Opinion
Motion No: 2015-02594 SCR
09-28-2017
The People of the State of New York, Respondent, v. Melissa Leon, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered September 17, 2015, to compel the District Court to file a return on an affidavit of errors. Cross motion by respondent to dismiss the appeal for failure to timely file the affidavit of errors. By decision and order on motion of this court dated March 6, 2017, an application by appellant, in effect, for a writ of error coram nobis for an extension of time to file an affidavit of errors was granted and appellant's time to file an affidavit of errors was extended 30 days from the date of the decision and order on motion.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition to the cross motion thereto, it is
ORDERED that the motion is denied as academic; and it is further,
ORDERED that the cross motion is granted and the appeal is dismissed, as the affidavit of errors was not timely filed in the District Court.
ENTER:
Paul Kenny
Chief Clerk