Appellate Division: Second Judicial Department

M74439

E/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2007-07377 The People, etc., respondent, v David Bendezu, appellant. (Ind. No. 06-00863)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief in response to the brief filed by the appellant's assigned counsel on an appeal from a judgment of the Supreme Court, Westchester County, rendered July 11, 2007, and for leave to file one brief responding to the brief filed by the appellant's assigned counsel and the appellant's supplemental pro se brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to serve and file in response to the brief filed by the appellant's assigned counsel is granted to the extent that the respondent's time to serve and file that brief is enlarged until September 29, 2008, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SANTUCCI, J.P., MILLER, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court