| People of State of New York v Andrew J. Garcia |
| Motion No: 2018-01116 SCR |
| Slip Opinion No: 2019 NY Slip Op 69294(U) |
| Decided on April 22, 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 Andrew J. Garcia, Appellant. |
Motion by appellant to vacate an order of this court dated February 11, 2019, which dismissed an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered April 27, 2018, to compel the District Court, pursuant to CPL 460.10 (3), to file a return, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to vacate the order of this court dated February 11, 2019 is granted on condition that appellant files an affidavit of errors bearing the correct agency case number within 14 days of the date of this decision and order on motion; and it is further,
ORDERED that the branch of the motion seeking to compel the District Court to file a return is 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 within 45 days after the filing of the court's return.
ENTER:
Paul Kenny Chief Clerk