Appellate Division: Second Judicial Department

M35502

F/

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-07262 The People, etc., respondent, v Ali Kanat, appellant. (Ind. No. 03-00953)

DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered May 27, 2004, and for assignment of new counsel or in the alternative for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceedings, if any, is granted; and it is further,

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant filed the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed; and it is further,

ORDERED that the motion is otherwise denied.

ADAMS, J.P., SANTUCCI, RIVERA, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court