| People of State of New York v Wayne Breighner |
| Motion No: 2022-00700 SCR |
| Slip Opinion No: 2024 NY Slip Op 73986(U) |
| Decided on September 5, 2024 |
| 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.
JAMES P. McCORMACK
GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Plaintiff, v Wayne Breighner, Defendant. |
Motion by defendant for an order assigning a Civil Appeal Index Number to a notice of appeal, dated August 31, 2022, from an order of the District Court of Suffolk County, Traffic and Parking Violations Agency, dated August 22, 2022, 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 thereto, it is
ORDERED, on the court's own motion, that the decision and order dated December 19, 2022 denying defendant's application for a certificate granting leave to appeal to this court from the August 22, 2022, order is vacated, that application is deemed a timely notice of appeal from the August 22, 2022 order, and the application is denied as moot; and it is further,
ORDERED, on the court's own motion, that the appeal shall be perfected on or before November 8, 2024; and it is further,
ORDERED that the instant motion is denied as moot.
McCormack, J., taking no part.
ENTER:
Paul Kenny
Chief Clerk