Appellate Division: Second Judicial Department

M220544

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2015-09183 In the Matter of David Putland, respondent, v New York State Board of Parole, appellant. (Index No. 1895/15)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to serve and file a replacement brief on an appeal from a judgment of the Supreme Court, Orange County, dated July 1, 2015, for leave to withdraw a certain prior motion which was determined by decision and order on motion of this Court dated September 1, 2016, and for a briefing schedule. Separate motion by the appellant to enlarge the time to serve and file a reply brief.

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

ORDERED that the branch of the respondent's motion which is for leave to serve and file a replacement brief is granted, the respondent's brief is stricken, and on or before November 28, 2016, the respondent shall serve and file a replacement brief; and it is further,

ORDERED that the branch of the respondent's motion which is for leave to withdraw a certain prior motion which was determined by decision and order on motion of this Court dated September 1, 2016, is denied as academic; and it is further,

ORDERED that the appellant's motion is granted, the appellant's time to serve and file a reply brief is enlarged until December 28, 2016, and the reply brief must be served and filed on or before that date; and it is further,

 ORDERED that the branch of the respondent's motion which is for a briefing schedule is granted as set forth above.

DILLON, J.P., ROMAN, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court