| People v Alvarez-Rodriguez, Carmelo |
| Motion No: 2006-09093 |
| Slip Opinion No: 2008 NYSlipOp 72538(U) |
| Decided on May 20, 2008 |
| 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. |
Appellate Division: Second Judicial Department
M70725
E/sl
STEVEN W. FISHER, J.P.
FRED T. SANTUCCI
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2006-09093 The People, etc., respondent, v Carmelo Alvarez-Rodriguez, appellant. (Ind. No. 05-984)
| 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, Orange County, rendered August 11, 2006, and to be furnished with a copy of the typewritten transcript of the proceedings, if any. Application by the appellant's assigned counsel pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief until after the supplemental brief is filed.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the application, it is
ORDERED that the application is granted to the extent that the time of the appellant's assigned counsel to serve and file a reply brief is enlarged until June 2, 2008, and reply brief of the appellant's assigned counsel shall be served and filled on or before that date, and the application is otherwise 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.
FISHER, J.P., SANTUCCI, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court