| People of State of New York v Zachary El Shazly |
| Motion No: 2016-03054 SCR |
| Slip Opinion No: 2019 NY Slip Op 84232(U) |
| Decided on November 4, 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 Zachary El Shazly, Appellant. |
Appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered December 2, 2016. By decision and order on motion dated November 26, 2018, the appeal was stricken from this court's general calendar and appeals calendar and the matter was remitted to the District Court as the trial transcripts had not been included in the record. The record has not been returned to this court.
By order to show cause dated August 12, 2019, the parties were directed to show cause why the appeal should or should not be dismissed for failure to timely perfect.
Upon the order to show cause, and the papers filed by respondent and appellant in response thereto, it is
ORDERED that the motion to dismiss the appeal is denied on condition that the appeal be perfected by January 3, 2020; and it is further,
ORDERED that in the event that the above condition is not met, 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.
To properly perfect the appeal, appellant's new attorney must settle the trial minutes, which have been incorporated into the court's return.
ENTER:
Paul Kenny
Chief Clerk