| People v Tatum, Kenneth J. |
| Motion No: 2019-02724 |
| Slip Opinion No: 2019 NY Slip Op 85232(U) |
| Decided on December 4, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M267919
E/sl
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
LINDA CHRISTOPHER, JJ.
|
2019-02724 The People, etc., respondent, v Kenneth J. Tatum, appellant. (Ind. No. 377A-18)
| DECISION & ORDER ON MOTION |
Motion by the respondent, in effect, for leave to file the transcript of the proceedings which occurred on October 29, 2018, on an appeal from a judgment of the County Court, Suffolk County, rendered January 23, 2019, and to extend the time to serve and file a brief. Cross motion by the appellant for leave to file a replacement brief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is, in effect, for leave to file the transcript of the proceedings which occurred on October 29, 2018, is granted and on or before December 20, 2019, the respondent shall file the transcript of the proceedings which occurred on October 29, 2018; and it is further,
ORDERED that the cross motion is granted, the appellant's brief is stricken, and on or before January 21, 2020, the appellant shall serve and file the replacement brief; and it is further,
ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief is denied as academic.
CHAMBERS, J.P., AUSTIN, MILLER and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court