Opinion
Motion No: 2015-02777 SC
03-22-2016
The People of the State of New York, Respondent, v. Cindy Villatoro, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for an enlargement of time to perfect an appeal from a judgment of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, entered November 18, 2015, and to compel the District Court to file the record on appeal with this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is denied as unnecessary, as appellant has 90 days from the day that the record is filed with this court in which to perfect the appeal (see Rules of the App Term, 9th & 10th Jud Dists [22 NYCRR] § 732.8 [a]); and it is further,
ORDERED that the branch of the motion seeking to compel the District Court to file the record on appeal with this court is denied, as appellant has failed to order and pay for the transcript, and the rules of this court do not permit an appellant in a civil matter to proceed upon an abridged record (Rules of the App Term, 9th & 10th Jud Dists [22 NYCRR] § 732.1; see People v Davidowitz, Misc 3d , 2016 NY Slip Op 26052 [App Term, 2d Dept, 9th & 10th Jud Dists 2016] [an action to impose a civil liability based on a red-light camera violation is civil in nature]).
ENTER:
Paul Kenny
Chief Clerk