| People of State of New York v Vincent Dandria |
| Motion No: 2017-01985 SCR |
| Slip Opinion No: 2019 NY Slip Op 62110(U) |
| Decided on January 25, 2019 |
| 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
THOMAS A. ADAMS, P.J.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Vincent Dandria, Appellant. |
On the court's own motion, it is
ORDERED that the above-entitled appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered September 14, 2017, is stricken from the appeals calendar and the general calendar on the ground that the appeal has not been properly perfected.
Inasmuch as appellant, in his brief on appeal, has relied extensively on transcripts which have not been made part of the record on appeal, and as this appeal was not taken until appellant filed an affidavit of errors on October 27, 2017 (see CPL 460.10 [3]), perfection of the appeal requires that the "[e]lectronically recorded proceedings . . . be transcribed and filed with the [District Court] as directed by the chief administrator of the courts" (CPL 460.70 [1]). Accordingly, to be properly settled, the record must include the settled transcripts of appellant's pretrial appearances and trial in the District Court.
ENTER:
Paul Kenny
Chief Clerk