Opinion
Motion No. 2020-00940 SCR
11-20-2023
Unpublished Opinion
MOTION DECISION
ELIZABETH H. EMERSON, J.P. JERRY GARGUILO TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for summary reversal on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency (SCTPVA), rendered October 6, 2020.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further, ORDERED, on the court's own motion, that appellant's time to file an affidavit of errors is extended to 30 days from the date of this decision and order on motion.
In a decision and order on motion dated December 19, 2022, insofar as is relevant to this motion, this court granted a motion by defendant for summary reversal "based upon the failure of the tribunal below to take the necessary procedures to allow Appellant to pursue her appeal in a timely manner" to the extent of directing the SCTPVA "to file a report on the February 8, 2022 reconstruction hearing, with proof of service of the report upon both parties" and directed that the deadline for appellant to serve and file an affidavit of errors would be sixty days after her receipt of the report by the SCTPVA on the reconstruction hearing if the SCTPVA reported that reconstruction was successful. Such a report was served on appellant's attorney on July 14, 2023.