| People of State of New York v Richard Kelly |
| Motion No: 2015-01354 SCR |
| Slip Opinion No: 2019 NY Slip Op 72975(U) |
| Decided on June 7, 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.
BRUCE E. TOLBERT
ELIZABETH H. EMERSON, JJ.
ORDER TO SHOW CAUSE
| The People of the State of New York, Respondent, v Richard Kelly, Appellant. |
Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency District, rendered April 7, 2015, to compel the trial court to file a return on the Affidavit of Errors and to file the record with this court.
Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the parties show cause before this court why the above-entitled appeal should or should not be dismissed on the ground that the appeal was not properly taken in that an affidavit of errors was not filed within 60 days after appellant received the transcript of the electronically recorded proceedings, as required by CPL 460.10 (3) (a), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before July 12, 2019; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties by regular mail; and it is further,
ORDERED that appellant's motion is held in abeyance in the interim.
ENTER:
Paul Kenny
Chief Clerk