| People of State of New York v Christopher Boria |
| Motion No: 2019-00707 ROCR |
| Slip Opinion No: 2019 NY Slip Op 75064(U) |
| Decided on June 28, 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 Christopher Boria, Appellant. |
Motion by appellant on an appeal from a judgment of conviction of the Justice Court of the Town of Clarkstown, Rockland County, rendered April 3, 2019, to direct the Justice Court to file a court's return without the requirement of including the transcripts of the pretrial proceedings and of the trial, for related relief, and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted only to the extent of enlarging appellant's time to perfect the appeal to September 6, 2019 and is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected by September 6, 2019, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal, on three days' notice, and may serve such application in person.
Contrary to appellant's contention, for an appeal to be properly perfected, the transcripts of the electronically recorded proceedings must be made part of the record and the expense for producing the transcripts must be paid by the defendant (see CPL 460.70 [1]). It is noted that appellant has not sought leave to prosecute the appeal on an abridged record (see Rules of the App Term, 9th & 10th Jud Dists [22 NYCRR] § 732.1 [b] [2]).
ENTER:
Paul Kenny Chief Clerk