Appellate Division: Second Judicial Department

M290539

AFA/

COLLEEN D. DUFFY, J.P.

ANGELA G. IANNACCI

WILLIAM G. FORD

BARRY E. WARHIT, JJ.

2023-00667 The People, etc., respondent, v Marvin Yanez, appellant. (Ind. No. 1893/2016)

DECISION & ORDER ON MOTION

2023-05106

The People, etc., respondent,

v Marvin Yanez, appellant.

(Ind. No. 70023/2016)

Appeals from two orders of the Supreme Court, Nassau County, dated November 17, 2022, and April 14, 2023, respectively. Motion by the appellant pro se for leave to prosecute the appeal from the order dated November 17, 2022, as a poor person and for the assignment of counsel. By order to show cause dated April 14, 2023, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal from the order dated November 17, 2022, on the ground that the order dated November 17, 2022, is neither appealable as of right nor by permission (see CPL 450.10, 450.15), and appellant's motion was 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 appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal from the order dated November 17, 2023, is granted and the appeal is dismissed; and it is further,

ORDERED that appellant's motion is denied as academic; and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated April 14, 2023, is dismissed, without costs or disbursements, on the ground that the order dated April 14, 2023, is neither appealable as of right nor by permission (see CPL 450.10, 450.15).

DUFFY, J.P., IANNACCI, FORD and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court