PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 09-01305
Indictment No: 2008-0826A

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V FLOYD L. SMART, DEFENDANT-APPELLANT.

Appellant having moved for an extension to file and serve a pro se supplemental brief on the appeal taken from a judgment of Monroe County Court, rendered May 13, 2009, and respondent having cross-moved for an extension of time to file and serve a brief on said appeal,

Now, upon reading and filing the affidavit of Floyd Smart sworn to March 9, 2012, the notice of motion with proof of service thereof, the affirmation of Leslie E. Swift, Esq. dated April 2, 2012, the statement of Leslie E. Swift, Esq. dated April 3, 2012, the notice of cross-motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that appellant shall file 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before May 9, 2012, and

It is further ORDERED that the cross-motion is granted, and the time to file and serve a brief in response to the brief filed by appellate counsel and the pro se supplemental brief filed by defendant is extended to June 25, 2012, and

It is further ORDERED that the time for counsel and defendant pro se to file and serve a reply brief is extended to July 10, 2012.

Entered: April 9, 2012

Frances E. Cafarell, Clerk