Appellate Division: Second Judicial Department

M56982

E/sl

WILLIAM F. MASTRO, J.P.

ROBERT A. SPOLZINO

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON, JJ.

2004-05424, 2007-05522 The People, etc., respondent, v Ray Eastwood, appellant. (Ind. No. 03-901)

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 County Court, Orange County, rendered June 10, 2004 (Appellate Division Docket No. 2004-05424), and to consolidate the appeal from the judgment with an appeal from an order of the same court dated May 18, 2007 (Appellate Division Docket No. 2007-05522).

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 to enlarge the time to serve and file the supplemental pro se brief is granted, and the appellant's supplemental brief shall be served and filed on or before September 10, 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 no further enlargements of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeal from the judgment with the appeal from the order dated May 18, 2007, is denied as academic, as the appeal from the order dated May 18, 2007, was dismissed by decision and order on motion of this court dated June 29, 2007, on the ground that the order is not appealable as of right and the defendant did not seek leave to appeal (see CPL 450.10, 450.15).

MASTRO, J.P., SPOLZINO, KRAUSMAN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court