| People of State of New York v Jose Morales |
| Motion No: 2018-00352 SCR |
| Slip Opinion No: 2019 NY Slip Op 75372(U) |
| Decided on July 11, 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
ELIZABETH H. EMERSON, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Jose Morales, Appellant. |
Motion by appellant, in effect, to vacate an order of this court dated May 13, 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 February 14, 2018, to compel the filing of a return, and for an enlargement of 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 appellant's application, in effect, for a writ of error coram nobis for an extension of time to file an affidavit of errors is granted and appellant's time to file an affidavit of errors is extended 30 days from the date of this decision and order on motion; and it is further,
ORDERED that the branch of appellant's motion seeking to vacate this court's order of dismissal dated May 13, 2019 is granted on condition appellant file an affidavit of errors within 30 days from the date of this decision and order on motion; and it is further,
ORDERED that the branch of appellant's motion seeking to compel the filing of a return is denied as premature; and it is further,
ORDERED that the branch of appellant's motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected on or before September 6, 2019; 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.
ENTER:
Paul Kenny
Chief Clerk