Appellate Division: Second Judicial Department

M108932

E/sl

WILLIAM F. MASTRO, J.P. THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2008-10167, 2009-03386 The People, etc., respondent, v Sean S. Naughton, appellant. (Ind. Nos. 806-01, 3686-07)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel on appeals from a judgment of the County Court, Suffolk County, rendered October 7, 2008, and a resentence of the same court imposed February 26, 2009, for leave to withdraw the excessive sentence motion and file a brief on the appeal. Separate motion by the appellant pro se for leave to serve and file a supplemental brief.

Upon the papers filed in support of the motions, the papers filed in relation to the motion for leave to withdraw the excessive sentence motion and file a brief on the appeal, and the papers filed in opposition to the motion to serve and file a supplemental brief, it is

ORDERED that the motion for leave to withdraw the excessive sentence motion and file a brief on the appeal is granted, the excessive sentence motion is deemed withdrawn, and on or before October 28, 2010, the appellant's assigned counsel shall serve and file a brief on the apeal; and it is further,

ORDERED that the motion for leave to serve and file a supplemental brief is denied with leave to renew after the appellant's assigned counsel files a brief on the appeal.

MASTRO, J.P., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court