People of State of New York v Joseph Marconi
Motion No: 2018-00846 WCR
Slip Opinion No: 2019 NY Slip Op 63313(U)
Decided on February 4, 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th Judicial Districts

THOMAS A. ADAMS, P.J.

TERRY JANE RUDERMAN

ELIZABETH H. EMERSON, JJ.

DECISION & ORDER ON MOTION

2018-00846 W CR
The People of the State of New York, Respondent, v Joseph Marconi, Appellant.

Motion by appellant to enlarge the time to perfect, deemed a motion to vacate dismissal for failure to prosecute, on an appeal from a judgment of conviction of the City Court of Mount Vernon , Westchester County, rendered June 29, 2017.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted and the court's order of November 13, 2018 is vacated, and it is further,

ORDERED that appellant's motion to enlarge the time to perfect the appeal is granted and the appeal shall be perfected on or before March 15, 2019, and it is further

ORDERED that in the event the appeal is not perfected by March 15, 2019, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.

ENTER:

Paul Kenny

Chief Clerk