| Matter of Allen v DiFiore |
| Motion No: 2012-05468 |
| Slip Opinion No: 2012 NY Slip Op 86636(U) |
| Decided on October 4, 2012 |
| 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. |
Appellate Division: Second Judicial Department
M144488
E/sl
ANITA R. FLORIO, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2012-05468 In the Matter of Douglas Allen, petitioner, v Janet DiFiore, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner to enlarge the record in a proceeding pursuant to CPLR article 78 in the nature of prohibition to include the transcript of the trial and jury verdict in an action entitled People v Allen, prosecuted in the Supreme Court, Dutchess County, under Indictment No. 77/05.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, the transcript of the trial and jury verdict that accompanied the motion papers is deemed filed, and the respondent Janet DiFiore, District Attorney of Westchester County, may serve and file a replacement answer on or before October 19, 2012, if she be so advised.
FLORIO, J.P., HALL, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court