Opinion
2013-03363 Index No. 80275/12 M157483
06-06-2013
In the Matter of Anthony Rucano, appellant, v. Richmond County District Attorney, etc., respondent.
, J.P.
PETER B. SKELOS
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Richmond County, dated February 19, 2013, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 (see CPLR 5701[b][1]) and leave to appeal has not been granted; and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., SKELOS, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court