Appellate Division: Second Judicial Department

M44444

O/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

DANIEL F. LUCIANO, JJ.

2003-05970 The People, etc., respondent, v Ezra Leslie, appellant. (Ind. No. 2111-01)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the County Court, Suffolk County, rendered June 12, 2003, to strike the appellant's supplemental pro se brief on the grounds that it fails to cite to the record and refers to matter dehors the record or to direct the appellant to file an appendix containing the material upon which he relies in his brief, and to enlarge the time to serve and file a brief.

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 to strike the appellant's supplemental pro se brief or to direct the appellant to file an appendix is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until October 30, 2006, and the respondent's brief must be served and filed on or before that date.

MILLER, J.P., CRANE, RITTER and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court