| People of State of New York v Soya Radin |
| Motion No: 2011-03005 ncr |
| Slip Opinion No: 2012 NY Slip Op 82756(U) |
| Decided on August 20, 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
JOHN R. LaCAVA, J.P.
FRANCIS A. NICOLAI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Soya Radin, Appellant. |
Motion by appellant to vacate an order of this court dated July 16, 2012, which dismissed an appeal from a judgment of conviction of the District Court of Nassau County, Traffic and Parking Violations Agency, rendered August 4, 2011.
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 her 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 fails to offer a reasonable excuse for her default, and does not make any reference to the existence of a meritorious appeal.
ENTER:
Paul Kenny
Chief Clerk