Opinion
Motion No: 2014-01047 SCR
05-18-2018
The People of the State of New York, Respondent, v. Daria N. Epakchi, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
ORDER TO SHOW CAUSE
Appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered April 17, 2014. The appeal from the judgment of conviction brought up for review an order of that court dated March 27, 2014 denying appellant's motion to dismiss the simplified traffic information. By decision and order dated June 23, 2016, this court reversed the judgment of conviction, vacated the order denying appellant's motion to dismiss the simplified traffic information and granted appellant's motion to dismiss the accusatory instrument (People v Epakchi, 52 Misc 3d 134[A], 2016 NY Slip Op 51020[U]). By order dated May 1, 2018, the Court of Appeals reversed this court's decision and order and remitted the matter for further proceedings on the ground that the appeal was not properly taken in that no affidavit of errors had been filed.
Now, on the court's own motion, it is
ORDERED that appellant is directed either (1) to show cause before this court why the above-entitled appeal should not be dismissed on the ground that the appeal was not properly taken in that no affidavit of errors was filed, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before June 6, 2018, or (2) if so advised, to move in this court for a writ of error coram nobis for an extension of time to file an affidavit of errors (see People v Smith, 52 Misc 3d 143[A], 2016 NY Slip Op 51218[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]); and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties by regular mail.
ENTER:
Paul Kenny
Chief Clerk