| People of State of New York v Nancy Fedoreshenko |
| Motion No: 2024-00359 DCR |
| Slip Opinion No: 2025 NY Slip Op 60353(U) |
| Decided on January 8, 2025 |
| 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
TIMOTHY S. DRISCOLL, J.P.
JERRY GARGUILO
JOSEPH R. CONWAY, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Nancy Fedoreshenko, Appellant. |
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Justice Court of the Town of Poughkeepsie, Dutchess County, rendered March 12, 2024, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking leave to prosecute the appeal as a poor person is granted; and it is further,
ORDERED that the court stenographer shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to appellant and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,
ORDERED that appellant shall serve a copy of the transcript, if any, upon the People, same to be returned upon argument or submission of the appeal; and it is further,
ORDERED that the branch of the motion seeking the assignment of counsel is denied, as appellant was convicted of a traffic infraction and is not subject to incarceration (see People v Garcia, 93 NY2d 42, 46 [1999]; People v Letterio, 16 NY2d 307 [1965]; People v Russo, 149 AD2d 255, 258 [1989]; see also People v Farinaro, 36 NY2d 283 [1975]); and it is further,
ORDERED that on the court's own motion the appellant shall perfect the appeal on or before July 8, 2025; and it is further,
ORDERED that in the event the appeal is not perfected by July 8, 2025 the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may serve such application upon respondent in person.
ENTER:
Paul Kenny
Chief Clerk