People of State of New York v Sutton
Motion No: 2020-02186
Slip Opinion No: 2022 NY Slip Op 61732(U)
Decided on February 14, 2022
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

M281483

E/sl

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2020-02186

People of State of New York, respondent,

v Antonio Sutton, appellant.

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated February 10, 2020. The appellant has brought into question the constitutionality of the Correction Law, 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 March 2, 2022, the appellant shall serve copies of his brief, the respondent's brief, and this decision and order on motion upon 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 April 4, 2022, 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 the Correction Law, 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 May 4, 2022.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court