| People of State of New York v Stanley Jablonka |
| Motion No: 2010-03258 DCR |
| Slip Opinion No: 2016 NY Slip Op 86601(U) |
| Decided on September 16, 2016 |
| 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
BRUCE E. TOLBERT, J.P.
ANGELA G. IANNACCI
JERRY GARGUILO, JJ.
ORDER TO SHOW CAUSE
| The People of the State of New York, Respondent, v Stanley Jablonka, Appellant. |
Appeal from a judgment of conviction of the Justice Court of the Town of Stanford, Dutchess County, rendered November 4, 2010. The judgment convicted appellant, after a nonjury trial, of inhumane destruction of a dog, criminal possession of a weapon in the fourth degree, and criminal mischief in the fourth degree. The appeal from the judgment of conviction brought up for review so much of an order of the same court dated June 30, 2010 as denied, without a hearing, the branch of appellant's omnibus motion seeking to dismiss the accusatory instrument on the ground that his statutory right to a speedy trial had been violated. By decision and order dated April 9, 2015, this court vacated so much of the order dated June 30, 2010 as denied the branch of appellant's omnibus motion seeking to dismiss the accusatory instrument on the ground that his statutory right to a speedy trial had been violated, remitted the matter to the Justice Court for a new determination of that branch of appellant's motion, following a hearing, and held the appeal in abeyance in the interim. On December 16, 2015, the Justice Court vacated appellant's conviction of inhumane destruction of a dog. This court has been advised that the remainder of the action and the appeal have been resolved.
On the court's own motion, it is
ORDERED that the parties show cause before this court why the above-entitled appeal should or should not be dismissed in view of the forgoing by filing an affidavit or affirmation on that issue with the Clerk of this court on or before October 11, 2016; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties' attorneys by regular mail.
ENTER:
Paul Kenny
Chief Clerk