| People of State of New York v Julio Fredy Polanco Soto |
| Motion No: 2022-00054 SCR |
| Slip Opinion No: 2022 NY Slip Op 61173(U) |
| Decided on January 27, 2022 |
| 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
JERRY GARGUILO, P.J.
TIMOTHY S. DRISCOLL
HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Julio Fredy Polanco Soto, Appellant. |
On the court's own motion, it is
ORDERED that this appeal from an amended judgment of the Justice Court of Town of East Hampton, Suffolk County, rendered November 3, 2021, 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 (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.
ENTER:
Paul Kenny
Chief Clerk