Opinion
Motion No. 2023-00824 NCR
11-08-2023
Unpublished Opinion
MOTION DECISION
TIMOTHY S. DRISCOLL, J.P. JAMES P. McCORMACK, GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for an extension of time to perfect an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered November 3, 2022, and to hold the appeal in abeyance.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking an extension of time to perfect the appeal is granted, and the appeal shall be perfected on or before January 31, 2024; and it is further, ORDERED that in the event the appeal is not perfected by January 31, 2024, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may serve such application upon appellant in person; and it is further, ORDERED that the branch of the motion seeking to hold the appeal in abeyance is denied without prejudice to renew after the filing of a post conviction motion.