Appellate Division: Second Judicial Department

M83632

E/cb

STEVEN W. FISHER, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2007-10858 The People, etc., respondent, v Omar Washington, appellant. (Ind. No. 06-01007)

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, Westchester County, rendered August 28, 2007, and to be furnished with a copy of the typewritten transcript of the proceedings, if any. Application by the respondent for leave to submit one brief to respond to the brief filed by the appellant's assigned counsel and the appellant's supplemental pro se brief or, in the alternative, to enlarge the time to serve and file a brief in response to the brief filed by the appellant's assigned counsel.

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

ORDERED that the branch of the application which is for leave to submit one brief to respond to the brief filed by the appellant's assigned counsel and the appellant's supplemental pro se brief is denied; and it is further,

ORDERED that the branch of the application which is to enlarge the time to serve and file a brief in response to the brief filed by the appellant's assigned counsel is granted the respondent's time to serve and file a brief in response to the brief filed by the appellant's assigned counsel is enlarged until May 12, 2009, and the respondent's brief in response to the brief filed by the appellant's assigned counsel must be served and filed on or before that date; 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.

FISHER, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court