Appellate Division: Second Judicial Department

M128837

E/sl

REINALDO E. RIVERA, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2009-11580 The People, etc., respondent, v Rashief Bullock, appellant. (Ind. No. 169/09)

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, Richmond County, rendered December 14, 2009, to be furnished with a copy of the typewritten transcript of the proceedings, if any, and for leave to file an appendix to his supplemental brief. Application by the respondent for leave to file one brief in response to the brief filed by the appellant's assigned counsel and the appellant's pro se supplemental brief

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceeding, if any, are granted; and it is further,

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this Court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; upon delivering the minutes to the institution, the Clerk of this Court shall advise the appellant of the date by which the minutes are to be returned and the brief filed; and the transcript shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; 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 motion is otherwise denied; and it is further,

ORDERED that the application is dismissed without prejudice to making a motion for the same relief; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief in response to the brief filed by the appellant's assigned counsel is enlarged until December 16, 2011, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., BELEN, AUSTIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court