Appellate Division: Second Judicial Department

M296000

AFA/

VALERIE BRATHWAITE NELSON, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2019-06372 The People, etc., respondent, v Chad Johnson, appellant. (Ind. No. 1455/2010)

DECISION & ORDER ON MOTION

Appeal from so much of an order of the County Court, Suffolk County, dated April 17, 2019, as denied that branch of the appellant's motion which was pursuant to CPL 440.30(1-a). Motion by the respondent to strike Point V of the appellant's brief, in effect, on the ground that the arguments therein are improperly raised on the appeal. Application by the respondent to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and 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 May 28, 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.

BRATHWAITE NELSON, J.P., MILLER, DOWLING and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court