Appellate Division: Second Judicial Department

M306788

AFA/

CHERYL E. CHAMBERS, J.P.

PAUL WOOTEN

BARRY E. WARHIT

PHILLIP HOM, JJ.

2025-03431 The People, etc., respondent, v Andrew Denton, appellant. (Ind. No. 72743/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated May 21, 2024. Motion by the appellant pro se, inter alia, in effect, for summary reversal of the order. Application by Adam C. Neal dated February 25, 2025, for waiver of costs, fees, and expenses and for the assignment of counsel pursuant to Criminal Procedure Law § 380.55(2). By order to show cause dated May 21, 2025, the 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 May 21, 2024, is neither appealable as of right nor by permission, and the appellant's motion and the application were held in abeyance in the interim.

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 opposition 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 motion to dismiss the appeal is granted and the appeal is dismissed on the ground that the order dated May 21, 2024, is neither appealable as of right nor by permission (see CPL 450.10, 450.15); and it is further,

ORDERED that the motion by the appellant and the application are denied as academic.

CHAMBERS, J.P., WOOTEN, WARHIT and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court