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Appellate Term, Second Department: February 16, 2024

Decision & Orders on Motions decided on:January 26-29, 2024

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By: Garguilo, P.J., McCormack, Walsh, JJ.

2022-158 S CR.    PEOPLE v. CUCCERALDO, JACK J. — Motion by appellant to compel the lower court to transfer the file on the appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered February 22, 2022, and for an extension of time to perfect the appeal. Upon the papers filed in support of the motion and no papers having been filed in response thereto, it is ORDERED, on the court’s own motion, that pursuant to the Uniform District Court Act §1704, the Rules of the Appellate Terms, Second Department (22 NYCRR) 731.9 (b) (1) and Judiciary Law §7-a, Jeffrey A. Spinner is directed to settle the trial minutes forthwith, and file same to the District Court, County of Suffolk, Traffic and Parking Violations Agency; and it is further, ORDERED that the District Court of Suffolk County, Traffic and Parking Violations Agency is directed to serve a copy of this decision and order upon Mr. Spinner within 10 days of the date herein; and it is further, ORDERED that the branch of appellant’s motion to compel the District Court to transfer the record on appeal to the Appellate Term is granted, and the record shall be transferred within 10 days of the filing of the settled minutes by Mr. Spinner; and it is further, ORDERED that the branch of appellant’s motion to extend the time to perfect the appeal is granted, and the appeal shall be perfected on or before February 23, 2024. January 29, 2024

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