| People of State of New York v Lazar Yushubyev |
| Motion No: 2021-00444 QC |
| Slip Opinion No: 2022 NY Slip Op 66790(U) |
| Decided on May 24, 2022 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
THOMAS P. ALIOTTA, P.J.
DONNA-MARIE E. GOLIA
CHEREE A. BUGGS, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Lazar Yushubyev, Appellant. |
Motion by respondent to strike the appellant's brief on an appeal from an order of the Criminal Court of the City of New York, Queens County, entered June 30, 2021, or, in the alternative, for an enlargement of time to serve and file a respondent's brief.
Upon the papers filed in support of the motion, and the papers filed in opposition thereto, it is
ORDERED that the motion to strike appellant's brief is granted; and it is further,
ORDERED, on the court's own motion, that the appeal is stricken from the appeals calendar and appellant's brief shall be returned; and it is further,
ORDERED, on the court's own motion, that appellant is granted an enlargement of time to perfect the appeal, and appellant shall perfect the appeal on or before November 18, 2022; and it is further,
ORDERED that in the event the appeal is not perfected by November 18, 2022, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice and may serve such application upon appellant in person.
Since no minutes from the hearing on the motion to seal the record have been provided to this court, appellant failed to make an adequate record for appellate review.
ENTER:
Paul Kenny
Chief Clerk