People of State of New York v Darlene Miller
Motion No: 2017-02245 ROCR
Slip Opinion No: 2018 NY Slip Op 79041(U)
Decided on July 18, 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.


Appellate Term of the Supreme Court

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

2017-2245 RO CR
The People of the State of New York, Respondent, v Darlene Miller, Appellant.

Motion by respondent to expand the record on an appeal from a judgment of conviction of the Justice Court of the Village of South Nyack, Rockland County, rendered October 25, 2017, to include transcripts of the Justice Court proceedings held on January 9, 2012, September 15, 2014, April 3, 2017, May 18, 2017 and June 5, 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 Justice Court for settlement of the aforesaid transcripts; and it is further,

ORDERED that respondent's motion is denied as academic.

ENTER:

Paul Kenny

Chief Clerk