Opinion
Motion No: 2018-01930 SCR
07-25-2019
The People of the State of New York, Respondent, v. Anthony Desabato, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to enlarge the time to perfect on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered June 26, 2018, deemed a motion to vacate dismissal, as the appeal was dismissed for failure to prosecute on May 13, 2019. By Decision & Order on Motion dated June 24, 2019, this court granted the motion to vacate on condition that appellant obtain and settle the minutes to all proceedings before the District Court of Suffolk County, Traffic and Parking Violations Agency not previously transcribed on or before August 23, 2019; and the Agency was directed to turn over copies of recordings to all proceedings not previously transcribed within 10 days. The motion for an enlargement of time to perfect the appeal was held in abeyance.
Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, and a complete record having been transmitted to the court, it is
ORDERED that the motion for an enlargement is granted, and the appeal shall be perfected on or before September 13, 2019; and it is further
ORDERED that in the event the appeal is not perfected by September 13, 2019, the court, on its own motion, may dismiss the appeal, or the respondent may move, on three days' notice to dismiss the appeal, and may serve the application upon appellant in person.
ENTER:
Paul Kenny
Chief Clerk