Opinion
Motion No: 2017-00517 SCR
05-03-2017
The People of the State of New York, Respondent, v. Riaz Ali, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
ORDER TO SHOW CAUSE
Motion by appellant, in effect, pursuant to CPL 460.50 and Vehicle and Traffic Law § 1808, to stay the execution of a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered February 6, 2017, including the revocation of appellant's motor vehicle operator's license.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is,
ORDERED, on the court's own motion, 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, and no application pursuant to CPL 460.30 for an extension of time to file an affidavit of errors has been made, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before May 26, 2017, or (2) if so advised, to make a motion in this court pursuant to CPL 460.30 for an extension of time to file an affidavit of errors; 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; and it is further,
ORDERED that appellant's motion is held in abeyance in the interim.
In People v Smith (27 NY3d 643 [2016]), the Court of Appeals held that, for the purpose of taking an appeal, a record made from a mechanical recording is not the equivalent of a record made by a court stenographer and that an affidavit of errors is required for such an appeal to be properly taken.
ENTER:
Paul Kenny
Chief Clerk