Opinion
2021-74416 Motion 2020-00621
11-12-2021
The People, etc., respondent, v. Nelson Caceres, appellant. Ind. No. 1328/1988
Unpublished Opinion
MOTION DECISION
CHERYL E. CHAMBERS, J.P. SYLVIA O. HINDS-RADIX, ROBERT J. MILLER, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ON MOTION
Appeal from a purported judgment of the Supreme Court, Westchester County, rendered December 3, 2019. Motion by the respondent to extend the time to serve and file a brief. By order to show cause dated September 22, 2021, 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 no appeal lies from an execution of sentence and the respondent's motion was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further, ORDERED that the respondent's motion to extend the time to serve and file a brief is granted, and on or before December 13, 2021, 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.
CHAMBERS, J.P., HINDS-RADIX, MILLER and CONNOLLY, JJ., concur.