Appellate Division: Second Judicial Department

M68420

E/sl

ROBERT A. SPOLZINO, J.P.

HOWARD MILLER

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2005-01316 The People, etc., respondent, v Juan Basagoitia, appellant. (Ind. No. 1318/03)

DECISION & ORDER ON MOTION

Separate motions by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered January 26, 2005, (1) for leave to serve and file a table of authorities for his supplemental brief and (2) for leave to serve and file a supplemental appendix.

Upon the papers filed in support of the motions the papers filed in opposition to the motion for leave to serve and file a table of authorities, and the papers filed in opposition to the motion for leave to serve and file a supplemental appendix, it is

ORDERED that the branch of the motion which is for leave to serve and file a table of authorities for his supplemental brief is granted; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file a supplemental appendix is granted to the extent that the appellant pro se may serve and file a supplemental appendix containing Exhibits A, D, and E to the proposed supplemental appendix and the motion is otherwise denied; and it is further,

ORDERED that on or before May 16, 2008, the appellant shall file nine copies of the table of authorities and supplemental appendix and serve one copy on the District Attorney.

SPOLZINO, J.P., MILLER, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court