People of State of New York v Walter W. Anketell
Motion No: 2010-00082 scr
Slip Opinion No: 2010 NY Slip Op 73704(U)
Decided on June 4, 2010
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 of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

JOHN R. LaCAVA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2010-82 S C
The People of the State of New York, Plaintiff, v
Walter W. Anketell, Defendant.

Motion by defendant for leave to appeal to the Appellate Division from an order of this court dated March 9, 2010 which dismissed his appeal from an order of the District Court of Suffolk County, First District, entered December 3, 2009.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is,

ORDERED that the motion by appellant for leave to appeal to the Appellate Division is denied.

We note that defendant did not seek leave to appeal to this court, upon an appropriate showing of merit (UDCA 1702 [c]), or seek relief pursuant to CPLR article 78 (see e.g. Matter of Schermerhorn v Becker, 64 AD3d 843 [2009]; Matter of Vanderminden v Tarantino, 60 AD3d 55 [2009]).

ENTER:

Paul Kenny

Chief Clerk