People v Erath, Kimmarie
Motion No: 2025-13964
Slip Opinion No: 2026 NY Slip Op 60762(U)
Decided on January 16, 2026
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M3107043

DB/jr

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

ELENA GOLDBERG VELAZQUEZ, JJ.

2025-13964

The People, etc., respondent,

v Kimmarie Erath, appellant.

(Ind. Nos. 70120/2017, 507N/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated October 20, 2025. By order to show cause dated November 21, 2025, the appellant was directed to show cause before this Court why the appeal in the above-entitled action should or should not be dismissed on the ground that the order dated October 20, 2025, is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15).

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements.

BARROS, J.P., BRATHWAITE NELSON, WARHIT and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court