Supreme Court of the State of New York, Appellate Division : Second Judicial Department

May 4, 2026

2019-11368, 1517/2018, 2024-03442

Colleen D. Duffy, J.P.

Lara J. Genovesi

Deborah A. Dowling

James P. McCormack, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeals from a judgment of the Supreme Court, Kings County, rendered April 5, 2024, and, by permission, from an order of the same court dated June 17, 2024. The appellant has brought into question the constitutionality of, inter alia, CPL 400.21, notice of which the Attorney General is required to receive pursuant to Executive Law § 71. By decision and order on motion dated February 18, 2026, this Court, inter alia, directed the appellant to serve copies of the appellant's brief, and the respondent's brief, and the decision and order on motion dated February 18, 2026, upon the Attorney General, by one of the methods specified in CPLR 2103(b)(1), (3), (6), or (7), and file proof of service through the digital portal on this Court's website on or before February 25, 2026. Motion by the appellant to extend the time to serve copies of the appellant's brief, the respondent's brief, and the decision and order on motion dated February 18, 2026, upon the Attorney General.

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

ORDERED that the motion is granted and on or before May 19, 2026, the appellant shall serve copies of the appellant's brief, and the respondent's brief, and this decision and order on motion upon the Attorney General, by one of the methods specified in CPLR 2103(b)(1), (3), (6), or (7), and shall file proof of service through the digital portal on this Court's website; and it is further,

ORDERED that on or before June 18, 2026, the Attorney General shall either (1) notify this Court, in writing, filed via email at [email protected], that the Attorney General declines to intervene on this appeal, or (2) serve and file a brief in support of the constitutionality of, inter alia, CPL 400.21 through the digital portal on this Court's website; and it is further,

ORDERED that in the event the Attorney General elects to file a brief, the appellant and the respondent may each serve and file a brief in response, through the digital portal on this Court's website, within two weeks after service upon them of the Attorney General's brief, if so advised.

DUFFY, J.P., GENOVESI, DOWLING and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court