Appellate Division: Second Judicial Department

M300837

ID/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

PHILLIP HOM, JJ.

2024-00608 The People, etc., respondent, v Tyrone Haywood, appellant. (Ind. No. 70005/2008)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated December 12, 2023. By order to show cause dated August 28, 2024, appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the order dated December 12, 2023, 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 of this Court dated October 9, 2024, the 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 dated December 12, 2023, was extended until November 8, 2024, and the motion is 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.

DUFFY, J.P., MILLER, DOWLING and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court