| People of State of New York v Steven D. Navon |
| Motion No: 2019-01228 SCR |
| Slip Opinion No: 2022 NY Slip Op 76449(U) |
| Decided on December 20, 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.
ELIZABETH H. EMERSON
TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Steven D. Navon, Appellant. |
Motion by appellant for an order granting summary reversal and vacating the conviction on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered June 10, 2019. Separate motion to continue the stay in effect.
Upon the papers filed in support of the motions and the papers having been filed in opposition thereto, it is
ORDERED that, on the court's own motion, the motions are consolidated for purposes of disposition; and it is further,
ORDERED that the motion for summary reversal is granted only to the extent that the matter is remitted to the Agency to determine if the minutes of the April 17, 2019 arraignment are available and, if not, for a reconstruction hearing concerning those proceedings; if the minutes are available or if the minutes are not available and cannot be reconstructed the Agency shall issue a report to this Court with all convenient speed; and it is further,
ORDERED that, if the minutes can be reconstructed, the appellant is directed to serve and file the transcript of the reconstruction hearing within 15 days of the hearing; and it is further,
ORDERED that the motion to continue the stay on the appeal is granted and appellant shall perfect the appeal within 45 days after the conclusion of the reconstruction hearing or issuance of the report; the parties shall notify this Court, in writing, via email at [email protected] when the reconstruction hearing has concluded or any report issued.
Driscoll, J., taking no part.
ENTER:
Paul Kenny
Chief Clerk