Opinion
Motion No: 2018-02203 NCR
12-19-2019
The People of the State of New York, Respondent, v. Ray Zuniga-Mejia, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to enlarge the time to perfect an appeal from a judgment of conviction of the Justice Court of the Village of Lynbrook, Nassau County, rendered September 25, 2018. By decision and order on motion dated August 2, 2019, the motion was held in abeyance and the matter was remitted to the Justice Court for a hearing to determine if the transcript of the trial proceedings held on September 25, 2018 could be reconstructed. By order to show cause dated November 4, 2019, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that appellant had abandoned the appeal by failing to appear for the reconstruction hearing.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the order to show cause and the papers filed by appellant and respondent in response thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that appellant's motion is granted and the appeal shall be perfected on or before March 6, 2020; and it is further,
ORDERED that in the event the appeal is not perfected by March 6, 2020, the court, on its own motion, may dismiss the appeal or respondent may move, on three days' notice, to dismiss the appeal; and it is further,
ORDERED that the matter is again remitted to the Justice Court for a hearing to determine if the transcript of the trial proceedings held on September 25, 2018 can be reconstructed. The Justice Court shall file its report with all convenient speed.
ENTER:
Paul Kenny
Chief Clerk