Appellate Division: Second Judicial Department

M73712

E/sl

PETER B. SKELOS, J.P.

JOSEPH COVELLO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2004-09251 The People, etc., respondent, v Leroy Huggins, appellant. (Ind. No. 04-00036)

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, Westchester County, rendered October 7, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any. Application by the respondent for leave to file one brief in response to the supplemental pro se brief and the brief of the appellant's assigned counsel.

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 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; and it is further,

ORDERED that the application is granted to the extent that the respondent's time to serve and file a brief in response to the brief filed by appellant's assigned counsel is enlarged until August 29, 2008, and the application is otherwise 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court