727 N.Y.S.2d 361 | N.Y. App. Div. | 2001
Appeal from an order of the County Court of Ulster County (Bruhn, J.), entered May 8, 2000, which affirmed a judgment of the City Court of the City of Kingston denying defendants’ motion to dismiss the charges against them.
Defendants were charged with violating Kingston City Code § 300-5 (B) (6)
Pursuant to CPL 450.60 (3), County Court was the only intermediate appellate court to which defendants’ appeal could be taken (see, Town of Coeymans v Malphrus, 76 AD2d 1002). Its disposition could be further reviewed by the Court of Appeals upon a certificate issued by one of its Judges (see, CPL 450.90 [1]; 460.20 [2] [b]). Since no certificate has been issued and the time for application has expired (see, CPL 460.10 [5]), no transfer by this Court is required (see, NY Const, art VI, § 5 [b]). Lacking jurisdiction to review this matter, we dismiss the appeal.
On December 16, 1999, such section was amended by Local Law No. 2 (2000) of the City of Kingston, approved January 3, 2000, currently codified at Kingston City Code § 300-5 (A) (6).