| People of State of New York v Nicholas Martinez |
| Motion No: 2021-00672 SCR |
| Slip Opinion No: 2022 NY Slip Op 72628(U) |
| Decided on September 30, 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 9th & 10th Judicial Districts
JERRY GARGUILO, P.J.
ELIZABETH H. EMERSON
TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Appellant v Nicholas Martinez, Respondent. CR-023565-21SU |
Motion by respondent to dismiss the appeal from an order of the District Court of Suffolk County, First District, dated October 7, 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 branch of the motion seeking to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to serve and file a respondent's brief is granted and the respondent's brief shall be served and filed within 21 days from the date of this decision and order on motion; and it is further,
ORDERED that appellant, if they be so advised, may serve and file a reply brief within 14 days from the service of the respondent's brief.
ENTER:
Paul Kenny
Chief Clerk