| People of State of New York v James M. Mcclelland |
| Motion No: 2021-00268 SCR |
| Slip Opinion No: 2022 NY Slip Op 70327(U) |
| Decided on July 19, 2022 |
| 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
JERRY GARGUILO, P. J.
ELIZABETH H. EMERSON
TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v James M. McClelland, Appellant. |
Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered March 29, 2021, for an extension of time to file an affidavit of errors, an extension of time to perfect the appeal and to compel the Agency to accept the Affidavit of Errors.
Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
The judgment of conviction was rendered upon defendant's failure to timely answer and was, therefore, a default judgment (see Vehicle and Traffic Law § 1806 a [1]) from which no appeal lies (see People v Rosano, 39 Misc 3d 126[A], 2013 NY Slip Op 50410[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2013]).
ENTER:
Paul Kenny
Chief Clerk