| People of State of New York v Christopher Basile |
| Motion No: 2014-02423 WC |
| Slip Opinion No: 2015 NY Slip Op 71209(U) |
| Decided on April 9, 2015 |
| 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
ANTHONY MARANO, P.J.
ANGELA G. IANNACCI
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Christopher Basile, Appellant. |
Motion by appellant on an appeal from an order of the Justice Court of the Village of Dobbs Ferry, Westchester County, entered July 17, 2014, to compel the Justice Court to transfer the original court file to this court, and for an enlargement of time to perfect the appeal to 60 days from the day that the file is transferred.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that so much of the appeal as is from the portion of the order that denied the branch of appellant's motion seeking to correct the record to reflect that appellant was acquitted of reckless driving 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]); and it is further,
ORDERED that appellant's motion is denied, as the Justice Court has transferred to this court the record insofar as it concerns appellant's appeal from the portion of the Justice Court's order denying the branch of appellant's motion seeking to seal the record, which appeal has been assigned appeal No. 2015-600 W C.
ENTER:
Paul Kenny
Chief Clerk