Appellate Division: Second Judicial Department

M73711

E/sl

PETER B. SKELOS, J.P.

JOSEPH COVELLO

RANDALL T. ENG

ARIEL E. BELEN, JJ.

1999-01030 The People, etc., respondent, v James Allen Gordon, appellant. (Ind. No. 273/97)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered January 28, 1999, to be furnished with a copy of certain transcripts of the proceedings to aid in the preparation of a supplemental pro se brief, to enlarge the time to serve and file the supplemental pro se brief, and to direct the Superintendent of the Elmira Correctional Facility to add him to "p.m. Law-Library Call-out".

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

ORDERED that the branch of the motion which is to be furnished with a copy of certain transcripts of the proceedings is granted to the extent that the Clerk of this court shall deliver copies of the transcripts of the cross-examination of Zakiyah Holliman, the testimony of Dr. Jacqueline Lee, and the penalty phase of the trial concerning the appellant's attorney's motion, among other things, to set aside the verdict, 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 that branch of the motion is otherwise denied, including the request for transcripts of proceedings on April 13, 1998, as there were no proceedings on that date; and it is further,

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 November 24, 2008; 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 to direct the Superintendent of the Elmira Correctional Facility to add him to "p.m. Law-Library Call-out" is denied.

SKELOS, J.P., COVELLO, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court