Opinion
Motion No: 2015-01167 SCR
11-13-2018
The People of the State of New York, Respondent, v. Michael R. Sweeney, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered February 9, 2015. By order to show cause dated September 6, 2018, appellant was directed either 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 no affidavit of errors was filed, or, 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. Separate application, in effect, by appellant for a writ of error coram nobis for an extension of time to file an affidavit of errors.
Upon the order to show cause, and upon the papers filed in support of appellant's application and no papers having been filed in opposition thereto, it is
ORDERED that appellant's application and the motion to dismiss are consolidated for the purposes of disposition; and it is further,
ORDERED that appellant's application is granted and appellant's time to file an affidavit of errors is extended 30 days from the date of this decision and order on motion (see People v Smith, 2016 NY Slip Op 83072[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]); and it is further,
ORDERED that the motion to dismiss the appeal is denied.
It is noted that the affidavit of errors must be filed in the court from which the appeal is being taken.
ENTER:
Paul Kenny
Chief Clerk