| People of State of New York v Jack J. Cucceraldo |
| Motion No: 2018-00126 SCR |
| Slip Opinion No: 2018 NY Slip Op 72252(U) |
| Decided on May 2, 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.
ORDER TO SHOW CAUSE
| The People of the State of New York, Respondent, v Jack J. Cucceraldo, Appellant. |
Application by appellant for an enlargement of time to perfect an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered December 6, 2017.
On the court's own motion, it is
ORDERED that the parties show cause before this court why the above-entitled appeal should or should not be dismissed on the ground that the appeal was not properly taken, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before May 25, 2018; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties by regular mail; and it is further,
ORDERED that appellant's application is held in abeyance in the interim.
Contrary to appellant's counsel's claim that the appeal was taken solely by affidavit of errors, a notice of appeal was timely filed on December 20, 2017 and the affidavit of errors was filed on February 23, 2018. In these circumstances, appellant was required to obtain a transcript of the electronically recorded proceedings (see CPL 460.10 [3] [a]) and has not done so.
ENTER:
Paul Kenny
Chief Clerk