Opinion
Motion No: 2016-01111 WCR
07-07-2017
The People of the State of New York, Respondent, v. James J. Condon, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant on an appeal from judgments of conviction of the Justice Court of the Village of Hastings On Hudson, Westchester County, rendered March 30, 2016, to compel the Justice Court to file the minutes of the proceedings. By order to show cause dated February 1, 2016, appellant was directed 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 the proceedings were recorded electronically and no affidavit of errors was filed. Separate motion by appellant for an enlargement of time to file an affidavit of errors.
Upon the papers filed in support of appellant's motions, and no papers having been filed in opposition thereto, and upon the order to show cause and appellant's affirmation in response thereto, it is
ORDERED that appellant's motions and the motion to dismiss are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion for an extension of time to file an affidavit of errors is granted and appellant's time to file the affidavit is extended 30 days from the date of this decision and order on motion; and it is further,
ORDERED that appellant's motion to compel the Justice Court to file the minutes of the proceedings is denied (see People v Smith, 27 NY3d 643 [2016]; CPL 460.10 [1] [b]); and it is further,
ORDERED that the motion to dismiss the appeal is denied on condition the affidavit of errors is filed within 30 days of this decision and order on motion; and it is further,
ORDERED that in the event that the above condition is not met, the court, on its own motion, may dismiss the appeal or respondent may move to dismiss the appeal on three days' notice.
We note that the affidavit of errors must be addressed to, and filed in, the Justice Court, not this court.
ENTER:
Paul Kenny
Chief Clerk