People of State of New York v Scott Pollack
Motion No: 2020-00132 WCR
Slip Opinion No: 2020 NY Slip Op 64326(U)
Decided on February 24, 2020
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

2020-132 W CR
The People of the State of New York, Respondent, v Scott Pollack, Appellant.

On the court's own motion, it is

ORDERED that this appeal from a judgment of conviction of the Justice Court of the Town of Greenburgh, Westchester County, rendered November 8, 2019, is stricken from the general calendar.

The notice of appeal in this matter is jurisdictionally defective in that it fails to designate the court to which the appeal is taken or the judgment being appealed (see CPLR 5515 [1]; Matter of Long Is. Pine Barrens Socy., Inc v Central Pine Barrens Joint Planning & Policy Commn., 113 AD3d 854 [2014]). Appellant's remedy, if he be so advised, is to move in the Justice Court to amend the notice of appeal to state that the appeal is taken to the Appellate Term for the Ninth and Tenth Judicial Districts, and specifically identify the judgment being appealed. The notice of appeal must be re-served and filed.

ENTER:

Paul Kenny

Chief Clerk