People v Rizzo, John
Motion No: 2013-08246
Slip Opinion No: 2016 NY Slip Op 67944(U)
Decided on March 22, 2016
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

M208714

E/ct

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

JOSEPH J. MALTESE, JJ.

2013-08246

The People, etc., respondent,

v John Rizzo, appellant.

(Ind. No. 30/12)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Dutchess County, rendered August 12, 2013, to remove the appeal from the calendar, and to direct that this appeal be calendared together with four other appeals.

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 enlarge the time to serve and file a brief is granted, and on or before March 28, 2016, the respondent shall file the brief and serve the brief pursuant to CPLR 2103 (b)(1), (3), or (6); and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appellant shall serve and file a reply brief, if any, on or before April 1, 2016.

MASTRO, J.P., CHAMBERS, ROMAN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court