Appellate Division: Second Judicial Department

M34391

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLON, JJ.

2003-10108 The People, etc., respondent, v Taino Ayala, appellant. (Ind. No. 10/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 8, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Putnam County, rendered July 16, 2003, and to be provided with the transcripts of the proceedings which occurred at his first trial.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to serve and file a supplemental brief is granted, and the appellant's supplemental brief shall be served and filed on or before February 13, 2006; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,

ORDERED that the motion is otherwise denied.

H. MILLER, J.P., CRANE, SKELOS and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court