| People of State of New York v Joseph C. Marri |
| Motion No: 2012-02036 scr |
| Slip Opinion No: 2013 NY Slip Op 61211(U) |
| Decided on January 4, 2013 |
| 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.
ANGELA G. IANNACCI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Appellant, v Joseph C. Marri, Respondent. |
Motion by respondent to dismiss as untimely an appeal from an oral order of the Justice Court of the Town of Southampton, Suffolk County, made November 15, 2011.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see CPL 460.10 [1] [a]).
As the Justice Court advised the parties that no written order would be issued, respondent's time to appeal from the oral order commenced when the order was made (see People v Elmer, 19 NY3d 501 [2012]; cf. People v Washington, 86 NY2d 853 [1995] [the time to appeal a written order commences when the order is served by the prevailing party]).
.
ENTER:
Paul Kenny
Chief Clerk