| People v Capers, Tyquawn; Hyman, Jerry; Wynn, Kareem; Capers, Maurice |
| Motion No: 2021-00233 |
| Slip Opinion No: 2021 NY Slip Op 73720(U) |
| Decided on October 22, 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. |
Appellate Division: Second Judicial Department
M279453
AFA/jr
MARK C. DILLON, J.P.
LINDA CHRISTOPHER
PAUL WOOTEN
DEBORAH A. DOWLING, JJ.
|
2021-00233 The People, etc., appellant, v Tyquawn Capers, respondent. The People, etc., appellant, v Jerry Hyman, respondent. The People, etc., appellant, v Kareem Wynn, respondent. The People, etc., appellant, v Maurice Capers, respondent. (Ind. No. 84/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated December 1, 2020. Motion by counsel for respondent Maurice Capers to be relieved of the assignment to respond to the appeal, for the assignment of new counsel, and, in effect, to extend the time to serve and file a brief. Separate motion by respondent Tyquawn Capers to extend the time to serve and file a brief.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motions are granted; and it is further,
ORDERED that Rochelle S. Berliner, 118-21 Queens Blvd., Ste. 504, Forest Hills, NY 11375, is relieved of the assignment to respond to the appeal for Maurice Capers and is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel for Maurice Capers to respond to the appeal:
Patricia Pazner, Acting Attorney-in-Charge
Appellate Advocates
111 John Street - 9th Floor
New York, New York 10038
and it is further,
ORDERED that assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,
ORDERED that on or before November 29, 2021, the respondents Tyquawn Capers and Maurice Capers shall serve and file their respective respondents' briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve their respective briefs and upload digital copies of the briefs, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., CHRISTOPHER, WOOTEN and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court