Opinion
Motion No: 2017-02163 SCR
05-17-2019
The People of the State of New York, Respondent, v. Alexander D. Zelaya, Appellant.
JERRY GARGUILO
ELIZABETH H. EMERSON, JJ.
ORDER TO SHOW CAUSE
Motion by appellant to vacate an order of this court dated December 10, 2018, which dismissed an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered October 24, 2017, to compel the filing of a return, and for an enlargement of time to perfect the appeal. Separate motion by respondent for an enlargement of time to serve and file opposition to appellant's motion.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for the purposes of disposition; and it is further,
ORDERED, on the court's own motion, that the parties show cause before this court why the above-entitled appeal should or should not remain dismissed on the ground that the appeal was not properly taken in that an affidavit of errors was not filed within 60 days after appellant received the transcript of the electronically recorded proceedings, as required by CPL 460.10 (3) (a), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before June 10, 2019; 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; and it is further,
ORDERED that appellant's motion and respondent's motion are held in abeyance in the interim.
ENTER:
Paul Kenny
Chief Clerk