Opinion
Motion No: 2013-02511 NCR
05-12-2016
The People of the State of New York, Respondent, v. James Tomassi, Appellant.
ANGELA G. IANNACCI
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to enlarge the time to serve and file a brief on an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered November 18, 2013. By decision and order of this court dated December 31, 2015, appellant's prior counsel was granted leave to withdraw as counsel and new counsel was assigned and directed to serve and file a brief within 90 days of the date of the decision and order. Newly assigned counsel states that an enlargement is required because a certain transcript has not been made part of the record on appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is stricken from the general calendar pending receipt of the missing transcript; and it is further,
ORDERED that appellant's motion is granted and the time to serve and file an appellant's brief is enlarged to 60 days from the date of this decision and order on motion.
ENTER:
Paul Kenny
Chief Clerk