Appellate Division: Second Judicial Department

M46491

A/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2005-10489 The People, etc., respondent, v Michael Dinardo, appellant. (Ind. No. 05-00267)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Westchester County, rendered September 29, 2005, and for leave to prosecute the appeal pro se.

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

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

ORDERED that on the court's own motion, the appellant is granted leave to serve and file a supplemental pro se brief; and it is further,

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

RITTER, J.P., SANTUCCI, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address;

05-A-5074

Franklin Correctional Facility

62 Bare Hill Road-Box 10

Malone, New York 12953