Appellate Division: Second Judicial Department

M189039

T/ct

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2011-06504 The People, etc., respondent, v Stephen Roberts, appellant. (Ind. No. 218/09)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Queens County, rendered July 1, 2011, in effect, for leave to reargue the appellant's prior motion to direct the respondent to obtain the photographs entered into evidence by the defendant at the trial of the above-entitled action and to file those photographs in the office of the Clerk of this Court, which was granted by decision and order on motion of this Court dated October 22, 2014, or, in the alternative, to enlarge the time to comply with the decision and order on motion of this Court dated October 22, 2014. Motion by the appellant, inter alia, pursuant to 22 NYCRR § 130-2.1 to sanction the respondent for failure to comply with the decision and order on motion of this Court dated October 22, 2014. Separate motion by the appellant for leave to reargue his prior motion for leave to serve and file a supplemental reply brief, which was denied by decision and order on motion of this Court dated May 5, 2014.

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

ORDERED that the branch of the respondent's motion which is for leave to reargue the appellant's prior motion to direct the respondent to obtain the photographs entered into evidence by the defendant at the trial of the above-entitled action and to file those photographs in the office of the Clerk of this Court is granted, and, upon reargument, the decision and order on motion of this Court dated October 22, 2014, is recalled and vacated, and the appellant's prior motion to direct the respondent to obtain the photographs entered into evidence by the defendant at the trial of the above-entitled action and to file those photographs in the office of the Clerk of this Court is denied; and it is further,

ORDERED that the branch of the respondent's motion which is to enlarge the time to comply with the decision and order on motion of this Court dated October 22, 2014, is denied as academic; and it is further,

ORDERED that the appellant's motions are denied.

SKELOS, J.P., LEVENTHAL, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court