Appellate Division: Second Judicial Department

M89909

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2006-09513 The People, etc., respondent, v Robert Kelly, appellant. (Ind. No. 6167/05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered September 26, 2006, and to be provided with duplicate copies of pages 399 through 574 of the trial transcript.

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

ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before September 29, 2009; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,

ORDERED that the Clerk of this court or his designee shall deliver duplicate copies of pages 399 through 574 of the trial transcript to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; these transcript pages shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed.

SKELOS, J.P., LEVENTHAL, HALL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court