Appellate Division: Second Judicial Department

M51985

E/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

JOSEPH COVELLO

EDWARD D. CARNI, JJ.

2004-07490 The People, etc., respondent, v Curtis Mays, appellant. (Ind. No. 642/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered August 25, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in response to the brief submitted by the appellant's assigned counsel. Separate application by the respondent for leave to submit one brief in response to the brief submitted by the appellant's assigned counsel and the appellant's supplemental pro se brief.

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

ORDERED that the application to enlarge the time to serve and file a brief in response to the brief submitted by the appellant's assigned counsel is granted, the respondent's time to serve and file a brief is enlarged until April 13, 2007, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the application for leave to submit one brief in response to the brief submitted by the appellant's assigned counsel and the appellant's supplemental brief is denied; and it is further,

ORDERED that the motion is granted; 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.

CRANE, J.P., KRAUSMAN, COVELLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court