Appellate Division: Second Judicial Department

M293195

AFA/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

LARA J. GENOVESI, JJ.

2023-05018 Robert Parrino, appellant, v People of State of New York, et al., respondents. (Index No. 1929/2014)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Suffolk County, dated February 8, 2023. Motion by the respondent County of Suffolk to dismiss the appeal on the ground the merits of this appeal were adjudicated in a prior appeal. Application by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition 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 motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the application is granted, and on or before February 20, 2024, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., MALTESE, WOOTEN and GENOVESI, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court