Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M274099

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2017-07281 The People, etc., respondent, v Jamie Almonte, appellant. (Ind. No. 1422/2003)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered November 17, 2016. Motion by the appellant to withdraw his excessive sentence motion and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the excessive sentence motion filed by assigned counsel is deemed withdrawn; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until January 12, 2021, and the appellant shall file an original and five hard copies of the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court.

MASTRO, J.P., LEVENTHAL, MILLER, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court