People v. Brigandi

Full title: The People of the State of New York, Respondent, v. Louis G. Brigandi…

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

Date published: Mar 16, 2017

2017 N.Y. Slip Op. 68345 (N.Y. App. Term 2017)

Opinion

Motion No: 2015-01602 SCR

03-16-2017

The People of the State of New York, Respondent, v. Louis G. Brigandi, Appellant.

ANTHONY MARANO, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered May 28, 2015. By order to show cause dated September 19, 2016, appellant was directed either (1) to show cause before this court why the appeal should not be dismissed on the ground that the appeal was not properly taken in that no affidavit of errors was filed, or (2) if so advised, to move in this court for a writ of error coram nobis for an extension of time to file an affidavit of errors, and appellant's motion was held in abeyance in the interim. Separate motion by appellant, in effect, for a writ of error coram nobis for an extension of time to file an affidavit of errors.

Upon the papers filed in support of appellant's motions and the papers filed in opposition thereto, and upon the order to show cause and the papers filed in response thereto, it is

ORDERED, on the court's own motion, that appellant's motions and the motion to dismiss the appeal are consolidated for purposes for disposition; and it is further,

ORDERED that appellant's motion, in effect, for a writ of error coram nobis for an extension of time to file an affidavit of errors is granted and appellant's time to file an affidavit of errors in the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency is extended 30 days from the date of this decision and order on motion (see People v Smith, 2016 NY Slip Op 83072[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]); and it is further,

ORDERED that appellant shall file a copy of the affidavit of errors in this court simultaneously with his filing the affidavit in the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency; and it is further,

ORDERED that appellant's motion for a stay is held in abeyance in the interim.

ENTER:

Paul Kenny

Chief Clerk