Appellate Division: Second Judicial Department

M298842

AFA/

FRANCESCA E. CONNOLLY, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

LILLIAN WAN, JJ.

2024-02215 The People, etc., respondent, v Malique Shelton, appellant. (Ind. Nos. 70039/2017, 157N/2017, 70040/2017, 237N/2017, 70100/2018, 010N/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated September 26, 2023. By order to show cause dated April 12, 2024, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the order is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15). By decision and order on motion dated June 5, 2024, an application by the appellant, 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 was granted, 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 was extended until July 5, 2024, and the motion to dismiss the appeal was held in abeyance in the interim. The appellant has not made 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, it is

ORDERED that the motion to dismiss the appeal is granted (see CPL 450.10, 450.15), and the appeal is dismissed, without costs and disbursements.

CONNOLLY, J.P., MILLER, FORD and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court