| People of State of New York v John Russo |
| Motion No: 2017-01295 SCR |
| Slip Opinion No: 2018 NY Slip Op 69021(U) |
| Decided on March 26, 2018 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v John Russo, Appellant. |
Motion by respondent to expand the record on appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered June 29, 2017, to include a transcript of the District Court proceedings held on January 24, 2017, and for an enlargement of time to serve and file a respondent's brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is stricken from the general calendar and the appeals calendar, appellant's brief shall be returned to appellant's counsel, and the record shall be remitted to the District Court for settlement of the aforesaid transcript; and it is further,
ORDERED that respondent's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk