Opinion
Motion No: 2018-02579 SCR
05-17-2019
The People of the State of New York, Respondent, v. Najd Aljonubi, Appellant.
BRUCE E. TOLBERT
ELIZABETH H. EMERSON, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to enlarge the time to perfect, deemed a motion to vacate dismissal for failure to prosecute an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency District, rendered October 11, 2018, and, upon vacatur, for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it is
ORDERED that appellant's motion to vacate dismissal is granted and the court's February 11, 2019 order dismissing the appeal is hereby vacated; and it is further
ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by July 16, 2019; and it is further
ORDERED that in the event the appeal is not perfected by July 16, 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 in person; and it is further
ORDERED that inasmuch as the affidavit or errors was filed after the appeal was dismissed, appellant shall re-file the affidavit of errors within 15 days of the date of this Decision & Order on Motion.
The court notes that contrary to respondent's contention, the affidavit of errors was not filed late. Pursuant to CPL 460.10 (3)(a), an affidavit of errors must be filed "within sixty days after appellant receives a transcript of the electronically recorded proceedings." Since respondent does not refute appellant's assertion that the full transcript was not received until after March 27, 2019, the affidavit of errors would not have been untimely.
ENTER:
Paul Kenny
Chief Clerk