People of State of New York v Christian Diez
Motion No: 2019-01227 WCR
Slip Opinion No: 2019 NY Slip Op 87192(U)
Decided on December 23, 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

2019-01227 W CR
The People of the State of New York, Respondent, v Christian Diez, Appellant.

Motion by appellant to vacate an order of this court dated October 15, 2019, which dismissed an appeal from a judgment of conviction of the Justice Court of the Town of Greenburgh, Westchester County, rendered June 28, 2019.

Upon the papers filed in support of the motion and the papers filed in response thereto, it is

ORDERED that the motion is granted and this court's October 15, 2019 order is vacated; and it is further,

ORDERED on the court's own motion, that appellant's time to perfect the appeal is enlarged to March 27, 2020; and it is further,

ORDERED that in the event the appeal is not perfected by March 27, 2020, 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