Opinion
Motion No: 2016-00346 DCR
08-25-2016
The People of the State of New York, Respondent, v. Hal H. Harris, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
ORDER TO SHOW CAUSE ON MOTION
Motion by appellant pro se on an appeal from a judgment of conviction of the Justice Court of the Town of Milan, Dutchess County, rendered January 14, 2016, in effect, to continue a stay granted by decision and order on motion of this court dated April 22, 2016.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the parties show cause before this court why the above-entitled appeal should or should not be dismissed on the ground that the appeal was not properly taken in that the trial proceedings were recorded electronically and no affidavit of errors was filed, and no application pursuant to CPL 460.30 for an extension of time to file an affidavit of errors has been made, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before September 23, 2016; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties by regular mail; and it is further,
ORDERED that appellant's motion is held in abeyance in the interim.
In People v Smith (___ NY3d ___, 2016 NY Slip Op 04973 [2016]), the Court of Appeals held that, for the purpose of taking an appeal, a record made from a mechanical recording is not the equivalent of a record made by a court stenographer and that an affidavit of errors is required for such an appeal to be properly taken. Appellant, if so advised, may move in this court pursuant to CPL 460.30 for an extension of time to file an affidavit of errors.
ENTER:
Paul Kenny
Chief Clerk