Opinion
Motion No: 2012-02036 scr
01-04-2013
The People of the State of New York, Appellant, v. Joseph C. Marri, Respondent.
, P.J.
ANGELA G. IANNACCI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to dismiss as untimely an appeal from an oral order of the Justice Court of the Town of Southampton, Suffolk County, made November 15, 2011.
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 the appeal is dismissed (see CPL 460.10 [1] [a]).
As the Justice Court advised the parties that no written order would be issued, respondent's time to appeal from the oral order commenced when the order was made (see People v Elmer, 19 NY3d 501 [2012]; cf. People v Washington, 86 NY2d 853 [1995] [the time to appeal a written order commences when the order is served by the prevailing party]).
ENTER:
Paul Kenny
Chief Clerk