Appellate Division: Second Judicial Department

M86839

E/cb

STEVEN W. FISHER, J.P.

MARK C. DILLON

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2007-04073 The People, etc., respondent, v Napoleon Scott, appellant. (Ind. No. 2436/05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Queens County, rendered April 19, 2007. Separate application by the appellant pro se for leave to amend his supplemental brief and, in effect, to consolidate the appeal with a purported appeal from an order of the same court dated April 8, 2009, which denied his motion pursuant to CPL 440.10.

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 motion is denied; and it is further,

ORDERED that the branch of the application which is for leave to amend the supplemental pro se brief is denied; and it is further,

ORDERED that the branch of the application which is, in effect, to consolidate the appeal from the judgment rendered April 19, 2007, with the purported appeal from the order dated April 8, 2009, is denied on the ground that the appellant has not sought leave to appeal from the order dated April 8, 2009.

FISHER, J.P., DILLON, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

07 A 2472

Downstate Corr. Fac.

Box F

Fishkill, New York 12524