| People of State of New York v Augusto C. Fernandez |
| Motion No: 2014-00323 SC |
| Slip Opinion No: 2014 NY Slip Op 85573(U) |
| Decided on September 4, 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
ANGELA G. IANNACCI, J.P.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Augusto C. Fernandez, Defendant; Judith N. Berger, Esq., Nonparty-Appellant. |
Appeal from an order of the District Court of Suffolk County, Sixth District, entered December 30, 2013.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as the order was made following nonparty-appellant's failure to appear at a hearing, and nonparty-appellant is not aggrieved by the order (see CPLR 5511). In addition, the order did not decide a motion made on notice and would not be appealable as of right (see UDCA 1702).
ENTER:
Paul Kenny
Chief Clerk