Appellate Division: Second Judicial Department

M43978

E/sl

THOMAS A. ADAMS, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

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

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the County Court, Orange County, rendered May 27, 2004. By order to show cause dated August 8, 2006, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant is no longer available to obey the mandate of this court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578). Application by the appellant pro se to relieve counsel assigned to prosecute the appeal.

Upon the order to show cause, the application, and no papers having been filed in opposition or relation to the application, it is

ORDERED that the order to show cause to dismiss the appeal is denied; and it is further,

ORDERED that the application is denied without prejudice to renew on or before October 12, 2006, if the appellant retains new counsel; and it is further,

ORDERED that on the court's own motion, the appellant's time to serve and file a supplemental brief is enlarged, the appellant's supplemental brief shall be served and filed on or before October 27, 2006, the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,

ORDERED that no further enlargements of time shall be granted.

ADAMS, J.P., GOLDSTEIN, MASTRO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court