| People of State of New York v Ronald Ransom |
| Motion No: 2016-00416 NCR |
| Slip Opinion No: 2018 NY Slip Op 90579(U) |
| Decided on December 3, 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 Ronald Ransom, Appellant. |
Appeal from judgments of conviction of the Justice Court of the Village of Hempstead, Nassau County, rendered December 30, 2015. By order to show cause dated September 21, 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, applied for a writ of error coram nobis extending his time to file an affidavit of errors and to reinstate and continue a stay granted by decision and order on motion of this court dated April 29, 2016.
Upon the order to show cause, and upon the papers filed in support of appellant's application and no papers having been filed in opposition thereto, it is
ORDERED that appellant's application and the motion to dismiss are consolidated for the purposes of disposition; and it is further,
ORDERED that the application is granted, 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 the stay of the execution of the judgment is reinstated and continued pending the determination of the appeal on condition that the appeal be perfected by February 1, 2019; and it is further,
ORDERED that in the event the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay, on three days' notice; and it is further,
ORDERED that the motion to dismiss the appeal is denied.
It is noted that appellant must file the affidavit of errors in the Justice Court.
ENTER:
Paul Kenny
Chief Clerk