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People v. Silva

Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts
Dec 13, 2019
2019 N.Y. Slip Op. 86729 (N.Y. App. Term 2019)

Opinion

Motion No: 2019-01252 SCR

12-13-2019

The People of the State of New York, Respondent, v. David T. Silva, Appellant.


BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

Motion by appellant to vacate an order of this court dated October 15, 2019, which dismissed an appeal from a judgment of conviction of the Justice Court of the Town of Southampton, Suffolk County, rendered June 5, 2019.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED, on the court's own motion, that this court's order of dismissal dated October 15, 2019 is recalled and vacated; and it is further,

ORDERED that appellant's motion is dismissed.

The appeal in this matter was taken to the Appellate Division and this court lacked jurisdiction to entertain it. Appellant's remedy is to move in the Appellate Division to transfer the appeal to this court. Alternatively, appellant can move in the Justice Court to amend the notice of appeal to state that the appeal is to the Appellate Term for the Ninth and Tenth Judicial Districts (see El Dorado Aluminum Prods. v Jeros, 15 AD2d 781 [1962]).

ENTER:

Paul Kenny

Chief Clerk


Summaries of

People v. Silva

Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts
Dec 13, 2019
2019 N.Y. Slip Op. 86729 (N.Y. App. Term 2019)
Case details for

People v. Silva

Case Details

Full title:The People of the State of New York, Respondent, v. David T. Silva…

Court:Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Dec 13, 2019

Citations

2019 N.Y. Slip Op. 86729 (N.Y. App. Term 2019)