| People v Quimbaya, Marlon |
| Motion No: 2024-08604 |
| Slip Opinion No: 2026 NY Slip Op 61859(U) |
| Decided on February 4, 2026 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M311060
DF/
ANGELA G. IANNACCI, J.P.
VALERIE BRATHWAITE NELSON
PAUL WOOTEN
JANICE A. TAYLOR, JJ.
|
2024-08604, 2025-06025 The People, etc., appellant, v Marlon Quimbaya, respondent. (Ind. No. 70741/2020)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Kings County, dated August 6, 2024, and from an unsigned transcript of the same court dated August 7, 2024. By order to show cause dated October 15, 2025, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal from the unsigned transcript on the ground that no appeal lies from an unsigned transcript (see CPL 450.20; Ojeda v Metropolitan Playhouse, Inc., 102 AD2d 717). Application by the appellant, in effect, pursuant to CPL 460.10(6) to deem the notice of appeal from the unsigned transcript to reflect that the appeal is from an order of the same court, rendered August 7, 2024. Motion by the respondent to extend the time to serve and file a brief.
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 the motion by the respondent and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the application, in effect, to deem the notice of appeal from the unsigned transcript to reflect that the appeal is from an order of the Supreme Court, Kings County, rendered August 7, 2024, is granted, and the notice of appeal is deemed to reflect that the appeal is from an order of the Supreme Court, Kings County, rendered August 7, 2024 (see CPL 460.10[6]); and it is further,
ORDERED that the motion to extend the time to serve and file a brief is granted, and on or before March 6, 2026, the respondent shall serve the respondent's brief and upload a digital copy of the respondent's brief, with proof of service thereof, through the digital portal on this Court's website.
IANNACCI, J.P., BRATHWAITE NELSON, WOOTEN and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court