Appellate Division: Second Judicial Department

M266151

E/sl

LEONARD B. AUSTIN, J.P.

COLLEEN D. DUFFY

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2020-00931 The People, etc., appellant-respondent, v Jashid Chambers, respondent-appellant. (Ind. No. 5909/2012)

DECISION & ORDER ON MOTION

Appeal and cross appeal from a resentence of the Supreme Court, Kings County, dated December 19, 2019. Motion by the respondent-appellant for leave to serve and file a respondent-appellant's reply brief or, in the alternative, to strike stated portions of the appellant-respondent's reply brief on the ground that they improperly raise issues for the first time in reply.

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

ORDERED that the branch of the motion which is for leave to serve and file a respondent-appellant's reply brief is denied as unnecessary (see 22 NYCRR 1250.9[f][1][vi]); and it is further,

ORDERED that on the Court's own motion, the respondent-appellant's time to serve and file a reply brief is extended, and on or before June 3, 2021, the respondent-appellant shall serve the reply brief and upload digital copies of the reply brief, with proof of service thereof, through the digital portal on this Court's website, and the respondent-appellant shall file an original and five hard copies of the reply brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the appellant-respondent's reply brief is held in abeyance and referred to the panel of Justices hearing the appeal and cross appeal for determination upon the argument or submission thereof.

AUSTIN, J.P., DUFFY, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court