| People of State of New York v Michael J. Ballard |
| Motion No: 2017-01723 SCR |
| Slip Opinion No: 2018 NY Slip Op 80032(U) |
| Decided on July 30, 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 Michael J. Ballard, Appellant. |
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Justice Court of the Town of Shelter Island, Suffolk County, rendered August 21, 2017, as a poor person, and for the assignment of counsel. Separate motion by appellant to continue a stay of execution of the sentence which was granted by the Supreme Court, Suffolk County, on August 25, 2017. By order to show cause dated November 22, 2017, appellant was directed either to show cause before this court why the 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 make a motion in this court pursuant to CPL 460.30 for an extension of time to file an affidavit of errors. By decision and order on motion dated February 7, 2018, appellant's time to move for an extension was extended and appellant's motions were held in abeyance in the interim. By decision and order on motion dated May 4, 2018, appellant's motion, pursuant to CPL 460.30, for an extension of time to take an appeal was granted and appellant's time to file an affidavit of errors in the Justice Court was extended 30 days from the date of that decision and order on motion. This court has been advised that appellant failed to file the affidavit of errors.
Upon the order to show cause and the papers filed by appellant in response thereto, and upon the papers filed in support of appellant's motions and the papers filed in opposition to appellant's motion for leave to prosecute the appeal as a poor person and in relation to appellant's motion for an extension of time to file an affidavit of errors, it is
ORDERED that the motion to dismiss the appeal as improperly taken is granted, and the appeal is dismissed (see CPL 460.10 [3]; People v Smith, 27 NY3d 643 [2016]); and it is further,
ORDERED that appellant's motions for leave to prosecute the appeal as a poor person and to continue the stay are denied as academic.
ENTER:
Paul Kenny
Chief Clerk