Appellate Division: Second Judicial Department

M83562

E/cb

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

HOWARD MILLER

RUTH C. BALKIN, JJ.

2007-10103 The People, etc., respondent, v Stephen Frick, appellant. (Ind. No. 2000/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered September 25, 2007, and for the assignment of new counsel, or for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceedings, if any. Separate motion by the respondent to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions, the papers filed in relation to the appellant's motion, and no papers having been filed in opposition or in relation to the respondent's motion, it is

ORDERED that the respondent's motion is granted, the respondent's time to serve and file a brief is enlarged until May 11, 2009, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the appellant's motion which is to relieve counsel assigned to prosecute the appeal and for the assignment of new counsel is denied; and it is further,

ORDERED that the branch of the appellant's motion which is for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceedings, if any, is granted; and it is further,

ORDERED that the District Attorney shall file a copy of 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., RITTER, MILLER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

07 A 5738

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562