Appellate Division: Second Judicial Department

M41904

S/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2005-08154 The People, etc., respondent, v Thomas Smith, appellant. (Ind. No. 03-00470)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the judgment roll on an appeal from an order of the County Court, Rockland County, dated July 19, 2005, to include (1) the record on the appeal from the judgment of the same court rendered September 28, 2004, under the above-referenced indictment number and (2) the record of the proceedings which occurred in an action entitled People v Smith, pending under Indictment No. 03-00287, which was superseded by Indictment No. 03-00470. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on the appeal.

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

ORDERED that the motion is granted; and it is further,

ORDERED that on or before August 7, 2006, the respondent shall file with the Clerk of this court the record of any proceedings which occurred in connection the action entitled People v Smith, pending under Indictment No. 03-00287; and it is further,

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 7, 2006, and the respondent's brief shall be served and filed on or before that date.

KRAUSMAN, J.P., GOLDSTEIN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court