Opinion
Motion No: 2019-01040 WCR
12-11-2019
The People of the State of New York, Respondent, v. Thomas Timko, Appellant.
THOMAS A. ADAMS, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant on an appeal from a judgment of conviction of the Justice Court of the Town of Cortlandt, Westchester County, rendered June 13, 2019, to compel the Justice Court to file a return on the affidavit of errors and to transmit the record to this court, and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branches of the motion seeking to compel the Justice Court to file a return on the affidavit of errors and to transmit the record to this court are denied as unnecessary, as this court has received the file; and it is further,
ORDERED that the branch of appellant's motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected on or before February 7, 2020; and it is further,
ORDERED that in the event the appeal is not perfected by February 7, 2020, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal, on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk