Appellate Division: Second Judicial Department

M173569

E/ct

PETER B. SKELOS, J.P.

MARK C. DILLON

SHERI S. ROMAN

JOSEPH J. MALTESE, JJ.

2013-07457 The People, etc., respondent, v Ansel Gouveia, appellant. (Ind. No. 1130/05)

DECISION & ORDER ON MOTION

Motion by the appellant to confirm that the parties have accurately reconstructed a certain renewed motion for resentencing under the Drug Law Reform Act of 2004, on an appeal from an order of the Supreme Court, Kings County, dated June 11, 2013, issued pursuant to CPL 440.46, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to confirm that the parties have accurately reconstructed the renewed motion for resentencing is denied without prejudice to making a motion seeking relief in the Supreme Court, Kings County; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged, and the appellant shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

SKELOS, J.P., DILLON, ROMAN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court