Appellate Division: Second Judicial Department

M50118

E/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2004-08182, 2004-08183 The People, etc., respondent, v Steven Owens, appellant. (Ind. Nos. 03-00513, 04-00011)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from two judgments of the County Court, Orange County, both rendered September 8, 2004, and to hold the appeals in abeyance pending determination by the County Court, Orange County, of his motion pursuant to CPL 440.

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

ORDERED that the branch of the motion which is for an enlargement of time to serve and file a supplemental brief is granted, and the appellant's supplemental brief shall be served and filed on or before March 16, 2007; 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 branch of the motion which is to hold the appeals in abeyance pending determination by the County Court, Orange County, of his motion pursuant to CPL 440 is denied without prejudice to the appellant's assigned counsel making a motion for the same relief.

MASTRO, J.P., FISHER, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04-A-4860

Eastern Correctional Facility

Box 338

Napanoch, New York 12458