Opinion
Motion No. 2021-00377 SCR
12-20-2022
The People of the State of New York, Respondent, v. Robert J. Harkins, Appellant.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P.J., ELIZABETH H. EMERSON, TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered May 21, 2021, for an extension of time to perfect the appeal; to file a late affidavit of errors in this matter and to compel the Agency to accept the affidavit of errors as timely, and to continue the stay which was granted by the Supreme Court, Suffolk County, on November 3, 2021 and extended by decision and order on motion of this court dated July 18, 2022.
Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion to file a late Affidavit of Errors and to compel acceptance of the Affidavit of Errors is granted on condition the Affidavit of Errors is properly served and filed on or before January 13, 2023; 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, on three days' notice, to dismiss the appeal, and may serve such application upon the appellant in person; and it is further, ORDERED that the branch of the motion for an extension of time to perfect the appeal is denied as moot, as the time to perfect the appeal does not begin to run until the appeal is "taken" in accordance with Criminal Procedure Law § 460.10 (3) (c); and it is further, ORDERED that the branch of the motion seeking to continue the stay is granted; and it is further, ORDERED that appellant shall serve a certified copy of this decision and order by mail upon the Commissioner of Motor Vehicles pursuant to Vehicle and Traffic Law Section 1808 (a) within 10 days of the date of this decision and order on motion; and it is further, ORDERED that the stay of the revocation of appellant's motor vehicle operator's license shall terminate and be of no further effect 90 days from the date of this decision and order on motion unless this court shall have extended this order; and it is further, ORDERED that the remainder of the stay of execution of the judgment of conviction shall terminate and be of no further effect 120 days from the date of this decision and order unless this court shall have extended this decision and order.
Driscoll, J., taking no part.