Opinion
Motion No: 2013-02607 PCR
04-21-2014
The People of the State of New York, Respondent, v. Jose L. Barragan, Appellant.
, J.P.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to vacate the dismissal on an appeal from a judgment of conviction of the Justice Court of the Town of Southeast , Putnam County, rendered June 27, 2013.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied with leave to renew upon the filing of an affidavit by appellant setting forth both a reasonable excuse for his default and a potentially meritorious appeal (see CPLR 5015 [a][1]; Sussman v Jo-Sta Realty Corp., 99AD3d 787).
ENTER:
Paul Kenny
Chief Clerk