PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. KAH 16-01834

THE PEOPLE OF THE STATE OF NEW YORK EX REL. RICKY WINTERS, PETITIONER-APPELLANT, V K. CROWLEY, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.

Respondent having moved to dismiss as moot the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Orleans on August 22, 2016, and having moved for an extension of time to file and serve a respondent's brief,

Now, upon reading and filing the affirmation of Brian D. Ginsberg, Esq., dated May 22, 2018, the notice of motion with proof of service thereof, and the affirmation of James M. Specyal, Esq., dated June 1, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal as moot is denied without prejudice and with leave to renew the arguments made regarding this motion at oral argument and in the parties' remaining briefs, and

It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a respondent's brief is granted on condition that the brief is filed and served on or before July 18, 2018, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before August 2, 2018.

Entered: June 18, 2018

Mark W. Bennett, Clerk