Appellate Division: Second Judicial Department

M220776

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2016-04764 The People, etc., appellant, v Louis Arcila, respondent. (Ind. No. 1709/15)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered April 11, 2016, inter alia, for an enlargement of time to perfect the appeal, for leave to reference the grand jury minutes in the appellant's brief, and for leave to mark the appellant's brief confidential.

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 to the extent that the appellant's time to perfect the appeal is enlarged until December 2, 2016, the appellant may reference the grand jury minutes in the appellant's brief, and mark the appellant's brief confidential, and on or before December 2, 2016, the appellant shall file the transcript of the grand jury proceedings, under seal, with the Clerk of this Court for in camera review by the panel of Justices assigned to hear the appeal and those minutes shall remained sealed upon delivery; and it is further

ORDERED that the motion is otherwise denied, without prejudice to the respondent seeking appropriate relief.

DILLON, J.P., DICKERSON, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court