Appellate Division: Second Judicial Department

M301433

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

PAUL WOOTEN

PHILLIP HOM, JJ.

2023-11663 The People, etc., respondent, v Anthony W. Smith, appellant. (Ind. No. 72378/2022)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered November 20, 2023. Motion by the appellant to be furnished with copies of transcripts of certain proceedings in the above-entitled matter, to enlarge the judgment roll to include certain material, and to extend the time to serve and file a reply brief.

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

ORDERED that the branch of the motion which is to be furnished with copies of the transcripts of certain proceedings is denied without prejudice to renew upon proper papers specifying the dates of the proceedings and the issues to be raised in connection with those proceedings; and it is further,

ORDERED that the branch of the motion which is to enlarge the judgment roll to include certain material is denied as unnecessary with respect to the transcripts of proceedings in the above-entitled matter as those transcripts are properly part of the record, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, on or before January 2, 2025, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website, and the motion is otherwise denied.

DILLON, J.P., MILLER, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court