The family of a New City mother who was brutally raped and murdered is breathing a little easier Tuesday after hearing the murderer?s appeal was dismissed.

Ronald Herrera, an illegal immigrant, was convicted of the rape and murder of 42-year-old Mary Nagle, of New City. Herrera was hired to wash the family's deck in April 2005, but instead broke into the home and killed the mother of two in her bedroom. Herrera was sentenced to life in prison without parole in May 2006.

Rockland County District Attorney Michael Bongiorno says Herrera?s attorney filed a notice of appeal following his sentence, but never completed all the paperwork. Because of that, the state Supreme Court dismissed his appeal.

Herrera?s attorney could still file a motion to have the appeal reinstated, but would have to show good cause for the delay. If that were to happen, Mary Nagle?s husband, Dan, says he and his family are confident that Bongiorno would make every effort to ensure Herrera is kept behind bars.

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