Appellate Division: Second Judicial Department

M81734

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2004-07982 The People, etc., respondent, v Francis A. Zarro, Jr., appellant. (Ind. No. 23/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the County Court, Dutchess County, rendered November 18, 2004, to enlarge until March 5, 2009, the time to serve and file a brief in response to the brief of the appellant's assigned counsel, and for leave to file a brief in opposition to the appellant's supplemental pro se brief, also by March 5, 2009.

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

ORDERED that the branch of the motion which is to enlarge until March 5, 2009, the time to serve and file a brief in response to the brief of the appellant's assigned counsel is granted to the extent that the respondent's time to serve and file a brief is enlarged until February 26, 2009, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion which is for leave to file a brief in opposition to the appellant's supplemental pro se brief, also by March 5, 2009, is denied as unnecessary as the respondent's brief in opposition to the appellant's supplemental pro se brief is due 60 days after service of the supplemental pro se brief.

FISHER, J.P., DILLON, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court