Opinion
Motion No: 2015-01937 ORCR
08-31-2016
The People of the State of New York, Respondent, v. Barry Adelman, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
ORDER TO SHOW CAUSE
Motion by appellant pro se on an appeal from a judgment of conviction of the Justice Court of the Village of Goshen, Orange County, rendered June 24, 2015, for summary reversal, in effect to compel the Justice Court to file the record on appeal with this court, and for related relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the parties show cause before this court why the above-entitled appeal should or should not be dismissed on the ground that the appeal was not properly taken in that the trial proceedings were recorded electronically and no affidavit of errors was filed, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before September 23, 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; and it is further,
ORDERED that appellant's motion is held in abeyance in the interim.
In People v Smith (___ NY3d ___, 2016 NY Slip Op 04973 [2016]), the Court of Appeals held that, for the purpose of taking an appeal, a record made from a mechanical recording is not the equivalent of a record made by a court stenographer and that an affidavit of errors is required for such an appeal to be properly taken. Appellant, if so advised, may apply for a writ of error coram nobis seeking an extension of time to file an affidavit of errors (see People v Smith, __ Misc 3d ___[A], 2016 NY Slip Op 51218[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]).
ENTER:
Paul Kenny
Chief Clerk