Appellate Division: Second Judicial Department

M170736

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

JOSEPH J. MALTESE, JJ.

2012-10483 The People, etc., respondent, v Davon Battee, appellant. (Ind. No. 2287/99)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a resentence of the Supreme Court, Kings County, imposed June 8, 2012, and for the assignment of new counsel. Separate motion by the appellant pro se to strike the brief filed by his assigned counsel, 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 motions and the papers filed 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 motion to relieve assigned counsel and for the assignment of new counsel is denied; and it is further,

ORDERED that the branch of the motion which is to strike the brief filed by the appellant's assigned counsel is denied; and it is further,

ORDERED that the branch of the motion which is for leave to file a pro se 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, and 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 26, 2014, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., LEVENTHAL, CHAMBERS and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court