| People of State of New York v Frank Cervera |
| Motion No: 2011-02052 orcr |
| Slip Opinion No: 2011 NY Slip Op 93988(U) |
| Decided on December 22, 2011 |
| 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.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Frank Cervera, Appellant. |
Separate motions returnable October 21, 2011 and October 28, 2011, respectively, by appellant on an appeal from a judgment of conviction of the Justice Court of the Town of Minisink, Orange County, rendered April 13, 2011, for an order directing the Justice Court to file a return on defendant's affidavit of errors, for summary reversal and for related relief.
Upon the papers filed in support of the motions and the papers filed in response thereto, it is
ORDERED, on the court's own motion, that appellant's motions are consolidated for purposes of disposition; and it is further,
ORDERED that the branch of the motion returnable October 21, 2011 seeking an order directing the Justice Court to file a return on defendant's affidavit of errors is granted and the Justice Court shall, within 21 days of service by appellant upon it of copies of the affidavit of errors and the order hereon, file with the clerk of this court the affidavit of errors and the court's return (CPL 460.10 [3] [d], [e]); and it is further,
ORDERED that the branch of the motion returnable October 28, 2011 seeking an order directing the Justice Court to file a return on defendant's affidavit of errors is denied as moot; and it is further,
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ORDERED that the branches of the motions seeking summary reversal and related relief are denied; and it is further,
ORDERED, on the court's own motion, that an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by April 6, 2012.
ENTER:
Paul Kenny
Chief Clerk
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