People of State of New York v Austin
Motion No: 2007-00389
Slip Opinion No: 2008 NYSlipOp 72517(U)
Decided on May 20, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M70724

E/sl

STEVEN W. FISHER, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-00389

People of State of New York, respondent,

v Thomas Austin, appellant.

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Richmond County, dated December 6, 2006, in effect, to enlarge the record to include an order of the County Court, Greene County, dated June 16, 2000, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that on or before June 19, 2008, the respondent shall file a copy of the order dated June 16, 2000, as an exhibit to the original papers filed in the office of the Clerk of the court; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until June 19, 2008, and the respondent's brief must be served and filed on or before that date.

FISHER, J.P., SANTUCCI, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court