| People of State of New York v Diane M. Fitzgerald |
| Motion No: 2015-01990 SCR |
| Slip Opinion No: 2018 NY Slip Op 89133(U) |
| Decided on November 13, 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 Diane M. Fitzgerald, Appellant. |
Appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered July 16, 2015. By order to show cause dated September 6, 2018, appellant was directed 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 move in this court for a writ of error coram nobis for an extension of time to file an affidavit of errors. Appellant has now, in effect, moved for a writ of error coram nobis extending her time to file an affidavit of errors.
Upon the order to show cause, and upon papers filed in support of appellant's motion and no papers having been filed in opposition thereto, it is
ORDERED that appellant's motion and the motion to dismiss are consolidated for the purposes of disposition; and it is further,
ORDERED that appellant's motion is granted and appellant's time to file an affidavit of errors is extended 30 days from the date of this decision and order on motion (see People v Smith, 2016 NY Slip Op 83072[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]); and it is further,
ORDERED that the motion to dismiss the appeal is denied.
Appellant is advised that the affidavit of errors must be filed in the court from which the appeal is being taken.
ENTER:
Paul Kenny
Chief Clerk