Appellate Division: Second Judicial Department

M92670

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2007-00652 The People, etc., respondent, v Joseph Gentile, appellant. (Ind. No. 2642/05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered January 3, 2007, to allow Joseph Gentile, Sr., Esq., to appear as attorney of record and argue the appeal at oral argument, and for leave to serve and file two reply briefs, one prepared by the appellant and one prepared by Joseph Gentile, Sr., Esq.

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

ORDERED that the branch of the motion which is to allow Joseph Gentile, Sr., Esq., to appear as attorney of record and argue the appeal at oral argument is denied with leave to renew on or before November 4, 2009, upon proper papers, including an affidavit or affirmation of Joseph Gentile, Sr., Esq., stating that he has reviewed the appellant's brief which was filed April 9, 2009, and adopts it; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file two reply briefs is denied, and the appellant shall serve and file one reply brief which may incorporate any points sought to be raised by the appellant and Joseph Gentile, Sr., Esq.; and it is further,

ORDERED that the appellant's time to serve and file a reply brief is enlarged until November 18, 2009, and the reply brief shall be served and filed on or before that date.

SKELOS, J.P., SANTUCCI, BELEN and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

07 A 0255

Eastern Correctional Facility

Box 338

Napanoch, New York 12458