| People of State of New York v Matthew Concepcion |
| Motion No: 2015-02051 SCR |
| Slip Opinion No: 2016 NY Slip Op 89923(U) |
| Decided on October 17, 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
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Matthew Concepcion, Appellant. |
Motion by appellant, pursuant to CPL 460.50 and Vehicle and Traffic Law § 1808, on an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered August 17, 2015, to continue a stay granted by decision and order on motion of this court dated March 21, 2016, and for ancillary relief. By order to show cause dated August 25, 2016, the parties were directed to show cause before this court why the above-entitled appeal should or should not be dismissed on the ground that the appeal was not properly taken in that the trial proceedings had been recorded electronically and no affidavit of errors had been filed. Separate motion by appellant pursuant to CPL 460.30 for an extension of time to file an affidavit of errors.
Upon the papers filed in support of appellant's motion to continue the stay and no papers having been filed in opposition thereto, upon the papers filed in support of appellant's motion for an extension of time to file an affidavit of errors and the papers filed in opposition thereto, and upon the order to show cause, it is
ORDERED, on the court's own motion, that appellant's motions and the order to show cause are consolidated for the purposes of disposition; and it is further,
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that appellant's motion for an extension of time to file an affidavit of errors is granted and appellant's time to file an affidavit of errors is extended 30 days from the date of this decision and order on motion; and it is further,
ORDERED that appellant's motion to continue the stay is granted; and it is further,
ORDERED that appellant shall serve a certified copy of this decision and order on motion by mail upon the Commissioner of Motor Vehicles pursuant to Vehicle and Traffic Law Section 1808 (a) within 10 days of the date of this decision and order on motion; and it is further,
ORDERED that the stay of the revocation of appellant's motor vehicle operator's license shall terminate and be of no further effect 90 days from the date of this decision and order on motion unless this court shall have further extended the stay.
ENTER:
Paul Kenny
Chief Clerk