Appellate Division: Second Judicial Department

M47851

E/sl

HOWARD MILLER, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2004-03014 The People, etc., respondent, v Charles Sealey, appellant. (Ind. No. 778/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered March 31, 2004, and separate motion by the appellant's assigned counsel for leave to file a supplemental brief to address the effect of People v Feingold (7 NY3d 288) on this appeal.

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the motions are granted; and it is further,

ORDERED that the time of the appellant to serve and file a supplemental brief is enlarged until February 3, 2007, and that brief shall be served and filed on or before that date; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,

ORDERED that on or before January 19, 2007, the appellant's assigned counsel shall serve and file a supplemental brief to address the effect of People v Feingold (7 NY3d 288) on this appeal; and it is further,

ORDERED that on or before March 20, 2007, the respondent, if necessary, shall serve and file a brief in response to the assigned counsel's supplemental brief.

MILLER, J.P., RIVERA, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 A 2114

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582