| People ex rel. Holmes v Heath |
| Motion No: 2011-11170 |
| Slip Opinion No: 2012 NY Slip Op 92758(U) |
| Decided on December 6, 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
M147758
J/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
|
2011-11170 The People, etc., ex rel., Winston Holmes, appellant, v Philip D. Heath, respondent. (Index No. 11-00338)
| DECISION & ORDER ON MOTION |
Motions by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated September 21, 2011, and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to waive the requirements of 22 NYCRR 670.10.2(f) is granted; and it is further,
ORDERED that the motion to enlarge the time to perfect the appeal is granted, and the appellant's record and brief which was submitted to the Clerk of this Court are accepted for filing and deemed timely served; and it is further,
ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until January 7, 2013, and the respondent's brief must be served and filed on or before that date.
SKELOS, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court