Appellate Division: Second Judicial Department

M285352

MB/

HECTOR D. LASALLE, P.J.

VALERIE BRATHWAITE NELSON

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2021-08265 The People, etc., respondent, v Elie Granger, appellant. (Ind. No. 2907/2008)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated October 18, 2021. Motions by the appellant pro se, inter alia, for leave to prosecute the appeal as a poor person and for the assignment of counsel. By order to show cause dated February 9, 2022, the appellant was directed to show cause before this Court why the appeal from so much of the order and judgment dated October 18, 2021, as denied the appellant's motion pursuant to CPL 440.10 should not be dismissed on the ground that this portion of the order and judgment is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15), and the appellant's motions were held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motions and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss is granted, and the appeal from so much of the order and judgment dated October 18, 2021, as denied the appellant's motion pursuant to CPL 440.10 is dismissed (see CPL 450.10, 450.15); and it is further,

ORDERED that the branches of the appellant's motions which are for leave to prosecute the appeal on the original papers are granted, and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that the appellant's motions are otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is extended until December 13, 2022.

LASALLE, P.J., BRATHWAITE NELSON, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court