Opinion
2021-76348 Ind. 1818/1996
12-22-2021
Unpublished Opinion
MOTION DECISION
ROBERT J. MILLER, J.P., VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, WILLIAM G. FORD, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Queens County, dated December 23, 2020. Motion by the appellant to extend the time 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 23, 2020. By order to show cause dated March 22, 2021, 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 was not appealable as of right and leave to appeal had not been granted. By decision and order on motion of this Court dated May 12, 2021, the motion to dismiss the appeal was held in abeyance and the appellant's prior motion to extend the time 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 23, 2020, was granted.
Now, upon the order to show cause and the papers 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 appellant's motion is denied (see CPL 460.30[1]); and it is further, ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPL 450.10, 450.15).
MILLER, J.P., BRATHWAITE NELSON, IANNACCI and FORD, JJ., concur.