Appellate Division: Second Judicial Department

M310582

ID/

LARA J. GENOVESI, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

LOURDES M. VENTURA, JJ.

2025-09028 The People, etc., respondent, v Nicholas Cox, appellant. (Ind. No. 73453/2024)

DECISION & ORDER ON MOTION

Appeal from order of the Supreme Court, Suffolk County, dated June 30, 2025. Motion by the appellant pro se to stay enforcement of the order, pending hearing and determination of the appeal, for waiver of costs, fees, and expenses, and for the assignment of counsel. By order to show cause dated November 3, 2025, the appellant was directed to show cause before this Court why the appeal in the above-entitled action should or should not be dismissed on the ground that the order dated June 30, 2025, is neither appealable as of right nor by permission (see CPL 450.10, 450.15), and the appellant's motion 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 appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

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

GENOVESI, J.P., CHRISTOPHER, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court