Appellate Division: Second Judicial Department

M49587

E/mv

HOWARD MILLER, J.P.

STEVEN W. FISHER

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2004-11228 The People, etc., respondent, v Nathaniel Jay, appellant. (Ind. No. 1818/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered December 15, 2004, for leave to file an oversized supplemental brief and for leave to annex exhibits to 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 for leave to file an oversized supplemental brief is denied as unnecessary as the brief does not contain more than 14,000 words (see 22 NYCRR 670.10.3[a][3]); and it is further,

ORDERED that the branch of the motion which is for leave to include exhibits to the supplemental brief is denied; and it is further,

ORDERED that on the court's own motion, the appellant's time to serve and file a brief is enlarged and the supplemental brief submitted to the Clerk of the court is accepted for filing; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to remove the exhibits from the supplemental brief; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief in response to the supplemental brief is enlarged until March 20, 2007, and the respondent's supplemental brief shall be served and filed on or before that date.

MILLER, J.P., FISHER, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court