| People of State of New York v Frank Bianculli |
| Motion No: 2022-00283 SCR |
| Slip Opinion No: 2022 NY Slip Op 76461(U) |
| Decided on December 20, 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, J.J.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Frank Bianculli, Appellant. |
Motion by respondent to dismiss an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered March 17, 2022, 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 10 days from the date of this decision and order on motion; and it is further,
ORDERED that appellant, if so advised, may serve and file a reply brief within seven days from the service of the respondent's brief.
Driscoll, J., taking no part.
ENTER:
Paul Kenny
Chief Clerk