Appellate Division: Second Judicial Department

M68408

E/sl

ROBERT A. SPOLZINO, J.P.

HOWARD MILLER

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2005-03518 The People, etc., respondent, v Louis Fortunato, a/k/a George Navas, a/k/a Johnson Lewis, appellant. (Ind. No. 1757/99)

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, Queens County, rendered May 18, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any, and to be furnished with a copy of the grand jury proceedings.

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

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

ORDERED that the branch of the motion which is to be furnished with a copy of the grand jury proceedings is denied.

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court