People v Ballinger, Gary
Motion No: 2006-07061
Slip Opinion No: 2007 NYSlipOp 86592(U)
Decided on December 17, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M63570

E/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2006-07061

The People, etc., respondent,

v Gary Ballinger, appellant.

(Ind. No. 8191/05)

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 Supreme Court, Kings County, rendered July 10, 2006, to be furnished with a copy of the typewritten transcript of the proceedings, if any, for leave to file a supplemental reply brief, and for leave to proceed on the appendix method.

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

ORDERED that the branches of the motion which are for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceedings, if any, are 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; and it is further,

ORDERED that the branch of the motion which is for leave to file a supplemental reply brief is denied; and it is further,

ORDERED that the branch of the motion which is for leave to proceed on the appendix method is denied as unnecessary, as the appeal is being heard on the original papers.

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.

RITTER, J.P., FLORIO, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court