| People of State of New York v David S. Gardner |
| Motion No: 2016-01307 SCR |
| Slip Opinion No: 2017 NY Slip Op 79611(U) |
| Decided on July 7, 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, Plaintiff, v David S. Gardner, Defendant. |
Appeal from two judgments of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered January 26, 2016. By decision and order on motion of this court dated August 25, 2016, defendant's motion to extend his time to file notices of appeal and affidavits of errors was granted and defendant's time was extended 30 days from the date of that decision and order on motion. By order to show cause dated February 15, 2017, defendant was directed to show cause why the appeal should not be dismissed on the ground that the appeal was not properly taken in that no affidavit of errors had been filed. By decision and order on motion of this court dated May 25, 2017, a motion by defendant, in effect, pursuant to CPL 460.30, for a second extension of time to take an appeal from the judgment of conviction was denied.
Now, upon the order to show cause and upon this court's decision and order on motion dated May 25, 2017 denying defendant's motion for a second extension of time to take an appeal, 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]).
ENTER:
Paul Kenny
Chief Clerk