Appellate Division: Second Judicial Department

M207830

E/sl

MARK C. DILLON, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2015-07927 The People, etc., appellant, v Patrick Castaldo, respondent. (Ind. No. 1/15)

DECISION & ORDER ON MOTION

Motion by the appellant to hold in abeyance an appeal from an order of the Supreme Court, Putnam County, dated August 3, 2015, pending the appointment of a Special District Attorney by the Administrative Judge for the Ninth Judicial District.

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 motion is granted, and the Special District Attorney shall within 30 days after being appointed, advise this Court, in writing, of his or her appointment and how the Special District Attorney will proceed, specifically, whether he or she (1) will adopt the brief filed by the Putnam County District Attorney, or (2) will not adopt the brief filed by the Putnam County District Attorney and will file a replacement brief; and it is further,

ORDERED that respondent's time to serve and file a brief is enlarged, and the Clerk of the Court shall advise the respondent when to serve and file a brief after receiving the notification set forth above or upon the filing of replacement brief.

DILLON, J.P., COHEN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court