Opinion
Motion No. 2022-00350 SCR
05-25-2023
The People of the State of New York, Respondent, v. Eric Vandewater, Appellant.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P.J., ELIZABETH H. EMERSON, TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of conviction of the Justice Court of the Village of the Head of the Harbor, Suffolk County, rendered April 15, 2021.
In an order to show cause dated March 16, 2023, appellant was directed 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 a proper affidavit of errors was not filed, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before April 5, 2023 (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 appellant having filed an affirmation in opposition to the order to show cause, it is hereby
ORDERED that the order to show cause is denied; and it is further
ORDERED that the corrected affidavit of errors annexed to appellant's affirmation in opposition is deemed served and filed; and it is further
ORDERED that Ellen D. Fishkin is directed to settle the transcript and file a return with the Justice Court of the Village of Head of the Harbor within 10 days of the date of this decision and order on motion.