Opinion
Motion No. 2021-00268 SCR
07-19-2022
People of State of New York, Respondent, v. James M. McClelland, Appellant.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P. J. ELIZABETH H. EMERSON TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered March 29, 2021, for an extension of time to file an affidavit of errors, an extension of time to perfect the appeal and to compel the Agency to accept the Affidavit of Errors.
Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
The judgment of conviction was rendered upon defendant failure to timely answer and was, therefore, a default judgment (see Vehicle and Traffic Law § 1806 a [1]) from which no appeal lies (see People v Rosano, 39 Misc.3d 126[A], 2013 NY Slip Op 50410[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2013]).