Appellate Division: Second Judicial Department

M69046

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2007-11509 The People, etc., appellant, v William Emburey, respondent. (Ind. No. 913-07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the County Court, Suffolk County, dated August 20, 2007, to strike the appellant's brief, to be provided with a copy of the transcript of the grand jury proceedings, and to enlarge the time to serve and file a brief.

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

ORDERED that the branches of the motion which are to dismiss the appeal and to strike the appellant's brief are denied; and it is further,

ORDERED that the branch of the motion which is to be provided with a copy of the transcript of the grand jury proceedings is granted and on or before April 29, 2008, the appellant shall provide the respondent with a copy of the transcript of the grand jury proceedings; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file the brief is granted, the respondent's time to serve and file a brief is enlarged until May 29, 2008, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court