Appellate Division: Second Judicial Department

M291126

AFA/

VALERIE BRATHWAITE NELSON, J.P.

LARA J. GENOVESI

BARRY E. WARHIT

LILLIAN WAN, JJ.

2022-05730 The People, etc., respondent, v Tarence Kirkland, appellant. (Ind. No. 868/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, entered June 1, 2022, which was dismissed by decision and order on motion of this Court dated March 20, 2023, on the ground that the order entered June 1, 2022, is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15). Motion by the appellant pro se, inter alia, to recall and vacate this Court's decision and order on motion dated March 20, 2023, and, in effect, pursuant to CPL 460.30 to extend the time to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order entered June 1, 2022. Separate motion by the appellant pro se for the same relief.

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

ORDERED that the branches of the motions which are, in effect, to extend the time to make an application for a certificate granting leave to appeal to this Court from the order are granted, and the time for the appellant to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order entered June 1, 2022, is extended until October 18, 2023; and it is further,

ORDERED that no further extension of time to make said application shall be granted; and it is further,

ORDERED that the remaining branches of the motions are held in abeyance in the interim.

BRATHWAITE NELSON, J.P., GENOVESI, WARHIT and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court