Appellate Division: Second Judicial Department

M42473

Y/nl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2006-01605 The People, etc., appellant, v Norman Barabash and Douglas Allen, appellant. (Ind. No. 77/06)

DECISION & ORDER ON MOTION

Separate motions by the respondents, on an appeal from an order of the County Court, Dutchess County, dated January 11, 2006, in effect, to unseal and release to the respondents any and all minutes of the Grand Jury proceedings conducted in the above-entitled action, and motion by the respondent Douglas Allen to enlarge the time to serve and file a brief.

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

ORDERED that the motions, in effect, to unseal and release the minutes are referred to the panel of justices that is assigned to hear the appeal, to be determined after an in camera review of the minutes in question; and it is further,

ORDERED that the motion to enlarge the time to serve and file a respondent's brief is granted; and it is further,

ORDERED that the time of the respondent Douglas Allen to serve and file a brief is enlarged until August 7, 2006, and his brief must be served and filed on or before that date.

KRAUSMAN, J.P., GOLDSTEIN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court