Appellate Division: Second Judicial Department

M293859

AFA/

MARK C. DILLON, J.P.

ANGELA G. IANNACCI

LILLIAN WAN

JANICE A. TAYLOR, JJ.

2022-05299 The People, etc., appellant, v Kasson Brown, respondent. (Ind. No. 10017/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated May 2, 2022. Motion by counsel assigned to represent the respondent by the Supreme Court, Queens County, to dismiss the appeal on the ground that the appellant's brief was untimely filed, to be relieved of the assignment to respond to the appeal, and for the assignment of new counsel.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branches of the motion which are to be relieved of the assignment to respond to the appeal and for the assignment of new counsel are granted, Mark Henry Pollard, 305 Broadway, 9th Fl., New York, NY 10007, is relieved of the assignment and is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to the appeal:

Murray E. Singer

14 Vanderventer Ave., Ste. 147

Port Washington, NY 11050

and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended, and on or before March 29, 2024, the respondent shall serve the respondent's brief and upload a digital copy of the respondent's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

DILLON, J.P., IANNACCI, WAN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court