Opinion
Motion No: 2017-01112 DCR
09-07-2017
The People of the State of New York, Respondent, v. Robert Hudson, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Justice Court of the Town of Amenia, Dutchess County, rendered May 15, 2017, as a poor person, and for the assignment of counsel. By order to show cause dated July 19, 2017, appellant was directed either (1) to show cause before this court why the appeal should not be dismissed on the ground that the appeal was not properly taken in that 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 had been made, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before August 8, 2017, or (2), if so advised, to make a motion in this court pursuant to CPL 460.30 for an extension of time to file an affidavit of errors. Appellant has not responded to the order to show cause but instead filed an affidavit of errors in the Justice Court without having received the required extension of time to do so.
Now, on the court's own motion, it is
ORDERED that appellant's time to respond to the order to show cause is extended to September 25, 2017; 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.
Appellant's filing of the affidavit of errors in the Justice Court, without having received from this court, pursuant to CPL 460.30, the requisite extension of time to do so, is of no effect, and appellant's appeal will be dismissed if no response is received to the order to show cause by September 18, 2017.
ENTER:
Paul Kenny
Chief Clerk