Opinion
Motion No. 2022-00168 SCR
12-12-2023
Unpublished Opinion
MOTION DECISION
ELIZABETH H. EMERSON, J.P. JERRY GARGULIO, TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered February 22, 2022, to compel the Agency to file the appellate record with this court and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition and response thereto, it is
ORDERED, on the court's own motion, that pursuant to the Uniform District Court Act § 1704, the Rules of the Appellate Terms, Second Department (22 NYCRR) 731.9 (b) (1) and Judiciary Law § 7-a, Jeffrey A. Spinner is directed to file a return with the District Court of Suffolk County, Traffic and Parking Violations Agency forthwith; and it is further, ORDERED that the District Court of Suffolk County, Traffic and Parking Violations Agency is directed to serve a copy of this decision and order upon Mr. Spinner within 10 days of the date herein; and it is further, ORDERED that the branch of appellant's motion to compel the Agency to file the court's return with this court is granted, and the record (see 22 NYCRR 731.9 [b] [1]) shall be transferred within 10 days of the filing of the return by Mr. Spinner; and it is further, ORDERED that the branch of appellant's motion to extend the time to perfect the appeal is granted, and the appeal shall be perfect on or before January 26, 2024.