Appellate Division: Second Judicial Department

M280153

E/sl

SYLVIA O. HINDS-RADIX, J.P.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

LARA J. GENOVESI, JJ.

2019-13164 The People, etc., respondent, v Dominic Barizone, appellant. (Ind. No. 2358/2017)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered October 30, 2019. The appellant has brought into question the constitutionality of Agriculture and Markets Law § 351(2)(c), notice of which the Attorney General is required to receive pursuant to Executive Law § 71.

Now, on the Court's own motion, pursuant to Executive Law § 71(1), it is

ORDERED that on or before November 22, 2021, the appellant shall serve a copy of his brief on the Attorney General and shall upload proof of service through the digital portal on this Court's website; and it is further,

ORDERED that on or before December 13, 2021, the Attorney General shall either notify this Court, in writing, uploaded through the digital portal on this Court's website, that the Attorney General declines to intervene on this appeal, or serve a brief in support of the constitutionality of Agriculture and Market Law § 351(2)(c), and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website, if the Attorney General be so advised; and it is further,

ORDERED that in the event the Attorney General elects to serve and file a brief, the appellant may serve a brief in response and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website, on or before December 23, 2022.

HINDS-RADIX, J.P., DUFFY, CONNOLLY and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court