| People of State of New York v Eric Vandewater |
| Motion No: 2022-00350 SCR |
| Slip Opinion No: 2023 NY Slip Op 67918(U) |
| Decided on May 25, 2023 |
| 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 Eric Vandewater, Appellant. |
Appeal from a judgment of conviction of the Justice Court of the Village of the Head of the Harbor, Suffolk County, rendered April 15, 2021.
In an order to show cause dated March 16, 2023, appellant was directed to show cause before this court why the above-entitled appeal should not be dismissed on the ground that the appeal was not properly taken in that a proper affidavit of errors was not filed, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before April 5, 2023 (see People v Smith, 52 Misc 3d 143[A], 2016 NY Slip Op 51218[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]); and appellant having filed an affirmation in opposition to the order to show cause, it is hereby
ORDERED that the order to show cause is denied; and it is further
ORDERED that the corrected affidavit of errors annexed to appellant's affirmation in opposition is deemed served and filed; and it is further
ORDERED that Ellen D. Fishkin is directed to settle the transcript and file a return with the Justice Court of the Village of Head of the Harbor within 10 days of the date of this decision and order on motion.
ENTER:
Paul Kenny
Chief Clerk