| & Motion People of State of New York v Brett A. Brocki |
| Motion No: 2011-02409 qcr |
| Slip Opinion No: 2012 NY Slip Op 60762(U) |
| Decided on January 4, 2012 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON APPLICATION
| & MOTION The People of the State of New York, Plaintiff v Brett A. Brocki, Defendant. |
Application by defendant for a certificate granting leave to appeal to this court from an order of the Criminal Court of the City of New York, Queens County, dated November 9, 2010. Separate motion by plaintiff for an enlargement of time to serve and file papers in opposition to defendant's application.
Upon the papers filed in support of the application and the motion, it is
ORDERED, on the court's own motion, that the application and the motion are consolidated for purposes of disposition; and it is further,
ORDERED that plaintiff's motion is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that defendant's application is denied as unnecessary, as the sealing of a court record is a civil matter (see Matter of Katherine B. Cataldo, 5 NY3d 196, 201, n 1 [2005]; Matter of Hynes v Karassik, 47 NY2d 659, 661, n 1 [1979]), and, thus, the order dated November 9, 2010 is appealable as of right.
ENTER:
Paul Kenny
Chief Clerk