| People of State of New York v Andrew Schlagler |
| Motion No: 2016-01645 ORCR |
| Slip Opinion No: 2019 NY Slip Op 69301(U) |
| Decided on April 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 Andrew Schlagler, Appellant. |
Motion by respondent to strike the appellant's brief on an appeal from a judgment of conviction of the City Court of Middletown, Orange County, rendered May 20, 2016, or, in effect, for alternative relief. A review of the record indicated that the pretrial proceedings had been electronically recorded and no affidavit of errors had been filed. By order to show cause dated December 10, 2018, appellant was directed either 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 (see People v Smith, 52 Misc 3d 143[A], 2016 NY Slip Op 51218[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]), and the motion by respondent to strike the appellant's brief was held in abeyance in the interim.
Upon the order to show cause and no papers having been filed in response thereto, and upon the motion to strike the appellant's brief and no papers having been filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,
ORDERED that the motion to strike the appellant's brief is denied as academic.
ENTER:
Paul Kenny
Chief Clerk