Opinion
Motion No 2020-00538 SCR
07-18-2022
The People of the State of New York, Respondent, v. Jamal M. McClelland, Appellant.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P. J. ELIZABETH H. EMERSON TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered December 11, 2019, for an enlargement of time to perfect the appeal, to compel the Agency to accept his affidavit of errors and amended affidavit of errors and to compel the Agency to file a return.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking an extension of time to perfect the appeal is granted on condition that appellant refile the affidavit of errors and amended affidavit of errors within 10 days of the date of this Decision & Order, and on further condition that the appeal be perfected on or before November 1, 2022; and it is further
ORDERED that the branch of the motion seeking to compel acceptance of the affidavit of errors and amended affidavit of errors is granted on condition that they are properly served and filed within 10 days of the date of this Decision & Order; and it is further
ORDERED that the branch of the motion seeking to compel the Agency to file the return with this court is granted on condition that the affidavit of errors and amended affidavit of errors are refiled within 10 days of the date of this Decision & Order, and the return shall be filed within ten days of the date of the filing of the affidavit of errors and amended affidavit of errors (see CPL § 460.10 [3] [d]); and it is further
ORDERED that in the event the appeal is not perfected by November 1, 2022, the court, on its own motion may dismiss the appeal, without further notice, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.