Appellate Division: Second Judicial Department

M284470

MB/

MARK C. DILLON, J.P.

REINALDO E. RIVERA

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2021-08295 The People, etc., appellant, v Marcus Miller, respondent. (Ind. No. 100/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated October 12, 2021. Motion by the respondent to dismiss the appeal on the ground that the notice of appeal was untimely served, or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellant, in effect, pursuant to CPL 460.10(6) to deem the notice of appeal, which was timely filed, to be timely served.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the notice of appeal from the order was untimely served is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before September 29, 2022, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief 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 cross motion is granted, and the notice of appeal, which was timely filed, is deemed timely served (see CPL 460.10[6]).

DILLON, J.P., RIVERA, FORD and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court