People v Sirico, Allen
Motion No: 2012-03683
Slip Opinion No: 2013 NY Slip Op 73343(U)
Decided on May 9, 2013
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

M156105

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2012-03683

The People, etc., respondent,

v Allen Sirico, appellant.

(Ind. No. 3025-08)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to withdraw his excessive sentence motion on an appeal from a judgment of the County Court, Suffolk County, rendered February 14, 2012.

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ORDERED that the motion is granted, the excessive sentence motion is deemed withdrawn, and the respondent's response to the excessive sentence motion is stricken; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until July 8, 2013.

ENG, P.J., RIVERA, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court