Appellate Division: Second Judicial Department

M149989

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

2009-10412 The People, etc., respondent, v Kenneth Rogers, appellant. (Ind. No. 1989/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to file exhibits to his supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered October 26, 2009. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in response to the appellant's pro se supplemental brief.

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

ORDERED that the motion is granted, and the Clerk of the Court, or her designee, shall affix the waiver of speedy trial rights dated May 1, 2004, and the Predicate Felony Information under Indictment No. 3563/96 to the copies of the appellant pro se supplemental brief filed with the Clerk of the Court; and it is further,

ORDERED that the application is granted and the respondent's time to serve and file a brief in response to the appellant's pro se supplemental brief is enlarged until February 21, 2013, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., ANGIOLILLO, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court