| People of State of New York v Anthony Desabato |
| Motion No: 2018-01930 SCR |
| Slip Opinion No: 2019 NY Slip Op 74592(U) |
| Decided on June 24, 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
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Anthony Desabato, Appellant. |
Motion by appellant to enlarge the time to perfect on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency District, rendered June 26, 2018, deemed a motion to vacate dismissal, as the appeal was dismissed for failure to prosecute on May 13, 2019.
Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it is
ORDERED that the motion, in effect, to vacate dismissal is granted on condition that appellant obtain and settle the minutes to all proceedings before the District Court of Suffolk County, Traffic and Parking Violations Agency District not previously transcribed on or before August 23, 2019; and it is further
ORDERED that the District Court of Suffolk County, Traffic and Parking Violations Agency District shall turn over copies of recordings to all proceedings not previously transcribed within 10 days of the date of this Decision & Order on Motion; and its is further
ORDERED that the motion for an enlargement is held in abeyance pending vacatur of the dismissal.
ENTER:
Paul Kenny
Chief Clerk