| People of State of New York v Caspian Realty, Inc. Etc. |
| Motion No: 2012-00766 WCR |
| Slip Opinion No: 2014 NY Slip Op 63069(U) |
| Decided on January 23, 2014 |
| 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
FRANCIS A. NICOLAI, P.J.
ANGELA G. IANNACCI
ANTHONY MARANO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Caspian Realty, Inc. etc., Appellant. |
Appeal from an order of the Justice Court of the Town of Greenburgh, Westchester County, dated December 19, 2011.
On the court's own motion, it is
ORDERED that 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]).
We note that the December 19, 2011 order, which, among other things, granted an oral motion by respondent for the entry of a default against appellant, does not constitute a judgment of conviction (see CPL 1.20 [13], [15]).
ENTER:
Paul Kenny
Chief Clerk