Opinion
Motion No: 2014-02468 ORCR
03-09-2017
The People of the State of New York, Respondent, v. Robert Zgonena, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a writ of error coram nobis for an extension of time to file an affidavit of errors on an appeal from a judgment of conviction of the Justice Court of the Village of Tuxedo Park, Orange County, rendered September 2, 2014. By order to show cause dated January 10, 2017, appellant was directed 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 the trial proceedings were recorded electronically and 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.
Upon the papers filed in support of the motion and the papers filed in response thereto, and upon the order to show cause and the papers filed in response thereto, it is
ORDERED that appellant's motion and the motion to dismiss are consolidated for the purposes of disposition; and it is further,
ORDERED that appellant's motion 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 appellant shall file a copy of the affidavit of errors in this court simultaneously with his filing the affidavit in the Justice Court; and it is further,
ORDERED that the motion to dismiss the appeal is denied.
ENTER:
Paul Kenny
Chief Clerk