People v Deacon, Derrick
Motion No: 2009-11331
Slip Opinion No: 2011 NY Slip Op 69309(U)
Decided on April 7, 2011
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

M118207

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

RANDALL T. ENG, JJ.

2009-11331

The People, etc., respondent,

v Derrick Deacon, appellant.

(Ind. No. 4919/89)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike the appellant's brief on appeal from an order of the Supreme Court, Kings County, dated November 9, 2009. 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 motion and the application, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the application,

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

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 2, 2011, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., FLORIO, BALKIN and ENG, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court