Appellate Division: Second Judicial Department

M286643

AFA/

BETSY BARROS, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

HELEN VOUTSINAS, JJ.

2015-08127 The People, etc., respondent, v Michael Cunningham, appellant. (Ind. No. 46/2014)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated December 23, 2022, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal from a judgment of the County Court, Putnam County, rendered July 22, 2015. Motion by the appellant pro se to extend the time to serve and file a supplemental brief. Separate motion by the appellant pro se to be provided with a copy of the presentence investigation report and certain other material.

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

ORDERED that the motion to extend the time to serve and file a supplemental brief is granted, and the appellant's supplemental brief shall be served and filed on or before February 21, 2023; and it is further,

ORDERED that the appellant shall file the supplemental brief, by mail, and serve one copy on the District Attorney; and it is further,

ORDERED that the motion to be provided with a copy of the presentence investigation report and certain other material is denied.

BARROS, J.P., MALTESE, DOWLING and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court