Opinion
Decided and Entered: July 19, 2001.
Appeal from an order of the County Court of Ulster County (Bruhn, J.), entered May 8, 2000, which affirmed a judgment of the City Court of the City of Kingston denying defendants' motion to dismiss the charges against them.
Riseley Ball (Lawrence E. Ball of counsel), Kingston, for appellants.
Donna K. Hintz, Corporation Counsel, Kingston, for respondent.
Before: Mercure, J.P., Crew III, Peters, Carpinello and, Rose, JJ.
MEMORANDUM AND ORDER
Defendants were charged with violating Kingston City Code § 300-5 (B) (6) on two separate occasions by unlawfully loading and unloading a vehicle during restricted times. Defendants moved before the City Court of the City of Kingston, Ulster County, for dismissal of the charges and for an order declaring Kingston City Code § 300-5 (B) (6) unconstitutional. City Court denied defendants' motion and defendants appealed to County Court which affirmed City Court's judgment. Defendants thereafter appealed to this Court.
On December 16, 1999, such section was amended by Local Law 2-2000, approved January 3, 2000, currently codified at Kingston City Code § 300-5 (A) (6).
Pursuant to CPL 450.60 (3), County Court was the only intermediate appellate court to which defendants' appeal could be taken (see, Town of Coeymans v. Malphrus, 76 A.D.2d 1002). Its disposition could be further reviewed by the Court of Appeals upon a certificate issued by one of its Judges (see, CPL 450.90; 460.20 [2] [b]). Since no certificate has been issued and the time for application has expired (see, CPL 460.10), no transfer by this Court is required (see, N Y Const, art VI, § 5 [b]). Lacking jurisdiction to review this matter, we dismiss the appeal.
Mercure, J.P., Crew III, Carpinello and Rose, JJ., concur.
ORDERED that the appeal is dismissed.