Appellate Division: Second Judicial Department

M48284

E/sl

DAVID S. RITTER, J.P.

ROBERT A. SPOLZINO

ROBERT J. LUNN

DANIEL D. ANGIOLILLO, JJ.

2005-02983 The People, etc., respondent, v Nolan Seaton, appellant. (Ind. No. 7230/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental appendix and exhibits to his supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered March 2, 2005, and to enlarge the time to serve and file his supplemental brief, and separate motion by the appellant's assigned counsel to hold the appeal in abeyance and to enlarge the time to serve and file the supplemental brief until after determination by the Supreme Court, Kings County, of the appellant's motion pursuant to CPL 440.10.

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

ORDERED that the branch of the motion which is for leave to serve and file a supplemental appendix and exhibits is denied without prejudice to renewal upon submitting a copy of the proposed supplemental appendix and exhibits to the clerk of this court; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a supplemental brief is granted, the time to serve and file the supplemental brief is enlarged until February 13, 2007, and the appellant's supplemental 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 the motion to hold the appeal in abeyance and to enlarge the time to serve and file the supplemental brief until after determination of the appellant's motion pursuant to CPL 440.10 is denied.

RITTER, J.P., SPOLZINO, LUNN and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

05 A 1314

Upstate Corr. Fac.

Box 2001

Malone, New York 12953