Opinion
Motion No: 2017-01272 SCR
09-11-2017
The People of the State of New York, Plaintiff, v. Jose A. Hernandez, Defendant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by plaintiff, in effect, to recall and vacate a decision and order on motion of this court dated August 16, 2017, which granted defendant's motion for an extension of time to take an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered November 10, 2016, and for an extension of time to serve and file opposition to defendant's motion.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that plaintiff's motion is granted to the extent that this court's decision and order on motion dated August 16, 2017 is recalled and vacated, plaintiff's opposition papers are deemed timely served and filed, and the following decision and order on motion is substituted therefor:
Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered November 10, 2016.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and defendant's time to file a notice of appeal and an affidavit of errors is extended 30 days from the date of this decision and order on motion.
ENTER:
Paul Kenny
Chief Clerk