People v Dubarry, Darius
Motion No: 2009-07322
Slip Opinion No: 2012 NY Slip Op 84471(U)
Decided on September 12, 2012
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M143057

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2009-07322

The People, etc., respondent,

v Darius Dubarry, appellant.

(Ind. No. 3707/08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered July 16, 2009, to hold the appeal in abeyance, or in the alternative, to enlarge the time to serve and file a 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 hold the appeal in abeyance is denied; and it is further,

ORDERED that the branch of the motion which is for an enlargement of time is granted, and the appellant's supplemental brief shall be served and filed on or before November 19, 2012; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

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

SKELOS, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court