Matter of Flournoy v Supreme Court Clerk, Kings County, Cr
Motion No: 2013-00708
Slip Opinion No: 2013 NY Slip Op 90420(U)
Decided on November 4, 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

M164673

S/nl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2013-00708

DECISION & ORDER ON MOTION

In the Matter of Michael Flournoy, appellant,

v Supreme Court Clerk, Kings County, Criminal

Term, et al., respondents.

(Index No. 5388/12)

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated November 15, 2012, for failure to timely perfect or, in the alternative, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until December 2, 2013, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied as the appeal was timely perfected.

SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court