| People v Perez-Olivo, Carlos |
| Motion No: 2008-11532 |
| Slip Opinion No: 2014 NY Slip Op 64881(U) |
| Decided on February 27, 2014 |
| 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
M169893
E/sl
MARK C. DILLON, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2008-11532 The People, etc., respondent, v Carlos Perez-Olivo, appellant. (Ind. No. 07-01664)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant pro se to relieve assigned counsel on an appeal from a judgment of the County Court, Westchester County, rendered December 2, 2008, and for leave to prosecute the appeal pro se, or, in the alternative, for leave to file a supplemental brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation 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 branch of the motion which is to relieve assigned counsel and for leave to prosecute the appeal pro se is denied; and it is further,
ORDERED that the branch of the motion which is for leave to file a supplemental brief is granted, the District Attorney shall file the transcripts of the proceedings, if any, and the Clerk of this Court shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; upon delivering the transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the brief filed; the transcripts 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 appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until March 21, 2014, and the respondent's brief must be served and filed on or before that date.
DILLON, J.P., HALL, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court