| People of State of New York v Richard Patrizio |
| Motion No: 2016-00289 SCR |
| Slip Opinion No: 2017 NY Slip Op 76610(U) |
| Decided on May 30, 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
JAMES V. BRANDS, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Richard Patrizio, Appellant. |
Motion by appellant to vacate the dismissal of an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic And Parking Violations Agency District, rendered January 6, 2016, and, upon vacatur, to enlarge the time to perfect the appeal. Appellant also moves to disqualify Justin Smiloff, Esq., the SCTPVA prosecutor's office and the Suffolk County Attorney, from acting as respondent's counsel on the appeal.
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 granted and the court's order dismissing the appeal is vacated, and it is further
ORDERED that the branch of appellant's motion which seeks to disqualify Justin Smiloff, Esq., the SCTPVA prosecutor's office and the Suffolk County Attorney, from acting as respondent's counsel on the appeal is denied, and it is further
ORDERED that the branch of appellant's motion seeking to enlarge the time to perfect the appeal is granted and appellant shall perfect the appeal within 30 days of the date of this order.
ENTER:
Paul Kenny
Chief Clerk