Opinion
Motion No: 2017-02245 ROCR
11-04-2019
The People of the State of New York, Respondent, v. Darlene Miller, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of conviction of the Justice Court of the Village of South Nyack, Rockland County, rendered October 25, 2017. By decision and order on motion dated July 18, 2018, the appeal was stricken from the general calendar and the appeals calendar and the matter remitted to the Justice Court for settlement of certain transcripts. By order to show cause dated August 15, 2019, the parties were directed to show cause why the appeal should or should not be dismissed for failure to timely perfect. The record has now been returned to this court.
Now, upon the order to show cause, and the papers filed in response thereto by appellant and respondent, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the appeal shall be perfected by December 6, 2019; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 6, 2019, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal, on three days' notice, and may serve such application on person; and it is further,
ORDERED that respondent shall have 14 days from the service of the appellant's brief to serve and file a respondent's brief; and it is further,
ORDERED that appellant shall have seven days from the service of the respondent's brief to serve and file a reply brief.
ENTER:
Paul Kenny
Chief Clerk