| People of State of New York v Augusto C. Fernandes |
| Motion No: 2015-01427 SC |
| Slip Opinion No: 2015 NY Slip Op 77955(U) |
| Decided on June 24, 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
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Augusto C. Fernandes, Defendant; Judith N. Berger, Nonparty-Appellant. |
Appeal from an order of the District Court of Suffolk County, Sixth District, entered March 18, 2015, and a decision of the same court made on May 14, 2015.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
So much of the appeal as is from the order is dismissed on the ground that nonparty-appellant is not aggrieved by the portion of the order that granted her motion to set aside a prior order of the same court (see CPLR 5511), and the portion of the order that set the matter down for a hearing is not appealable as of right (see Bagdy v Progresso Foods Corp., 86 AD2d 589 [1982]) and leave to appeal has not been granted. So much of the appeal as is from the decision is dismissed on the ground that no appeal lies from an oral decision (see Ojeda v Metropolitan Playhouse, 120 AD2d 717 [1986]).
ENTER:
Paul Kenny
Chief Clerk