| People of State of New York v Melissa Seidenberg |
| Motion No: 2022-00282 SC |
| Slip Opinion No: 2023 NY Slip Op 61938(U) |
| Decided on February 7, 2023 |
| 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
TIMOTHY S. DRISCOLL, J.P.
JAMES P. McCORMACK
GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Melissa Seidenberg, Appellant. |
Motion by appellant to vacate an order of this court dated November 14, 2022, which dismissed an appeal from a judgment of the District Court of Suffolk County, Traffic and Parking Violations Agency District, entered March 9, 2022. Separate motion to compel the Agency to file a return with the court.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is
ORDERED that the motions are consolidated for disposition; and it is further,
ORDERED that the motion to vacate the dismissal is denied with leave to renew upon the filing of an affidavit by appellant setting forth a potentially meritorious appeal on or before March 6, 2023; and it is further,
ORDERED that the motion to compel the filing of a return is denied as moot.
It should be noted that the appeal is considered civil in nature and is thus governed by the Rules of the Appellate Term, Second Department (22 NYCRR) § 731.9(a)(2), requiring a reproduced printed record. Appellant may seek a waiver of such requirement upon a showing of good cause pursuant to § 731.9(a)(3).
ENTER:
Paul Kenny
Chief Clerk