Appellate Division: Second Judicial Department

M311132

ID/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

LOURDES M. VENTURA

DONNA-MARIE E. GOLIA, JJ.

2025-02368 The People, etc., respondent, v Gerry Merriman, appellant. (Ind. No. 70061/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated January 20, 2025. By order to show cause dated March 7, 2025, 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 20, 2025, is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15). By decision and order on motion of this Court dated September 19, 2025, the application by the appellant, in effect, pursuant to CPL 460.30 for an extension of time to make a make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order was granted, the time for the appellant to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated January 20, 2025, was extended until October 20, 2025, and the motion was held in abeyance in the interim. The appellant has not made an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted (see CPL 450.10, 450.15), and the appeal is dismissed.

CONNOLLY, J.P., CHRISTOPHER, VENTURA and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court