People v White, John
Motion No: 2008-05314
Slip Opinion No: 2009 NY Slip Op 82894(U)
Decided on September 14, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M91802

E/sl

MARK C. DILLON, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN, JJ.

2008-05314

The People, etc., respondent,

v John White, appellant.

(Ind. No. 1596/07)

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, Nassau County, rendered June 6, 2008, and, in effect, to enlarge the record to include the transcripts of certain proceedings. Application by the respondent for leave to file one brief in response to the brief filed by the appellant's assigned counsel and the supplemental pro se brief and pursuant to 22 NYCRR 670.8(d)(2) 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, it is

ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief is granted, and the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before December 10, 2009; and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the record to include the transcripts of certain proceedings is denied with leave to renew on or before October 13, 2009, upon papers setting forth the dates of the proceedings; and it is further,

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

ORDERED that the branch of the application which is pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in response to the brief filed by the appellant's assigned counsel is granted and the respondent's time to serve and file a brief is enlarged until November 10, 2009, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Upstate Corr. Fac.

P.O. Box 2001

Malone, New York 12953