| People of State of New York v Arthur Botsas |
| Motion No: 2011-00651 nc |
| Slip Opinion No: 2012 NY Slip Op 69261(U) |
| Decided on March 27, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANGELA G. IANNACCI, J.P.
FRANCIS A. NICOLAI
DENISE F. MOLIA, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Arthur Botsas, Appellant. |
Motion by appellant to vacate an order of this court dated October 11, 2011, which dismissed an appeal from a judgment of conviction of the District Court of Nassau County, Traffic and Parking Violations Agency entered October 20, 2010.
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 to vacate the dismissal of the appeal is denied.
Appellant fails to show good cause for his failure to timely perfect the appeal (see Rules of the Appellate Term, 9
th
& 10
th
Judicial Dists [22 NYCRR § 732.8]). A motion to vacate dismissal requires that the movant establish a reasonable excuse for its default as well as a meritorious cause of action (CPLR 5015 [a]; see, Eugene DiLorenzo, Inc. v AC Dutton Lbr. Co., 67 NY2d 138 [1986]). Here, appellant attributes his default to the fact that "neither the Appellate Term, nor the TPVA notified me of any appeal proceeding." The notice of appeal was filed on November 17, 2010 and the appeal was dismissed almost a year later. Even if the court were to find the proffered excuse reasonable, appellant makes no reference whatsoever to the merits of the appeal.
ENTER:
Paul Kenny
Chief Clerk