Opinion
Motion No. 2022-00047 SCR
09-19-2023
The People of the State of New York, Respondent, v. Leo Hersh, Appellant.
Unpublished Opinion
MOTION DECISION
ELIZABETH H. EMERSON, J.P. TIMOTHY S. DRISCOLL GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for an extension of time to perfect an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency (the Agency), rendered December 14, 2021; and to compel the Agency to file the return with the court.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to compel the Agency to file the return with the court is granted, and such return shall be filed on or before October 6, 2023; and it is further, ORDERED that the branch of the motion seeking an extension of time to perfect the appeal is granted and appellant shall perfect the appeal on or before October 31, 2023; and it is further, ORDERED that in the event the appeal is not perfected by October 31, 2023, 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 appellant in person.