Opinion
Motion No: 2019-01256 NCR
01-23-2020
The People of the State of New York, Respondent, v. Kader B. Mavruk, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to vacate an order of this court dated October 15, 2019, which, on the court's own motion, dismissed, for failure to perfect, an appeal from an order of the District Court of Nassau County, First District, entered June 13, 2019.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that this court's order of dismissal dated October 15, 2019 is recalled and vacated; and it is further,
ORDERED that appellant's motion is denied as academic; and it is further,
ORDERED, on the court's own motion, that the appeal is dismissed on the ground that the order sought to be appealed is not appealable as of right (see CPL 450.10) and leave to appeal (see CPL 450.15) has not been granted.
ENTER:
Paul Kenny
Chief Clerk