Appellate Division: Second Judicial Department

M291903

AFA/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

BARRY E. WARHIT

LILLIAN WAN, JJ.

2020-08459, 2021-01037 The People, etc., appellant, v Frank Cook, defendant. (Action No. 1) The People, etc., appellant, v Leroy Dunn, respondent. (Action No. 2) The People, etc., appellant, v Anthony Frazier, respondent. (Action No. 3) The People, etc., appellant, v Chief Ponce Deleon, respondent. (Action No. 4) (Ind. No. 1937/2019)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated September 30, 2020, and January 11, 2021, respectively. Motion by the respondent Leroy Dunn to be provided with the transcript of the grand jury proceedings and to extend the time to serve and file a brief. Motion by the respondent Chief Ponce Deleon to be provided with the transcript of the grand jury proceedings and to extend the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the motions are granted; and it is further,

ORDERED that on or before November 29, 2023, the appellant shall provide counsel for the respondents Leroy Dunn and Chief Ponce Deleon with a copy of the transcript of the minutes of the grand jury proceedings, the respondents' attorneys shall keep the transcript confidential, and shall not disclose the contents of the transcript to anyone, except in the respondents' briefs, which shall be marked confidential and may not be viewed by the public but may be viewed by counsel for the parties, or representatives of counsel, authorized, in writing, to view the respondents' briefs; and it is further,

ORDERED that on or before January 29, 2024, the respondents Leroy Dunn and Chief Ponce Deleon shall serve and file their respective respondent's briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the briefs and upload a digital copy of the briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that on the Court's own motion, the appellant's time to serve and file a reply brief is extended, and on or before February 13, 2024, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that on the Court's own motion, the appellant's brief, the brief of the respondent Anthony Frazier, and the appellant's reply brief, if any, are marked confidential, and the appellant's brief, the brief of the respondent Anthony Frazier, and the appellant's reply brief may not be viewed by the public but may be viewed by counsel for the parties, or representatives of counsel, authorized, in writing, to view the appellant's brief, the brief of the respondent Anthony Frazier, and the appellant's reply brief.

CONNOLLY, J.P., GENOVESI, WARHIT and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court