| People of State of New York v Augusto C. Fernandez |
| Motion No: 2014-00323 SC |
| Slip Opinion No: 2014 NY Slip Op 93583(U) |
| Decided on December 18, 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. |
Motion by nonparty-appellant, in effect, to set aside a decision and order on motion of this court dated September 4, 2014, which dismissed an appeal from an order of the District Court of Suffolk County, Sixth District, entered December 30, 2013, or, in the alternative, for leave to appeal to this court from the District Court's order.
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 denied.
While nonparty-appellant correctly contends that she is aggrieved by the District Court's order, the order did not decide a motion made on notice and is not appealable as of right (see UDCA 1702). Nonparty-appellant's preferred remedy is to move in the District Court to set aside the December 30, 2013 order and, if necessary, appeal from the District Court's determination of that motion (see Sholes v Meagher, 100 NY2d 333, 335 [2003]).
ENTER:
Paul Kenny
Chief Clerk