| People of State of New York v Rocco R. Ermarrino |
| Motion No: 2016-00382 SCR |
| Slip Opinion No: 2017 NY Slip Op 63739(U) |
| Decided on February 1, 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 Rocco R. Ermarrino, Appellant. |
Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered January 28, 2016, to compel the District Court to accept appellant's affidavit of errors as timely filed, and for an enlargement of time to perfect the appeal. In a supplemental affirmation, appellant's counsel advised this court that the District Court has now accepted the affidavit of errors as timely.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to compel the District Court to accept appellant's affidavit of errors as timely filed is denied as moot; and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by April 7, 2017.
ENTER:
Paul Kenny
Chief Clerk