Opinion
Motion No: 2016-03054 SCR
11-04-2019
The People of the State of New York, Respondent, v. Zachary El Shazly, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered December 2, 2016. By decision and order on motion dated November 26, 2018, the appeal was stricken from this court's general calendar and appeals calendar and the matter was remitted to the District Court as the trial transcripts had not been included in the record. The record has not been returned to this court.
By order to show cause dated August 12, 2019, the parties were directed to show cause why the appeal should or should not be dismissed for failure to timely perfect.
Upon the order to show cause, and the papers filed by respondent and appellant in response thereto, it is
ORDERED that the motion to dismiss the appeal is denied on condition that the appeal be perfected by January 3, 2020; 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, and may serve such application in person.
To properly perfect the appeal, appellant's new attorney must settle the trial minutes, which have been incorporated into the court's return.
ENTER:
Paul Kenny
Chief Clerk