Matter of Tierney v Kelley
Motion No: 2021-06373
Slip Opinion No: 2022 NY Slip Op 62744(U)
Decided on March 11, 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

M281844

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

PAUL WOOTEN

JOSEPH A. ZAYAS, JJ.

2021-06373

In the Matter of Raymond A. Tierney, etc., petitioner

v Chris Ann Kelley, etc., et al., respondents.

DECISION & ORDER ON MOTION

,

Proceeding pursuant to CPLR Article 78 in the nature of prohibition to prohibit the respondent Chris Ann Kelley, a Justice of the Supreme Court, Suffolk County, from directing the petitioner to produce certain material, in connection with an action entitled People v Portillo, pending in the Supreme Court, Suffolk County, under Indictment No. 1064/2019. Motion by the respondent Chris Ann Kelley to extend the time to serve and file a reply brief to the amici curiae briefs, and, in effect, for leave to file an oversized reply brief to the amici curiae briefs. Separate motion by Fidel Portillo to extend the time to serve and file a reply brief to the amici curiae briefs, and, in effect, for leave to file an oversized reply brief to the amici curiae briefs. Separate motion by Raymond A. Tierney to extend the time to serve and file a reply brief to the amici curiae briefs, and, in effect, for leave to file an oversized reply brief to the amici curiae briefs.

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

ORDERED that the branches of the motions which are to extend the time to serve and file reply briefs to the amici curiae briefs are granted, and on or before April 11, 2022, the parties shall serve and file their respective reply briefs to the amici curiae briefs, via NYSCEF, if applicable, or if NYSCEF is not mandated, serve their respective reply briefs to the amici curiae briefs and upload a digital copy of the briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branches of the motions which are, in effect, to serve and file oversized reply briefs to the amici curiae briefs are denied, without prejudice to filing letter applications for such relief with the Clerk (see 22 NYCRR 1250.9[h]).

BRATHWAITE NELSON, J.P., CHAMBERS, WOOTEN and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court