Opinion
Motion No: 2015-00874 WCR
04-24-2017
The People of the State of New York, Respondent, v. Jesse W. Rodriguez, 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 City Court of Rye, Westchester County, rendered March 17, 2015. By order to show cause dated December 5, 2016, appellant was directed either (1) to show cause before this court why the above-entitled appeal should not be dismissed on the ground that the appeal was not properly taken in that no affidavit of errors was filed, or (2) if so advised, to move in this court for a writ of error coram nobis for an extension of time to file an affidavit of errors.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, and upon the order to show cause and the papers filed by appellant in response thereto, it is
ORDERED that appellant's application and the motion to dismiss are consolidated for the purposes of disposition; and it is further,
ORDERED that appellant's 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