Appellate Division: Second Judicial Department

M256137

E/sl

SHERI S. ROMAN, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2017-00298 The People, etc., respondent, v Joseph McCray, appellant. (Ind. No. 5847/15)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Kings County, rendered November 30, 2016, and for leave to inspect the grand jury minutes. Separate motion by the appellant to strike the respondent's brief, inter alia, for failure to comply with former 22 NYCRR 670.10(3)(f).

Upon the papers filed in support of the motion to enlarge the time to serve and file a reply brief and for leave to inspect the grand jury minutes and the papers filed in relation thereto, and upon the papers filed in support of the motion to strike the respondent's brief and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the appellant's time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until November 8, 2018, and the reply brief shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is for leave to inspect the grand jury minutes is granted to the extent that the respondent shall file a transcript of the grand jury proceedings, under seal, with the Clerk of this Court, for in camera review by the panel of Justices assigned to hear the appeal, and that transcript shall remained sealed upon delivery, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the motion to strike the respondent's brief is denied.

ROMAN, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court