| People v McMillan, Everett B. |
| Motion No: 2011-00263 |
| Slip Opinion No: 2012 NY Slip Op 94104(U) |
| Decided on December 19, 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. |
Appellate Division: Second Judicial Department
M148414
E/sl
WILLIAM F. MASTRO, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2011-00263 The People, etc., respondent, v Everett B. McMillan, appellant. (Ind. No. 2259/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered December 16, 2010, and for the assignment of new counsel, and to strike the brief filed by assigned counsel. Separate motion by the respondent to enlarge the time to serve and file a 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 denied; and it is further,
ORDERED that the respondent's motion is granted, the respondent's time to serve and file a brief is enlarged until January 18, 2013, and the respondent's brief must be served and filed on or before that date.
MASTRO, J.P., LOTT, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court