Opinion
Motion No: 2019-01189 SCR
12-03-2019
The People of the State of New York, Plaintiff, v. Kamil Podmalovsky, Defendant.
THOMAS A. ADAMS, P.J. BRUCE E. TOLBERT JERRY GARGUILO, JJ. DECISION & ORDER ON MOTION Motion by appellant to compel the District Court to file a return and to enlarge the time to perfect the appeal on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered March 7, 2019. 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 compel is denied; and it is further ORDERED that the motion to enlarge the time to perfect the appeal is granted and appellant shall serve and file the brief on or before January 10, 2020; and it is further ORDERED that the court shall settle the minutes forthwith. The Rules of the Appellate Term, 9th & 10th Judicial Districts (22 NYCRR § 732.1 [b][1]) requires that the minutes be settled "by the judge or justice before whom the action is tried...." ENTER: Paul Kenny Chief Clerk
Effective January 1, 2020, under the revised Rules of the Appellate Term, 2nd Department (22 NYCRR § 731.9 [b][1]), the minutes may be settled "by the parties to the appeal or, in the event the parties cannot settle, the judge before whom the action is tried...."