Appellate Division: Second Judicial Department

M146083

E/sl

RANDALL T. ENG, P.J.

ANITA R. FLORIO

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

2009-07952 The People, etc., respondent, v Marcel C. Bristol, appellant. (Ind. No. 2346/08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, for leave to file certain exhibits to his supplemental brief on an appeal from a judgment of the Supreme Court, Nassau County, rendered September 17, 2009, and for leave to file a supplemental reply brief. Separate motion by the respondent for leave to serve and file a replacement brief in response to the pro se supplemental brief.

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

ORDERED that the appellant's motion is granted to the extent that leave to file Exhibits A, C, G, and H annexed to the motion papers as exhibits to the pro se supplemental brief is granted, and the Clerk of the Court, or her designee, shall annex those exhibits to the copies of the pro se supplemental briefs filed with the Clerk of the Court, and the motion is otherwise denied; and it is further,

ORDERED that the respondent's motion is granted, and on or before December 10, 2012, the respondent may serve and file a replacement brief in response to the pro se supplemental brief.

ENG, P.J., FLORIO, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court