Appellate Division: Second Judicial Department

M289287

AFA/

FRANCESCA E. CONNOLLY, J.P.

VALERIE BRATHWAITE NELSON

REINALDO E. RIVERA

HELEN VOUTSINAS, JJ.

2022-06384 The People, etc., respondent, v Roger Thomas, appellant. (Ind. No. 5650/2011)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated June 23, 2022. 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 April 19, 2023, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the order dated June 23, 2022, is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15), and the appellant's motion was held in abeyance in the interim. Application 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.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted, and the time for the appellant 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 June 23, 2022, is extended until July 3, 2023; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the motions are held in abeyance in the interim.

CONNOLLY, J.P., BRATHWAITE NELSON, RIVERA and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court