Appellate Division: Second Judicial Department

M81392

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2007-07502 The People, etc., respondent, v Kareem Lemay, appellant. (Ind. No. 3536-06)

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, Suffolk County, rendered August 2, 2007, and to be furnished with a copy of the typewritten transcript of the proceedings, if any. Separate application by the respondent for leave to file one brief in response to the brief submitted by the appellant's assigned counsel and the supplemental brief submitted by the appellant pro se.

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

ORDERED that the application is denied as academic as the respondent's brief in response to the appellant's main brief was filed on January 5, 2009; 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.

SPOLZINO, J.P., SANTUCCI, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

07 A 4535

Upstate Corr. Fac.

Box 2001

Malone, New York 12953