People of State of New York v Michael Wiles
Motion No: 2021-00732 SCR
Slip Opinion No: 2022 NY Slip Op 76431(U)
Decided on December 19, 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th Judicial Districts

JERRY GARGUILO, P.J.

ELIZABETH H. EMERSON

TIMOTHY S. DRISCOLL, JJ.

DECISION & ORDER ON MOTION

2021-732 S CR
The People of the State of New York, Respondent, v Michael Wiles, 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 October 22, 2021, to compel the Agency to file the record on appeal with this court.

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 seeking to compel the Agency to file the return with this court is granted and the return shall be filed within ten days of the date of this decision and order on motion; and it is further,

ORDERED that on the court's own motion, appellant's time to perfect the appeal is hereby enlarged and appellant shall perfect the appeal on or before January 31, 2022; and it is further,

ORDERED that in the event the appeal is not perfected by January 31, 2022, the court, on its own motion may dismiss the appeal, without further notice, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person; and it is further,

ORDERED that the briefs be filed by uploading a digital copy of the brief, with proof of service, onto the court's digital portal, Records, Briefs & Motions Drop Off, found on the court's website at:https://nycourts.sharepoint.com/sites/AT2-DCS/SitePages/Home.aspx, and, pursuant to 22 NYCRR 731.7, by mail or in person.

Driscoll, J., taking no part.

ENTER:

Paul Kenny

Chief Clerk