Appellate Division: Second Judicial Department

M172567

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2011-11678 The People, etc., respondent, v Ralph Guerrier, appellant. (Ind. No. 323-10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the judgment roll on an appeal from a judgment of the County Court, Suffolk County, rendered November 15, 2011 to include certain documents to aid in the preparation of a pro se supplemental brief. Separate motion by the appellant to substitute retained counsel, in effect, to continue poor person relief, and to enlarge the time to serve and file the pro se supplemental brief. By decision and order on motion of this Court dated March 7, 2012, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

Upon the papers filed in support of the motion to enlarge the judgment roll and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion, inter alia, to substitute retained counsel and the papers filed in relation thereto, it is

ORDERED that the branches of the motion which are to substitute retained counsel and, in effect, to continue poor person relief are granted, and assigned counsel is relieved of the assigned and directed to turn over all papers in the proceeding to retained counsel:

Harry Tillis, Esq.

80 Orville Drive - Suite 100

Bohemia, New York 11716-2505

and it is further,

ORDERED that on the Court's own motion, the decision and order on motion of this Court dated August 26, 2013, which granted the appellant pro se's renewed motion for leave to file a supplemental brief is recalled and vacated, and the renewed motion is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a pro se supplemental brief and the motion to enlarge the judgment roll are denied as academic; and it is further,

ORDERED that on or before May 14, 2014, the appellant's retained counsel must advise the Court, in writing, whether (1) he adopts the brief filed by former assigned counsel, (2) he adopts the brief filed by former assigned counsel and will file a supplemental brief, or whether he will file a replacement brief; and it is further,

ORDERED that in the event that the appellant's retained counsel does not advise the Court, in writing, as set forth above, the appeal will be deemed submitted on the brief filed by former assigned counsel and the respondent's brief.

BALKIN, J.P., DICKERSON, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court