Appellate Division: Second Judicial Department

M287956

AFA/

VALERIE BRATHWAITE NELSON, J.P.

LARA J. GENOVESI

BARRY E. WARHIT

LILLIAN WAN, JJ.

2022-05730 The People, etc., respondent, v Tarence Kirkland, appellant. (Ind. No. 868/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, entered June 1, 2022. Motion by Rosenbaum & Taylor, P.C., for leave to withdraw as counsel for the appellant. Separate motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. By order to show cause dated September 23, 2022, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that the order entered June 1, 2022, is not appealable as of right and leave to appeal had not been granted, and the 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 motion by Rosenbaum & Taylor, P.C., and the papers filed in relation thereto, and upon the papers filed in support of the motion by the appellant pro se and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed; and it is further,

ORDERED that the motions by Rosenbaum & Taylor, P.C., and the appellant pro se are denied as academic.

BRATHWAITE NELSON, J.P., GENOVESI, WARHIT and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court