Opinion
Motion No. 2022-00350 SCR
03-16-2023
People of State of New York, Respondent, v. Eric Vandewater, Appellant.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P.J., TIMOTHY S. DRISCOLL, GRETCHEN WALSH, JJ.
ORDER TO SHOW CAUSE
Appeal from a judgment of conviction of the Justice Court of the Village of the Head of the Harbor, Suffolk County, rendered April 15, 2021. Appellant filed an affidavit of errors with the Justice Court which does not address issues to be raised on appeal with that court, but rather the Suffolk County Traffic and Parking Violation Agency.
On the court's own motion, it is
ORDERED that appellant is directed to show cause before this court why the above-entitled appeal should not be dismissed on the ground that the appeal was not properly taken in that a proper affidavit of errors was not filed, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before April 5, 2023, (see People v Smith, 52 Misc.3d 143[A], 2016 NY Slip Op 51218[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]); and it is further, ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties by regular mail.