Appellate Division: Second Judicial Department

M308970

AFA/

COLLEEN D. DUFFY, J.P.

DEBORAH A. DOWLING

LILLIAN WAN

PHILLIP HOM, JJ.

2017-03933 The People, etc., respondent, v Kyan Washington, appellant. (Ind. No. 952/2013)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered March 21, 2017, which was determined by decision and order of this Court dated December 23, 2020. By decision and order on motion of this Court dated October 6, 2023, the appellant's application for a writ of error coram nobis to vacate the decision and order of this Court dated December 23, 2020, on the ground of ineffective assistance of appellate counsel, was held in abeyance, and the appellant was granted leave to serve and file a brief on the issue of whether appellate counsel was ineffective for taking a position adverse to that of the appellant. Motion by the appellant to extend the time to serve and file a brief.

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

ORDERED that the motion is granted, and on or before November 28, 2025, the appellant shall serve and file the appellant'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.

DUFFY, J.P., DOWLING, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court