Appellate Division: Second Judicial Department

M265522

J/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2017-11193 The People, etc., respondent, v Tomaye Walters, appellant. (Ind. No. 15-00388)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to vacate so much of a decision and order on motion of this Court dated May 9, 2019, as dismissed an appeal from an order of the County Court, Rockland County, dated September 19, 2017, and, in effect, pursuant to CPL 460.10(6) to deem the notice of appeal from the order to be a notice of appeal from a judgment of the same court rendered October 4, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to vacate so much of the decision and order on motion dated May 9, 2019, as dismissed the appeal and, in effect, pursuant to CPL 460.10(6) to deem the notice of appeal from the order to be a notice of appeal from the judgment are granted, so much of the decision and order on motion dated May 9, 2019, as dismissed the appeal is recalled and vacated, and the notice of appeal from the order is deemed to be a notice of appeal from the judgment; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended until September 27, 2019, and the respondent's brief shall be served and filed on or before that date.

DILLON, J.P., CHAMBERS, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court