Opinion
Motion No: 2014-01667 DCR
12-08-2016
The People of the State of New York, Respondent, v. Joseph Ortreger, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Application by appellant for a writ of error coram nobis to extend his time to take an appeal from a judgment of conviction of the Justice Court of the Town of Poughkeepsie, Dutchess County, rendered June 18, 2014. The notice of appeal was filed on July 23, 2014, and no affidavit of errors was filed. 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 as untimely and as improperly taken.
Upon the order to show cause and the papers filed by appellant in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the motion to dismiss is denied; and it is further,
ORDERED that the application is granted and appellant's time to file an affidavit of errors is extended to 30 days from the date of this decision and order on motion.
ENTER:
Paul Kenny
Chief Clerk