Appellate Division: Second Judicial Department

M305956

ID/

BETSY BARROS, J.P.

BARRY E. WARHIT

LOURDES M. VENTURA

DONNA-MARIE E. GOLIA, JJ.

2023-03972 The People, etc., appellant, v Timothy Turner, respondent. (Ind. No. 396/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated March 30, 2023. Motion by the respondent, inter alia, to dismiss the appeal on the ground that the order is neither appealable as of right nor by permission. 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 papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having in been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the order is neither appealable as of right nor by permission is denied (see CPL 450.20[5]); and it is further,

ORDERED the motion is otherwise denied; and it is further,

ORDERED that the application is granted, and on or before July 18, 2025, 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.

BARROS, J.P., WARHIT, VENTURA and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court