| People of State of New York v Marcella L. Flierl |
| Motion No: 2020-00240 SCR |
| Slip Opinion No: 2020 NY Slip Op 73211(U) |
| Decided on October 13, 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. |
of the State of New York for the 9th & 10th Judicial Districts
THOMAS A. ADAMS, P.J.
JERRY GARGUILO
ELIZABETH H. EMERSON, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Marcella L. Flierl, Appellant. |
Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered December 6, 2019, to: vacate an Order of Dismissal dated August 12, 2020; compel the court to settle the minutes and file a return to the affidavit of errors; and to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it is
ORDERED that the motion to vacate dismissal is granted and the court's August 12, 2020 Order of Dismissal is vacated; and it is further
ORDERED that the motion to compel settlement of the minutes is granted, and the minutes shall be settled by the trial court within 14 days of the date of this Decision & Order on Motion; and it is further,
ORDERED that the motion to compel the filing of a return is denied without prejudice; and it is further
ORDERED that the motion for an extension of time to perfect the appeal is granted on condition that appellant file an affidavit of errors that complies with CPL § 410.60 (3) within 21 days of the date of this Decision & Order on Motion, and on further condition that the appeal be perfected on or before November 30, 2020; and it is further
ORDERED that in the event that either 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.
Appellant's affidavit of errors is insufficient and does not enable the trial court to adequately comply with CPL § 410.60 (3) (d), that is, to "set forth or summarize evidence, facts or occurrences in or adduced at the proceedings resulting in the judgment, sentence or order, which constitute the factual foundation for the contentions alleged in the affidavit of errors.
ENTER:
Paul Kenny
Chief Clerk