Appellate Division: Second Judicial Department

M45115

C/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-02951 The People, etc., respondent, v Jomo Williams, appellant. (Ind. No. 02-1646)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Westchester County, rendered March 4, 2004, and to be provided with certain documents to aid in the preparation of the supplemental 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 enlarge the time to serve and file a supplemental brief is denied; and it is further,

ORDERED that so much of the decision and order on motion of this court, dated September 26, 2005, as granted the branch of the appellant's motion which was for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Westchester County, rendered March 4, 2004, is recalled and vacated; and it is further,

ORDERED that the branch of the appellant's motion which was for leave to file a supplemental brief is denied; and it is further,

ORDERED that the branch of the motion which is to be provided with certain documents to aid in the preparation of the supplemental brief is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

The appellant has failed to file a supplemental brief although afforded a sufficient opportunity to do so.

MILLER, J.P., RITTER, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court