Appellate Division: Second Judicial Department

M293058

AFA/

ANGELA G. IANNACCI, J.P.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

CARL J. LANDICINO, JJ.

2023-05203 The People, etc., respondent, v Keith Etheridge, appellant. (Ind. No. 1903/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated May 2, 2023. By order to show cause dated November 1, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated May 2, 2023, is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15). Application by the appellant, 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 dated May 2, 2023.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is 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 dated May 2, 2023, is extended until January 17, 2023; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the motion to dismiss the appeal is held in abeyance in the interim.

IANNACCI, J.P., CHAMBERS, CHRISTOPHER and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court