| People of State of New York v Andrew Marino |
| Motion No: 2020-00595 SCR |
| Slip Opinion No: 2021 NY Slip Op 63888(U) |
| Decided on March 24, 2021 |
| 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
TERRY JANE RUDERMAN, P.J.
ELIZABETH H. EMERSON
TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Andrew Marino, Appellant. |
Appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency District, rendered January 15, 2020. Appellant moves for an order: 1) compelling the Agency to accept his Affidavit of Errors, deemed by this court as a motion to file a late Affidavit of Errors; 2) directing the Agency to produce the record on appeal; and 3) for an extension of 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 branch of the motion to compel acceptance of the Affidavit of Errors, deemed a motion to file a late Affidavit of Errors, is granted on condition the Affidavit of Errors is properly served and filed on or before April 9, 2021; and it is further
ORDERED that the motion for an extension of time to perfect the appeal is granted on condition the appeal is perfected on or before May 7, 2021; and it is further
ORDERED that in the event that either of the above conditions are not met, 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 the appellant in person; and it is further
ORDERED that the motion to compel the Agency to "transmit" the record on appeal to the Appellate Term is granted, and the record shall be transmitted within 10 days of service upon the Agency of the Affidavit of Errors by the appellant.
ENTER:
Paul Kenny
Chief Clerk