| People v Badalamenti, Vincent |
| Motion No: 2020-05612 |
| Slip Opinion No: 2021 NY Slip Op 64286(U) |
| Decided on April 7, 2021 |
| Appellate Division, 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 Division: Second Judicial Department
M276531
E/sl
LEONARD B. AUSTIN, J.P.
HECTOR D. LASALLE
BETSY BARROS
PAUL WOOTEN, JJ.
|
2020-05612 The People, etc., appellant, v Vincent Badalamenti, respondent. (Case No. 160800814)
| DECISION & ORDER ON MOTION |
Appeal from an order of the County Court, Suffolk County, dated January 24, 2020. By order to show cause dated August 24, 2020, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the order dated January 24, 2020, is neither appealable as of right nor by permission.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion is denied (see People v Santos, 64 NY2d 702); and it is further,
ORDERED that the appeal is transferred to the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, for determination (see 22 NYCRR 730.1[d]); and it is further,
ORDERED that all further proceedings in connection with the appeal shall be conducted pursuant to the rules of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts.
AUSTIN, J.P., LASALLE, BARROS and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court