Appellate Division: Second Judicial Department

M296827

AFA/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

DEBORAH A. DOWLING

LOURDES M. VENTURA, JJ.

2024-02215 The People, etc., respondent, v Malique Shelton, appellant. (Ind. Nos. 70039/2017, 157N/2017, 70040/2017, 237M/2017, 70100/2018, 010N/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated September 26, 2023. By order to show cause dated April 12, 2024, 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 September 26, 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 September 26, 2023, is extended until July 5, 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.

CONNOLLY, J.P., GENOVESI, DOWLING and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court