| People of State of New York v Shawn Ackerson |
| Motion No: 2008-01013 WC 07-07-2008 |
| Slip Opinion No: 2008 NYSlipOp 80892(U) |
| Decided on August 18, 2008 |
| 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. |
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- SHAWN ACKERSON, Defendant, ----------------------------------------------------------------------------x DAVID GORDON, ESQ., Non-Party Appellant. |
DECISION
Motion by the People to dismiss appeal by non-party appellant David Gordon, Esq., from an order of the City Court of White Plains, Westchester County (Brian Hansbury, J.), dated April 11, 2008, granted.
Non-party appellant seeks to appeal from an order which denied his motion to modify a prior order by striking certain language therein. Non-party appellant is not aggrieved by the order appealed from because the prior order, while cautioning him about his future conduct, imposed no penalty or sanction upon him (CPLR 5511; see NY Jur 2d Contempt § 204; see generally Ton-Da-Lay v Diamond, 36 NY2d 856 [1975]). In addition, no appeal lies from an order arising out of a criminal proceeding absent specific statutory authorization (see People v Santos, 64 NY2d 702, 704 [1984]; People v Herrara, 171 AD2d 85, 87 [1991]), and such authorization is here lacking (see CPL art 450).