| People of State of New York v Robert Mazzone |
| Motion No: 2017-02387 SCR |
| Slip Opinion No: 2019 NY Slip Op 78752(U) |
| Decided on August 26, 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 Robert Mazzone, Appellant. 15-050864, 15-050865, 15-050868, 15-050869, 15-050871 |
Motion by appellant on an appeal from a judgment of conviction of the Justice Court of the Town of Southampton, Suffolk County, rendered November 1, 2017, for leave to submit the appeal on an abridged record, for an enlargement of time to perfect the appeal and to direct the Justice Court to file a court's return. Cross motion by respondent to dismiss the appeal for failure to perfect.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that leave to prosecute the appeal as a poor person is granted; 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 by December 6, 2019; and it is further,
ORDERED that in the event the appeal is not perfected by December 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; and it is further,
ORDERED that the branches of appellant's motion seeking to submit the appeal on an abridged record and to direct the Justice Court to file a court's return, and the cross motion are denied; and it is further,
ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to appellant's attorney; and it is further,
ORDERED that appellant's attorney shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,
ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide appellant's attorney with a copy of the presentence report, if any, prepared in connection with appellant's sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.
ENTER:
Paul Kenny
Chief Clerk