Opinion
Motion No. 2024-07790 Ind. No. 226/2021
11-20-2024
Unpublished Opinion
MOTION DECISION
M300826
COLLEEN D. DUFFY, J.P. ROBERT J. MILLER DEBORAH A. DOWLING PHILLIP HOM, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Westchester County, rendered May 26, 2022. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. Cross-motion by the respondent to dismiss the appeal on the ground that the notice of appeal was untimely filed.
Upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the respondent and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion by the respondent is granted and the appeal is dismissed (see CPL 460.30); and it is further, ORDERED that the motion by the appellant is denied as academic.
DUFFY, J.P., MILLER, DOWLING and HOM, JJ., concur.