Appellate Division: Second Judicial Department

M308607

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

HELEN VOUTSINAS

PHILLIP HOM, JJ.

2022-08081 The People, etc., respondent, v Bruce Battle, appellant. (Ind. No. 811/2020)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered September 7, 2022. Motion by the respondent to extend the time to serve and file a brief. Motion by the appellant pro se to withdraw his motion for leave to file a supplemental brief, which was granted by decision and order on motion of this Court dated July 30, 2025.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the respondent is granted, and on or before November 14, 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; and it is further,

ORDERED that the motion by the appellant pro se is granted, the decision and order on motion of this Court dated July 30, 2025, is recalled and vacated, and the appellant's motion for leave to file a supplemental brief is deemed withdrawn.

DUFFY, J.P., MILLER, VOUTSINAS and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court