| People of State of New York v Michael J. Ballard |
| Motion No: 2017-01723 SCR |
| Slip Opinion No: 2018 NY Slip Op 86292(U) |
| Decided on October 10, 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, in effect, to recall and vacate so much of a decision and order on motion of this court dated July 30, 2018 as granted a court's own motion to dismiss, as improperly taken, an appeal from a judgment of conviction of the Justice Court of the Town of Shelter Island, Suffolk County, rendered August 21, 2017, and for an extension of time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking, in effect, to recall and vacate the above-stated portion of the decision and order on motion of this court dated July 30, 2018 is granted, that portion of the decision and order on motion of this court dated July 30, 2018 is recalled and vacated, and the appeal is reinstated; and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by January 4, 2019.
ENTER:
Paul Kenny
Chief Clerk