Appellate Division: Second Judicial Department

M216182

E/afa

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2012-04387 The People, etc., respondent, v Edward Brown, appellant. (Ind. No. 7281/00)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a resentence of the Supreme Court, Kings County, imposed March 22, 2012, to extend the time to respond to an order to show cause of this Court dated January 29, 2016, which directed the appellant to show cause why an order should or should not be made and entered dismissing the appeal on the grounds that the notice of appeal was untimely and the appeal has been abandoned. By decision and order on motion of this Court dated May 2, 2016, that branch of the appellant's prior motion which is, in effect, pursuant to CPL 460.30 for an extension of time to take an appeal from the resentence was held in abeyance pending determination of this Court's motion to dismiss the appeal.

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 to extend the time to respond to the order show cause of this Court dated January 29, 2016, is granted, and the appellant's time to respond to the order to show cause is extended until October 11, 2016; and it is further,

ORDERED that the branch of the appellant's prior motion which is, in effect, pursuant to CPL 460.30 for an extension of time to take an appeal from the resentence is continued to be held in abeyance pending determination of this Court's motion to dismiss the appeal.

ENG, P.J., DICKERSON, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court