| People of State of New York v Shai-asja Alexander |
| Motion No: 2016-00772 SCR |
| Slip Opinion No: 2016 NY Slip Op 93732(U) |
| Decided on November 30, 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.
ORDER TO SHOW CAUSE
| The People of the State of New York, Respondent, v Shai-Asja Alexander, Appellant. |
Motion by appellant to enlarge the time to perfect an appeal from an order of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, entered August 31, 2015, to compel the Clerk of the Suffolk County Traffic and Parking Violations Agency to forward the record on appeal to this court, and for an extension of time to file in the District Court the decision, order and certificate dated June 28, 2016 granting leave to appeal to this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the parties 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 proceedings were recorded electronically and no affidavit of errors was filed, by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before December 19, 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 by regular mail; and it is further,
ORDERED that appellant's motion is held in abeyance in the interim.
In People v Smith (27 NY3d 643 [2016]), the Court of Appeals held that, for the purpose of taking an appeal, a record made from a mechanical recording is not the equivalent of a record made by a court stenographer and that an affidavit of errors is required for such an appeal to be properly taken.
ENTER:
Paul Kenny
Chief Clerk