Opinion
Motion No. 2019-01228 SCR
12-20-2022
The People of the State of New York, Respondent, v. Steven D. Navon, Appellant.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P.J., ELIZABETH H. EMERSON, TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for an order granting summary reversal and vacating the conviction on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered June 10, 2019. Separate motion to continue the stay in effect.
Upon the papers filed in support of the motions and the papers having been filed in opposition thereto, it is
ORDERED that, on the court's own motion, the motions are consolidated for purposes of disposition; and it is further, ORDERED that the motion for summary reversal is granted only to the extent that the matter is remitted to the Agency to determine if the minutes of the April 17, 2019 arraignment are available and, if not, for a reconstruction hearing concerning those proceedings; if the minutes are available or if the minutes are not available and cannot be reconstructed the Agency shall issue a report to this Court with all convenient speed; and it is further, ORDERED that, if the minutes can be reconstructed, the appellant is directed to serve and file the transcript of the reconstruction hearing within 15 days of the hearing; and it is further, ORDERED that the motion to continue the stay on the appeal is granted and appellant shall perfect the appeal within 45 days after the conclusion of the reconstruction hearing or issuance of the report; the parties shall notify this Court, in writing, via email at AT2clerk@nycourts.gov when the reconstruction hearing has concluded or any report issued.
Driscoll, J., taking no part.