Appellate Division: Second Judicial Department

M294984

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

PAUL WOOTEN

LOURDES M. VENTURA, JJ.

2023-05738 The People, etc., respondent, v Rafael Davila, appellant. (Ind. No. 4698/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated June 23, 2023. By order to show cause dated November 1, 2023, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the order dated June 23, 2023, is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15). Application by the defendant, in effect, pursuant to CPL 460.30 for an extension of time to make a make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order.

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 June 23, 2023, is extended until April 17, 2024; and it is further,

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

ORDERED that the motion is held in abeyance in the interim.

DILLON, J.P., CHAMBERS, WOOTEN and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court