Appellate Division: Second Judicial Department

M153210

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2011-06504 The People, etc., respondent, v Stephen Roberts, appellant. (Ind. No. 218/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered July 1, 2011, and to be furnished with a copy of the typewritten transcript of the proceedings, if any, and for leave to file less than nine copies of his 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 branches of the motion which are for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceedings, if any, are granted, and the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this Court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; upon delivering the minutes to the institution, the Clerk of this Court shall advise the appellant of the date by which the minutes are to be returned and the brief filed; the transcript shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; and it is further,

ORDERED that the branch of the motion which is for leave to file less than nine copies of his supplemental brief is denied, and the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this Court shall advise the appellant by which the minutes are to be returned and the brief filed.

SKELOS, J.P., ANGIOLILLO, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court