People of State of New York v Christopher Boria
Motion No: 2019-00707 ROCR
Slip Opinion No: 2019 NY Slip Op 84230(U)
Decided on November 1, 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.


Appellate Term of the Supreme Court

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

2019-707 RO CR
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, for leave to reargue the branch of his prior motion seeking 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, which prior motion was determined by decision and order of this court on June 28, 2019, 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 the branch of the motion seeking reargument is denied; and it is further,

ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and appellant's time to perfect the appeal is enlarged to November 1, 2019; and it is further,

ORDERED that in the event the appeal is not perfected by November 1, 2019, the court, on its own motion, may dismiss the appeal or respondent may move to dismiss the appeal, on three days' notice.

ENTER:

Paul Kenny

Chief Clerk