Opinion
Motion No: 2016-01307 SCR
07-07-2017
The People of the State of New York, Plaintiff, v. David S. Gardner, Defendant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Appeal from two judgments of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered January 26, 2016. By decision and order on motion of this court dated August 25, 2016, defendant's motion to extend his time to file notices of appeal and affidavits of errors was granted and defendant's time was extended 30 days from the date of that decision and order on motion. By order to show cause dated February 15, 2017, defendant was directed to show cause why the appeal should not be dismissed on the ground that the appeal was not properly taken in that no affidavit of errors had been filed. By decision and order on motion of this court dated May 25, 2017, a motion by defendant, in effect, pursuant to CPL 460.30, for a second extension of time to take an appeal from the judgment of conviction was denied.
Now, upon the order to show cause and upon this court's decision and order on motion dated May 25, 2017 denying defendant's motion for a second extension of time to take an appeal, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see People v Smith, 27 NY3d 643 [2016]).
ENTER:
Paul Kenny
Chief Clerk