| People of State of New York v Melissa Leon |
| Motion No: 2015-02594 SCR |
| Slip Opinion No: 2017 NY Slip Op 87857(U) |
| Decided on September 28, 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 Melissa Leon, 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 September 17, 2015, to compel the District Court to file a return on an affidavit of errors. Cross motion by respondent to dismiss the appeal for failure to timely file the affidavit of errors. By decision and order on motion of this court dated March 6, 2017, an application by appellant, in effect, for a writ of error coram nobis for an extension of time to file an affidavit of errors was granted and appellant's time to file an affidavit of errors was extended 30 days from the date of the decision and order on motion.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition to the cross motion thereto, it is
ORDERED that the motion is denied as academic; and it is further,
ORDERED that the cross motion is granted and the appeal is dismissed, as the affidavit of errors was not timely filed in the District Court.
ENTER:
Paul Kenny
Chief Clerk