| People of State of New York v Michael S. Dethlefsen |
| Motion No: 2016-01786 SCR |
| Slip Opinion No: 2017 NY Slip Op 74029(U) |
| Decided on May 9, 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.
ANGELA G. IANNACCI
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Michael S. Dethlefsen, Appellant. |
Motion by appellant to vacate the dismissal on an appeal from an order of the District Court of Suffolk County, Traffic And Parking Violations Agency, entered June 13, 2016.
Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it is
ORDERED that the motion to vacate dismissal is denied without prejudice to renew by moving for an extension of time to file an affidavit of errors pursuant to CPL 460.30.
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