Appellate Division: Second Judicial Department

M230934

E/afa

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2016-10107 In the Matter of Roberto Ciaprazi, respondent, v Andrea Evans, etc., appellant. (Index No. 910/16)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to file under seal the presentence report and page 2 of a report prepared by the Department of Parole in connection with the respondent's application for parole, on an appeal from a judgment of the Supreme Court, Dutchess County, dated July 26, 2016. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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

ORDERED that the appellant's motion is granted, and on or before May 25, 2017, the appellant shall file the presentence report and page 2 of the report prepared by the Department of Parole with the Clerk of the Court, under seal, for in camera review by the panel of Justices hearing the appeal, and that material shall remain sealed upon filing; and it is further,

ORDERED that the application is granted, the respondent's time serve and file a brief is enlarged until June 26, 2017, the respondent's brief shall be served and filed on or before that date.

MASTRO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court