Appellate Division: Second Judicial Department

M172169

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX, JJ.

2012-02638 The People, etc., respondent, v Carlos Fonseca, appellant. (Ind. No. 7002-08)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the appellant's pro se supplemental brief on an appeal from a judgment of the Supreme Court, Suffolk County, rendered February 27, 2012, on the ground that it raises issues not properly before the Court, or, in the alternative, 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 opposition thereto, it is

ORDERED that the branch of the motion which is to strike the appellant's pro se supplemental brief is denied without prejudice to the respondent arguing in its brief that the pro se supplemental brief raises issues not properly before the Court; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief in response to the pro se supplemental brief is granted, the respondent's time to serve and file a brief in response to the pro se supplemental brief is enlarged until June 3, 2014, and the respondent's brief must be served and filed on or before that date.

BALKIN, J.P., DICKERSON, LEVENTHAL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court