People v. Adelman

Full title: The People of the State of New York, Respondent, v. Barry Adelman…

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Jul 20, 2017

2017 N.Y. Slip Op. 81132 (N.Y. App. Term 2017)

Opinion

Motion No: 2015-01937 ORCR

07-20-2017

The People of the State of New York, Respondent, v. Barry Adelman, Appellant.

ANTHONY MARANO, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

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, or, in the alternative, in effect, to compel the Justice Court to file the record on appeal with this court, for an enlargement of time to perfect the appeal, and for the imposition of sanctions against the Village of Goshen Justice Court and Village Attorney David Donovan. By order to show cause dated August 31, 2016, the parties were directed to show cause before this court why the 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, and appellant's motion was held in abeyance in the interim. By decision and order on application dated December 15, 2016, appellant's application for a writ of error coram nobis for an extension of time to file an affidavit of errors was granted. An affidavit of errors has now been filed, and it and the court's return have been transmitted to this court.

Now, on the papers filed in support of appellant's motion and the papers filed in opposition thereto, and upon the order to show cause, it is

ORDERED that the motion to dismiss the appeal and the branches of appellant's motion seeking summary reversal and the imposition of sanctions against the Village of Goshen Justice Court and Village Attorney David Donovan are denied; and it is further,

ORDERED that the branch of appellant's motion seeking, in effect, to compel the Justice Court to file the record on appeal with this court is denied as moot; and it is further,

ORDERED that the branch of appellant's motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by October 6, 2017.

ENTER:

Paul Kenny

Chief Clerk