Opinion
Motion No. 2022-00370 SCR
12-20-2022
The People of the State of New York, Respondent, v. Wayne Breighner, Appellant.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P. J. ELIZABETH H. EMERSON TIMOTHY S. DRISCOLL, J.J.
DECISION & ORDER ON MOTION
Motion by appellant for leave to reargue so much of decision and order of this court dated October 4, 2022 as, on the court's own motion, dismissed as untimely the appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered March 2, 2022. Separate motion by respondent for permission to file late opposition to appellant's prior motion, seeking to compel the court to file a return pursuant to CPL§ 460.10, which was denied as academic in this court's October 4, 2022 decision and order.
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 the motions are consolidated for disposition; and it is further, ORDERED that the motions are denied.
The appeal from a judgment of conviction was properly dismissed as untimely by decision and order of this court dated October 4, 2022.
Driscoll, J., taking no part.