Opinion
Motion No. 2022-00282 SC
02-07-2023
The People of the State of New York, Respondent, v. Melissa Seidenberg, Appellant.
Unpublished Opinion
MOTION DECISION
TIMOTHY S. DRISCOLL, J.P., JAMES P. McCORMACK, GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to vacate an order of this court dated November 14, 2022, which dismissed an appeal from a judgment of the District Court of Suffolk County, Traffic and Parking Violations Agency District, entered March 9, 2022. Separate motion to compel the Agency to file a return with the court.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is
ORDERED that the motions are consolidated for disposition; and it is further, ORDERED that the motion to vacate the dismissal is denied with leave to renew upon the filing of an affidavit by appellant setting forth a potentially meritorious appeal on or before March 6, 2023; and it is further, ORDERED that the motion to compel the filing of a return is denied as moot.
It should be noted that the appeal is considered civil in nature and is thus governed by the Rules of the Appellate Term, Second Department (22 NYCRR) § 731.9(a)(2), requiring a reproduced printed record. Appellant may seek a waiver of such requirement upon a showing of good cause pursuant to § 731.9(a)(3).