People of State of New York v Mark Serri
Motion No: 2007-01296 SCR
Slip Opinion No: 2007 NYSlipOp 80937(U)
Decided on October 3, 2007
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS


PRESENT : RUDOLPH, P.J., McCABE and TANENBAUM, JJ.


NO. 2007-1296 S CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-

MARK SERRI,

Appellant.

DECISION

Motion by defendant to vacate the temporary order of protection dated August 1, 2007 is denied as moot.

On the court's own motion, appeal is dismissed.

No appeal lies from an order arising out of a criminal proceeding absent specific statutory authorization (see CPL 450.10; People v Santos, 64 NY2d 702, 704 [1984]; People v Herrara, 171 AD2d 85, 87 [1991]).