Appellate Division: Second Judicial Department

M222620

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2016-10255, 2016-10256 The People, etc., plaintiff, v John Dixon, defendant. (Ind. No. 929/10)

DECISION & ORDER ON MOTION

Motion by the defendant to extend his time to make an application, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Queens County, dated July 6, 2016, and to consolidate this matter with proceedings regarding an appeal from an order of the same court dated August 17, 2016. Separate motion by the defendant to extend his time to make an application, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated August 17, 2016, and to consolidate this matter with proceedings regarding the appeal from the order dated July 6, 2016.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to extend the time to make an application, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated July 6, 2016, is granted, and the defendant's time to make an application, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated July 6, 2016, is extended until January 9, 2017; and it is further,

ORDERED that the branch of the motion which is to extend the time to make an application, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated August 17, 2016, is denied as the order dated August 17, 2016, is neither appealable as of right nor by permission (see CPL 450.10, 450.15); and it is further, ORDERED that the motions are otherwise denied as academic.

RIVERA, J.P., CHAMBERS, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court