Appellate Division: Second Judicial Department

M308003

AFA/

BETSY BARROS, J.P.

BARRY E. WARHIT

HELEN VOUTSINAS

SUSAN QUIRK, JJ.

2025-02368 The People, etc., respondent, v Gerry Merriman, appellant. (Ind. No. 70061/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated January 20, 2025. By order to show cause dated March 7, 2025, 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 January 20, 2025, is not appealable as of right and leave to appeal has not been granted. Application by the appellant, in effect, pursuant to CPL 460.30 for an extension of time 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 January 20, 2025.

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 Gerry Merriman 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 January 20, 2025, is extended until October 20, 2025; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the motion to dismiss the appeal is held in abeyance in the interim.

BARROS, J.P., WARHIT, VOUTSINAS and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court