| People of State of New York v Steven Mann |
| Motion No: 2015-00672 NCR |
| Slip Opinion No: 2015 NY Slip Op 90628(U) |
| Decided on November 10, 2015 |
| 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
ANTHONY MARANO, P.J.
ANGELA G. IANNACCI
FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Steven Mann, Appellant. |
Motion by appellant on an appeal from a judgment of conviction of the Justice Court of the Village of Cedarhurst, Nassau County, rendered February 11, 2015, to hold the Honorable Andrew S. Goldsmith, a Justice of that court, in contempt for failing to comply with a decision and order on motion of this court dated July 6, 2015, which directed the Justice Court to file a return on appellant's affidavit of errors, and for summary reversal, or, in the alternative, for an order deeming the allegations set forth in the affidavit of errors to be admitted for the purposes of the appeal. Cross motion by respondent to dismiss the appeal. Separate cross motion by the Honorable Andrew S. Goldsmith for an order extending the time to file a return on defendant's affidavit of errors.
Upon the papers filed in support of the motion and cross motions, and the papers filed in opposition thereto, it is
ORDERED that appellant's motion and respondent's cross motion are denied; and it is further,
ORDERED that the cross motion for an extension of time is denied as moot, as the return has been filed with this court.
ENTER:
Paul Kenny
Chief Clerk