Appellate Division: Second Judicial Department

M42662

J/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2002-05104 The People, etc., respondent, v Robert Ginsberg, appellant. (Ind. No. 01-00131)

DECISION & ORDER ON MOTION

Motion by the appellant to hold in abeyance an appeal from a judgment of the County Court, Orange County, rendered May 28, 2002, pending receipt of the transcript of a suppression hearing held on or about December 20, 2001. By decision and order on motion dated May 3, 2006, the motion was granted and the appellant was directed to notify this Court by a date certain as to whether appellate counsel has received the subject transcripts and whether he will serve and file a supplemental brief. Appellate counsel has notified this Court by letter dated July 5, 2006, that the transcripts would be available July 10, 2006, and seeks a date certain to serve and file a supplemental brief.

Now, on the court's own motion, and upon the letter dated July 5, 2006, it is

ORDERED that the appellant shall serve and file a supplemental brief on or before August 15, 2006; and it is further,

ORDERED that the respondent's brief shall be served and filed on or before October 19, 2006.

MILLER, J.P., RITTER, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court