| People of State of New York v Jose Bautista |
| Motion No: 2017-02228 SCR |
| Slip Opinion No: 2019 NY Slip Op 69118(U) |
| Decided on April 19, 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 Jose Bautista, Appellant. |
Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency (TPVA), rendered October 10, 2017, to punish Brendan McIntyre, a clerk at the TPVA, and Paul Margiotta, the executive director of the TPVA, for contempt for failing to comply with a decision and order on motion of this court dated December 10, 2018 directing the TPVA to transfer the file to this court, and for an enlargement of time to perfect the appeal. Cross motion by respondent to dismiss the appeal for failure to perfect.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to punish for contempt and the cross motion are denied; 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 June 17, 2019; and it is further,
ORDERED that in the event the appeal is not perfected by June 17, 2019, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss on three days' notice, and may serve such application in person.
Unless appellant is granted leave to appeal on an abridged record, the record must include the settled transcripts of appellant's pretrial appearances and trial.
ENTER:
Paul Kenny Chief Clerk