Opinion
Motion No: 2015-02597 SCR
01-25-2018
The People of the State of New York, Respondent, v. Peter Pekich, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON APPLICATION
Application by appellant for a writ of error coram nobis for an extension of time to file an affidavit of errors on an appeal from a judgment of conviction of the District Court of Suffolk County, Second District, rendered September 11, 2015. By order to show cause dated August 1, 2017, 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 was filed.
Upon the papers filed in support of the application and the papers filed in opposition thereto, and upon the order to show cause and the papers filed by appellant in response thereto, it is
ORDERED that the 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