| People of State of New York v James Tomassi |
| Motion No: 2013-02511 NCR |
| Slip Opinion No: 2016 NY Slip Op 74189(U) |
| Decided on May 12, 2016 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
ANGELA G. IANNACCI
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v James Tomassi, Appellant. |
Motion by appellant to enlarge the time to serve and file a brief on an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered November 18, 2013. By decision and order of this court dated December 31, 2015, appellant's prior counsel was granted leave to withdraw as counsel and new counsel was assigned and directed to serve and file a brief within 90 days of the date of the decision and order. Newly assigned counsel states that an enlargement is required because a certain transcript has not been made part of the record on appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is stricken from the general calendar pending receipt of the missing transcript; and it is further,
ORDERED that appellant's motion is granted and the time to serve and file an appellant's brief is enlarged to 60 days from the date of this decision and order on motion.
ENTER:
Paul Kenny
Chief Clerk