People v Lominy, Ellijah R.
Motion No: 2016-13298
Slip Opinion No: 2018 NY Slip Op 81117(U)
Decided on August 22, 2018
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M254356

E/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY, JJ.

2016-13298

The People, etc., respondent,

v Ellijah R. Lominy, appellant.

(Ind. No. 246/16)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to serve and file a replacement brief on an appeal from a judgment of the Supreme Court, Nassau County, dated December 1, 2016. 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 motion is granted, and the appellant shall serve and file the replacement brief on or before September 20, 2018; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until October 22, 2018, and the respondent's brief shall be served and filed on or before that date.

DILLON, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court