People of State of New York v Mark Davies
Motion No: 2014-02241 NCR
Slip Opinion No: 2015 NY Slip Op 83597(U)
Decided on August 20, 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

ANTHONY MARANO, P.J.

JERRY GARGUILO

FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER ON MOTION

2014-2241 N CR
The People of the State of New York, Respondent, v Mark Davies, Appellant.

Motion by the appellant to vacate an order of this court dated March 16, 2015, which dismissed an appeal from a judgment of conviction of the District Court of Nassau County, Traffic And Parking Violations Agency, rendered September 15, 2014.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is hereby,

ORDERED that the motion is denied with leave to renew upon the filing of an affidavit by appellant setting forth a reasonable excuse for his default (see CPLR 5015 [a][1]; U. Joon Sung v Feng Ue Jin., 127 AD3d 740; Dutchess Truck Repair, Inc. v Boyce, 120 AD3d 543). In support of the instant motion, appellant sets forth the purported merits of the appeal but fails to proffer an excuse for his failure to perfect the appeal in a timely manner.

ENTER:

Paul Kenny

Chief Clerk