| People of State of New York v Kenneth Barsch |
| Motion No: 2022-00168 SCR |
| Slip Opinion No: 2023 NY Slip Op 79111(U) |
| Decided on December 12, 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
ELIZABETH H. EMERSON, J.P.
JERRY GARGULIO
TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Kenneth Barsch, 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 February 22, 2022, to compel the Agency to file the appellate record with this court and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition and response thereto, it is
ORDERED, on the court's own motion, that pursuant to the Uniform District Court Act § 1704, the Rules of the Appellate Terms, Second Department (22 NYCRR) 731.9 (b) (1) and Judiciary Law § 7-a, Jeffrey A. Spinner is directed to file a return with the District Court of Suffolk County, Traffic and Parking Violations Agency forthwith; and it is further,
ORDERED that the District Court of Suffolk County, Traffic and Parking Violations Agency is directed to serve a copy of this decision and order upon Mr. Spinner within 10 days of the date herein; and it is further,
ORDERED that the branch of appellant's motion to compel the Agency to file the court's return with this court is granted, and the record (see 22 NYCRR 731.9 [b] [1]) shall be transferred within 10 days of the filing of the return by Mr. Spinner; and it is further,
ORDERED that the branch of appellant's motion to extend the time to perfect the appeal is granted, and the appeal shall be perfect on or before January 26, 2024.
ENTER:
Paul Kenny
Chief Clerk