Appellate Division: Second Judicial Department

M294037

KS/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2023-05411 The People, etc., respondent, v James Martin, appellant. (Ind. Nos. 70002/1982, 54733/1982)

DECISION & ORDER ON MOTION

2023-06120

The People, etc., respondent,

v James Martin, appellant.

(Ind. Nos. 70003/1982, 54697/1982)

2023-06294

The People, etc., respondent,

v James Martin, appellant.

(Ind. Nos. 70004/1982, 54775/1982)

Appeals from three judgments of the Supreme Court, Nassau County, all rendered December 7, 1982. Motion by the appellant pro se for leave to prosecute the appeals as a poor person and for the assignment of counsel. By order to show cause dated December 1, 2023, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeals on the ground that the notices of appeal were untimely filed (see CPL 460.30), and that appeals from these judgments were previously determined by this Court (see People v Martin, 104 AD2d 1063), and the motion by the appellant was held in abeyance in the interim.

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

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

ORDERED that the motion by the appellant is denied as academic.

BRATHWAITE NELSON, J.P., WOOTEN, FORD and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court