Appellate Division: Second Judicial Department

M170805

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

JOSEPH J. MALTESE, JJ.

2011-11899 The People, etc., respondent, v Richard Hoffman, appellant. (Ind. No. 3063/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered December 14, 2011, and for leave to file exhibits to the pro se supplemental brief. 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 pro se supplemental brief.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is for leave to file exhibits to the pro se supplemental brief is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file the supplemental brief is granted, the Clerk of the Court, or her designee, shall remove the exhibits attached to the copies of the pro se supplemental brief submitted to her for filing, and the supplemental brief, without attached exhibits, is accepted for filing and deemed timely served; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief in response to the pro se supplemental 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