People v. Mata

Full title: The People of the State of New York, Respondent, v. Adrian Mata, Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Nov 29, 2016

2016 N.Y. Slip Op. 93711 (N.Y. App. Term 2016)

Opinion

Motion No: 2014-02984 ROCR

11-29-2016

The People of the State of New York, Respondent, v. Adrian Mata, Appellant.

ANTHONY MARANO, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON APPLICATION

Application by appellant on an appeal from a judgment of conviction of the Justice Court of the Town of Stony Point, Rockland County, rendered October 23, 2014, for a writ of error coram nobis for an extension of time to file an affidavit of errors. By order to show cause dated August 31, 2016, the parties were directed to show cause before this court why the appeal should or should not be dismissed on the ground that the appeal was not properly taken in that the trial proceedings were recorded electronically and no affidavit of errors had been filed, and no writ of error coram nobis seeking an extension of time to file an affidavit of errors had been made.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, and upon the order to show cause and the papers filed by appellant in response thereto, it is

ORDERED that appellant's application and the motion to dismiss are consolidated for the purposes of disposition; and it is further,

ORDERED that appellant's application is granted and appellant's time to file an affidavit of errors is extended 30 days from the date of this decision and order on application (see People v Smith, 2016 NY Slip Op 83072[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]); and it is further,

ORDERED that the motion to dismiss the appeal is denied.

ENTER:

Paul Kenny

Chief Clerk