Appellate Division: Second Judicial Department

M40350

E/sl

ANITA R. FLORIO, J.P.

STEVEN W. FISHER

ROBERT J. LUNN

MARK C. DILLON, JJ.

2006-04676 The People, etc., appellant, v Carmine Graziano, respondent. (Ind. No. 1828/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated May 5, 2006, in effect, to stay all proceedings in the above-entitled matter pending hearing and determination of the appeal and for a preference in the calendaring of the appeal, separate motion by the appellant, in effect, for leave to serve on the respondent a copy of the appendix containing a copy of the grand jury minutes and exhibits, and application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions and the application, and the papers filed in relation thereto, it is

ORDERED that the motions and the application are granted; and it is further,

ORDERED that all proceedings in the above-entitled matter are stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the appeal will be calendared when it is fully perfected; and it is further,

ORDERED that on or before June 19, 2006, the appellant shall serve on the respondent a copy of the appendix containing a copy of the grand jury minutes and exhibits; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until July 28, 2006, and the respondent's brief must be served and filed on or before that date.

FLORIO, J.P., FISHER, LUNN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court