Appellate Division: Second Judicial Department

M207171

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-05376 The People, etc., respondent v Urban Fermin, appellant. (Ind. No. 352/10)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered March 18, 2013, to unseal a certain material witness order and papers filed by the respondent in support of the order and for counsel to be given access to those documents. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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

ORDERED that the motion is denied in light of the respondent's representation that the subject documents cannot be located, without prejudice to renew in the event the documents are located; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until March 30, 2016, and the respondent's brief must be served and filed on or before that date.

BALKIN, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court