Appellate Division: Second Judicial Department

M258609

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-12381 The People, etc., respondent, v Richard Lanham, appellant. (Ind. No. 2712/14)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered December 4, 2015. The appellants have brought into question the constitutionality of Corrections Law § 168, notice of which the Attorney General is required to receive pursuant to Executive Law § 71.

Now, on the Court's own motion, pursuant to Executive Law § 71(1), it is

ORDERED that on or before January 16, 2019, the appellant shall serve a copy of his brief on the Attorney General and shall file proof of service with the Clerk of this Court; and it is further,

ORDERED that on or before February 15, 2019, the Attorney General shall either serve and file a brief in support of the constitutionality of Corrections Law § 168, if the Attorney General be so advised, or notify this Court in writing that the Attorney General declines to intervene on this appeal; and it is further,

ORDERED that in the event the Attorney General elects to serve and file a brief, the appellant may serve and file a brief in response on or before March 4, 2019.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court