Appellate Division: Second Judicial Department

M309506

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2019-06080 The People, etc., respondent, v Nico A. Ferraro, appellant. (Ind. No. 303/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered April 22, 2019. The appellant has brought into question the constitutionality of New York's Penal Law § 265.01-B(1), notice of which the Attorney General is required to receive pursuant to Executive Law § 71.

Now, on the Court's own motion, pursuant to Executive Law § 71(1), it is

ORDERED that on or before December 15, 2025, the appellant shall serve copies of the appellant's brief, and the respondent's brief, and this decision and order on motion upon the Attorney General, by one of the methods specified in CPLR 2103(b)(1), (3), (6), or (7), and shall file proof of service through the digital portal on this Court's website; and it is further,

ORDERED that on or before January 15, 2026, the Attorney General shall either (1) notify this Court, in writing, filed via email at [email protected], that the Attorney General declines to intervene on this appeal, or (2) serve and file a brief in support of the constitutionality of Penal Law § 265.01-B(1) through the digital portal on this Court's website; and it is further,

ORDERED that in the event the Attorney General elects to file a brief, the appellant and the respondent may each serve and file a brief in response, through the digital portal on this Court's website, within two weeks after service upon them of the Attorney General's brief, if so advised.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court