Appellate Division: Second Judicial Department

M231645

E/sl

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2015-04675 The People, etc., respondent, v Gamaliel Nieves, appellant. (Ind. No. 1184N/13)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, rendered May 18, 2015, and to enlarge the judgment roll to include the transcript of the proceedings which occurred on January 20, 2015. 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 branch of the motion which is to enlarge the time to serve and file a brief and the application for that relief are granted, the respondent's time to serve and file a brief is enlarged until June 26, 2017, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to enlarge the judgment roll to include the transcript of the proceedings on January 20, 2015, is denied as unnecessary as that material is properly part of the record.

BALKIN, J.P., SGROI, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court