People of State of New York v Donald D. Ball
Motion No: 2012-00330 scr
Slip Opinion No: 2012 NY Slip Op 68513(U)
Decided on March 21, 2012
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, J.P.

JOHN R. LaCAVA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2012-330 S CR
The People of the State of New York, Respondent, v
Donald D. Ball, Appellant.

Motion by respondent to dismiss an appeal from an order of the Justice Court of the Town of East Hampton, Suffolk County, dated December 1, 2008.

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

ORDERED that the motion is granted and the appeal is dismissed as no appeal lies from an order arising out of a criminal proceeding absent specific statutory authorization (see CPL 450.10; 450.15; People v Santos, 64 NY2d 702, 704 [1984]; People v Herrara, 171 AD2d 85, 87 [1991]).

ENTER:

Paul Kenny

Chief Clerk