend the time to make an application for a certificate granting leave to appeal to this Court is denied (see CPL 460.30[1]); and it is further,

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPL 450.10, 450.15); and it is further,

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

DILLON, J.P., MALTESE, WOOTEN and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court