Opinion
Motion No: 2016-01307 SCR
02-15-2017
The People of the State of New York, Respondent, v. David S. Gardner, 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 January 26, 2016.
On the court's own motion, it is
ORDERED that appellant is 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 no affidavit of errors was filed, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before March 9, 2017; 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.
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