Opinion
Motion No: 2016-00289 SCR
05-30-2017
The People of the State of New York, Respondent, v. Richard Patrizio, Appellant.
BRUCE E. TOLBERT
JAMES V. BRANDS, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to vacate the dismissal of an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic And Parking Violations Agency District, rendered January 6, 2016, and, upon vacatur, to enlarge the time to perfect the appeal. Appellant also moves to disqualify Justin Smiloff, Esq., the SCTPVA prosecutor's office and the Suffolk County Attorney, from acting as respondent's counsel on the appeal.
Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it is
ORDERED that the motion to vacate dismissal is granted and the court's order dismissing the appeal is vacated, and it is further
ORDERED that the branch of appellant's motion which seeks to disqualify Justin Smiloff, Esq., the SCTPVA prosecutor's office and the Suffolk County Attorney, from acting as respondent's counsel on the appeal is denied, and it is further
ORDERED that the branch of appellant's motion seeking to enlarge the time to perfect the appeal is granted and appellant shall perfect the appeal within 30 days of the date of this order.
ENTER:
Paul Kenny
Chief Clerk