Opinion
Motion No: 2019-00985 SCR
03-03-2020
The People of the State of New York, Respondent, v. M. G. Hernandez Caldern, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to enlarge the time to perfect an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered May 9, 2019, to compel the Suffolk County Traffic and Parking Violations Agency to file the record on appeal with this court, and for other relief. By order to show cause dated January 3, 2020, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that an affidavit of errors was not filed within 60 days after appellant received the transcript of the electronically recorded proceedings, as required by CPL 460.10 (3) (a), and appellant's motion was held in abeyance in the interim.
Upon the order to show cause, the papers filed by appellant in response thereto and the papers filed by respondent in relation thereto, and upon the papers filed in support of appellant's motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPL 460.10 [3]); and it is further,
ORDERED that appellant's motion is denied.
ENTER:
Paul Kenny
Chief Clerk