People of State of New York v Sherlock
Motion No: 2022-10271
Slip Opinion No: 2023 NY Slip Op 76873(U)
Decided on November 17, 2023
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M292410

AFA/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2022-10271

People of State of New York, respondent,

v Daniel Sherlock, appellant.

DECISION & ORDER ON MOTION

Appeal from an order of the County Court, Suffolk County, dated October 20, 2022. The appellant has brought into question the constitutionality of Correction Law § 168-h(2), notice of which the Attorney General is required to receive pursuant to Executive Law § 71. By decision and order on motion of this Court dated September 29, 2023, this Court, inter alia, directed the appellant to serve copies of the appellant's brief, the respondent's brief, and the decision and order on motion dated September 29, 2023, upon the Attorney General, by one of the methods specified in CPLR 2103(b)(1), (3), (6), or (7), and file proof of service through the digital portal on this Court's website on or before October 4, 2023. Motion by the appellant to extend the time to comply with the decision and order on motion of this Court dated September 29, 2023.

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

ORDERED that the motion is denied as academic, as the Attorney General has notified this Court, in writing, that the Attorney General declines to intervene on this appeal.

BRATHWAITE NELSON, J.P., WOOTEN, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court