| Matter of Smith v Annucci |
| Motion No: 2022-10574 |
| Slip Opinion No: 2024 NY Slip Op 65236(U) |
| Decided on April 3, 2024 |
| 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. |
Appellate Division: Second Judicial Department
M295455
KS/
FRANCESCA E. CONNOLLY, J.P.
LINDA CHRISTOPHER
BARRY E. WARHIT
CARL J. LANDICINO, JJ.
|
2022-10574 In the Matter of Jory Smith, appellant, v Anthony J. Annucci, etc., respondent. (Index No. 260/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Dutchess County, dated September 21, 2022.
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated April 1, 2024, is recalled and vacated; and it is further,
ORDERED that the respondent's time to serve and file a brief is extended, on or before May 3, 2024, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
CONNOLLY, J.P., CHRISTOPHER, WARHIT and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court