Opinion
Motion No: 2016-02217 ORCR
07-07-2017
The People of the State of New York, Respondent, v. Jay M. Staple, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of conviction of the Justice Court of the Town of Monroe, Orange County, rendered May 4, 2016. By order to show cause dated February 15, 2017, appellant was directed to show cause before this court why the appeal should not be dismissed on the ground that the appeal was not properly taken in that the notice of appeal was not served upon respondent, as required by CPL 460.10 (see CPL 460.10 [1] [b]; [2]). Application by appellant, in effect, for an extension of time to serve the notice of appeal.
Upon the order to show cause and appellant's affirmation in response thereto, and upon appellant's application and no papers having been filed by respondent in response thereto, it is
ORDERED that the motion to dismiss and appellant's application are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's application is granted and appellant's time to serve the notice of appeal upon respondent, as required by CPL 460.10 (see CPL 460.10 [1] [b]; [2]), is extended 30 days from the date of this decision and order on motion (see CPL 460.10 [6]); and it is further,
ORDERED that the motion to dismiss the appeal is denied on condition appellant serve the notice of appeal upon respondent within 30 days from the date of this decision and order on motion; and it is further,
ORDERED that in the event that the above condition is not met, the court, on its own motion, may dismiss the appeal or respondent may move to dismiss the appeal on three days' notice.
ENTER:
Paul Kenny
Chief Clerk