| People of State of New York v Jack J. Cucceraldo |
| Motion No: 2018-00126 SCR |
| Slip Opinion No: 2018 NY Slip Op 78226(U) |
| Decided on July 12, 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 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. By order to show cause dated May 2, 2018, the parties were directed to show cause before this court why the appeal should or should not be dismissed on the ground that the appeal was not properly taken in that appellant had failed to settle the transcripts of the electronically recorded proceedings, and appellant's application for an enlargement was held in abeyance in the interim.
Upon the papers filed in support of appellant's application, and upon the order to show cause and the papers filed by appellant and respondent in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed unless within 45 days of the date of this decision and order on motion appellant procures the settlement of the transcripts; and it is further,
ORDERED that in the event that appellant timely procures the settlement of the transcripts, appellant's application for an enlargement of time to perfect the appeal is granted and appellant's time to perfect is enlarged to 65 days from the date of this decision and order on motion; and it is further,
ORDERED that in the event that appellant fails to timely procure the settlement of the transcripts, appellant's application is denied as academic.
ENTER:
Paul Kenny
Chief Clerk