Appellate Division: Second Judicial Department

M140115

E/ct

WILLIAM F. MASTRO, A.P.J.

THOMAS A. DICKERSON

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2009-02124 The People, etc., respondent, v Ronald Fanelli, appellant. (Ind. No. 206/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to be furnished with the grand jury minutes to aid in the preparation of his supplemental brief on an appeal from a judgment of the Supreme Court, Richmond County, dated April 15, 2008, and to enlarge the time to serve and file the pro se supplemental brief.

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

ORDERED that the branch of the motion which is to be furnished with the grand jury minutes is granted to the extent that on or before July 26, 2012, the District Attorney shall file a transcript of the grand jury minutes with the Clerk of this Court, for in camera review by the panel of Justices assigned to hear the appeal, and those minutes shall remain sealed upon delivery, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file the pro se supplemental brief is granted, and the appellant's supplemental brief shall be served and filed on or before October 1, 2012; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

MASTRO, A.P.J., DICKERSON, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court