| People of State of New York v Stuart Sklar |
| Motion No: 2015-02626 SCR |
| Slip Opinion No: 2018 NY Slip Op 69185(U) |
| Decided on March 29, 2018 |
| 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 Stuart Sklar, Appellant. |
Appeal from a judgment of conviction of the Justice Court of the Village of Islandia, Suffolk County, rendered May 14, 2015. By order to show cause dated December 5, 2016, appellant was directed either to show cause before this court why the above-entitled appeal should not be dismissed on the ground that the appeal was not properly taken in that no affidavit of errors was filed, or, if so advised, to move in this court for a writ of error coram nobis for an extension of time to file an affidavit of errors. Appellant responded to the order to show cause only by filing an affidavit of errors in the Justice Court without having applied for an extension of time to do so.
On the court's own motion, it is
ORDERED that appellant's time to move in this court for a writ of error coram nobis for an extension of time to file an affidavit of errors (see People v Smith, 52 Misc 3d 143[A], 2016 NY Slip Op 51218[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]) is extended 30 days from the date of this decision and order on motion; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order on motion on the parties by regular mail.
Appellant is advised that his failure to comply with the above procedure will result in the dismissal of the appeal.
ENTER:
Paul Kenny
Chief Clerk