Opinion
Motion No. 2021-00444 QC
05-24-2022
The People of the State of New York, Respondent, v. Lazar Yushubyev, Appellant.
Unpublished Opinion
MOTION DECISION
THOMAS P. ALIOTTA, P.J., DONNA-MARIE E. GOLIA, CHEREE A. BUGGS, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to strike the appellant's brief on an appeal from an order of the Criminal Court of the City of New York, Queens County, entered June 30, 2021, or, in the alternative, for an enlargement of time to serve and file a respondent's brief.
Upon the papers filed in support of the motion, and the papers filed in opposition thereto, it is
ORDERED that the motion to strike appellant's brief is granted; and it is further, ORDERED, on the court's own motion, that the appeal is stricken from the appeals calendar and appellant's brief shall be returned; and it is further, ORDERED, on the court's own motion, that appellant is granted an enlargement of time to perfect the appeal, and appellant shall perfect the appeal on or before November 18, 2022; and it is further, ORDERED that in the event the appeal is not perfected by November 18, 2022, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice and may serve such application upon appellant in person.
Since no minutes from the hearing on the motion to seal the record have been provided to this court, appellant failed to make an adequate record for appellate review.