Appellate Division: Second Judicial Department

M281878

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

PAUL WOOTEN

JOSEPH A. ZAYAS, JJ.

2021-06376 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 Prince, pending in the Supreme Court, Suffolk County, under Indictment No. 179/2020. 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.

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

ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief to the amici curiae briefs is granted, and on or before April 11, 2022, the respondent Chris Ann Kelley shall serve and file her reply brief to the amici curiae briefs, via NYSCEF, if applicable, or if NYSCEF is not mandated, serve her reply brief to the amici curiae briefs and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion which is, in effect, to serve and file an oversized reply brief to the amici curiae briefs is denied, without prejudice to filing a letter application 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