Appellate Division: Second Judicial Department

M83641

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MARK C. DILLON, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

DANIEL D. ANGIOLILLO, JJ.

2007-09638 The People, etc., respondent, v Peter Allen, appellant. (Ind. No. 1301-06)

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 Supreme Court, Suffolk County, rendered September 11, 2007, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, 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 Clerk of the court shall furnish the appellant with copies of all motion papers contained in the original papers filed with the Clerk of the court; 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.

DILLON, J.P., FLORIO, COVELLO and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

06 A 6011

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562