Opinion
Motion No: 2016-00346 DCR
12-15-2016
The People of the State of New York, Respondent, v. Hal H. Harris, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER 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. By order to show cause dated August 25, 2016, the parties were directed to show cause before this court why the 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.
Upon the order to show cause and the papers filed by respondent in support thereof, and upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see People v Smith, 27 NY3d 643 [2016]); and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk