| People of State of New York v Pingyuan Furlan |
| Motion No: 2019-01038 NCR |
| Slip Opinion No: 2020 NY Slip Op 74019(U) |
| Decided on October 28, 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 Pingyuan Furlan, Appellant. |
Motion by appellant to compel the court to settle the trial transcript; to file a return, and to extend the time to perfect on an appeal from a judgment of conviction of the Justice Court of the Village of Kings Point, Nassau County, rendered June 13, 2019.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branches of appellant's motion to compel settlement of the transcript and compel the court to file a return are denied as moot; and it is further
ORDERED that the branch of appellant's motion to extend the time to perfect the appeal is granted, and the appeal shall be perfected on or before December 29, 2020; and it is further
ORDERED that in the event the appeal is not perfected by December 29, 2020 the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may serve such application upon appellant in person.. No further extensions shall be granted.
The court notes that the return, dated January 7, 2020, was filed with the court on January 22, 2020, wherein the trial judge indicated therein that the minutes were settled. Moreover, inasmuch as the proceedings in the court below were recorded by a court stenographer, an affidavit of errors is unnecessary (People v Smith, 27 NY3d 643, 647-648 [2016]).
ENTER:
Paul Kenny
Chief Clerk