Opinion
Motion No: 2013-02116 WCR
05-08-2014
, P.J.
ANGELA G. IANNACCI
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to dismiss as untimely an appeal from a judgment of conviction of the City Court of Yonkers, Westchester County, rendered December 10, 2010, and an amended judgment of the same court, rendered August 28, 2012. Separate motion by appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is granted and the appeal is dismissed as untimely (see CPL 460.10 [1] [a]); and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk