| People of State of New York v Ettie Props., Inc. & Isaac Hershko |
| Motion No: 2010-01641 ncr |
| Slip Opinion No: 2010 NY Slip Op 86900(U) |
| Decided on October 27, 2010 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
MELVYN TANENBAUM
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Plaintiff, v Ettie Properties, Inc. and Isaac Hershko Also Known as Isak Also Known as Itzchak Hershko, Defendants. |
Motion by defendants to compel the Justice Court of the Village of Cedarhurst, Nassau County, to transmit the record of an appeal from a judgment of conviction of said court, rendered April 14, 2010, including the notice of appeal, to this court, for an enlargement of time to perfect the appeal, and for the imposition of costs and sanctions.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to compel the Justice Court to transmit the notice of appeal to this court is deemed an application pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment of conviction and the application is granted; and it is further,
ORDERED that defendants' moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the branch of the motion seeking to compel the Justice Court of the Village of Cedarhurst to transmit the record on appeal to this court is granted and the Justice Court shall within 30 days of service by defendants upon it of a copy of this decision and order transmit the record to this court; and it is further,
ORDERED that the branch of the motion for an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by December 3, 2010; and it is further,
ORDERED that the branch of motion seeking the imposition of costs and sanctions is denied.
Since the notice of appeal filed by defendants' counsel mistakenly noticed the appeal to the County Court of Nassau County (see CPL 460.10), and since defendants' moving papers establish a basis for relief under CPL 460.30, we have treated defendants' application to compel the Justice Court to transmit the notice of appeal to this court as a CPL 460.30 application for an extension of time to take an appeal, and we grant the application.
ENTER:
Angela G. Iannacci
Associate Justice