Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M277795

E/jr

WILLIAM F. MASTRO, J.P.

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON

LARA J. GENOVESI

DOBORAH A. DOWLING, JJ.

2018-08828, 2021-03054, 2021-03055 The People, etc., respondent, v Gregory Cardona, appellant. (Ind. Nos. 2012-00155, 2012-00608s, 2017-00448)

DECISION & ORDER ON MOTION

Appeals from a judgment of the County Court, Orange County, rendered June 19, 2018, an amended judgment rendered December 19, 2017, and an amended judgment rendered December 19, 2017, as amended June 27, 2018. Motion by the respondent to extend the time to serve and file a brief.

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

ORDERED that on the Court's own motion, the appellant is directed to show cause before this Court why the appeals from the amended judgments should not be dismissed on the ground that the notice of appeal from the amended judgments was untimely (see CPL 460.30), by uploading an affirmation or an affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before July 14, 2021, or, if so advised, to make a motion pursuant to CPL 460.30 to deem the notice of appeal timely filed; and it is further,

ORDERED that the respondent's motion is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the appellant at the appellant's last known place of residence, or, if the appellant is imprisoned, at the institution in which the appellant is confined, upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

MASTRO, J.P., DUFFY, BRATHWAITE NELSON, GENOVESI and DOWLING JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court