| People of State of New York v Sean M. Soltan |
| Motion No: 2015-02517 SCR |
| Slip Opinion No: 2017 NY Slip Op 61188(U) |
| Decided on January 6, 2017 |
| 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 Sean M. Soltan, Appellant. |
Appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered July 30, 2015. By order to show cause dated August 24, 2016, the parties were directed to show cause before this court why the appeal should or should not be dismissed on the ground that the appeal was not properly taken in that the trial proceedings were recorded electronically and no affidavit of errors had been filed.
Upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see People v Smith, 27 NY3d 643 [2016]) without prejudice to appellant filing an application for a writ of error coram nobis seeking an extension of time to file an affidavit of errors (see People v Smith, 2016 NY Slip Op 83072[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]).
ENTER:
Paul Kenny
Chief Clerk