People v Cardona, Gregory
Motion No: 2018-08828
Slip Opinion No: 2021 NY Slip Op 70871(U)
Decided on August 27, 2021
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M278862

E/sl

WILLIAM F. MASTRO, J.P.

COLLEEN D. DUFFY

LINDA CHRISTOPHER

JOSEPH A. ZAYAS, JJ.

2018-08828, 2021-03054, 2021-03055

The People, etc., respondent,

v Gregory Cardona, appellant.

(Ind. Nos. 2012-00155, 2012-00608,

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. By order to show cause dated June 23, 2021, the appellant was 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 and the respondent's motion was held in abeyance in the interim. Motion by the appellant, in effect, pursuant to CPL 460.30 for an extension of time to take the appeals from the amended judgments.

Now, upon the order to show cause and no papers having been filed in response thereto, upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion is granted and the notice of appeal from the amended judgments is deemed timely served and filed; and it is further,

ORDERED that the motion to dismiss the appeals from the amended judgments is denied; and it is further,

ORDERED that the respondent's motion is granted, and on or before September 27, 2021, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if

NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

MASTRO, J.P., DUFFY, CHAMBERS and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court