People v. Radin

Full title: The People of the State of New York, Respondent, v. Soya Radin, Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Aug 20, 2012

2012 N.Y. Slip Op. 82756 (N.Y. App. Div. 2012)

Opinion

Motion No: 2011-03005 ncr 2011-03005 N CR

08-20-2012

The People of the State of New York, Respondent, v. Soya Radin, Appellant.

JOHN R. LaCAVA

, J.P.

FRANCIS A. NICOLAI

HECTOR D. LaSALLE, JJ.

DECISION & ORDER ON MOTION

Motion by appellant to vacate an order of this court dated July 16, 2012, which dismissed an appeal from a judgment of conviction of the District Court of Nassau County, Traffic and Parking Violations Agency, rendered August 4, 2011.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is,

ORDERED that the motion by appellant to vacate the dismissal of the appeal is denied.

Appellant fails to show good cause for her failure to timely perfect the appeal (see Rules of the Appellate Term, 9th & 10th

Judicial Dists [22 NYCRR § 732.8]). A motion to vacate dismissal requires that the movant establish a reasonable excuse for its default as well as a meritorious cause of action (CPLR 5015 [a]; see, Eugene DiLorenzo, Inc. v AC Dutton Lbr. Co., 67 NY2d 138 [1986]). Here, appellant fails to offer a reasonable excuse for her default, and does not make any reference to the existence of a meritorious appeal.

ENTER:

Paul Kenny

Chief Clerk