Opinion
Motion No: 2011-03558 Ind. No. 10205/09 M137668
05-15-2012
The People, etc., respondent, v. Lancelot Favorite, appellant.
, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered September 13, 2010, as a poor person, and for the assignment of counsel. By order to show cause dated June 10, 2011, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that on the ground that the notice of appeal was untimely, and the appellant's motion was held in abeyance in the interim.
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 relation thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPL 460.10[1][a], 460.30); and it is further,
ORDERED that the appellant's motion is denied as academic.
ANGIOLILLO, J.P., FLORIO, BELEN and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court