Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M244403

Z/jr

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-05749 In the Matter of Sean McCarthy, appellant, v Timothy Sini, in his official capacity as Police Commissioner, respondent. (Index No. 344/17)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on application of this Court dated December 7, 2017,

in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 29, 2017.

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

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until January 16, 2018, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court