People v Haywood, Tyrone
Motion No: 2009-04842
Slip Opinion No: 2014 NY Slip Op 74391(U)
Decided on June 5, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M175204

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2009-04842

The People, etc., respondent,

v Tyrone Haywood, appellant.

(Ind. No. 08-00054)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated April 1, 2014, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered April 30, 2009, to be furnished with copies of the typewritten transcripts of the proceedings, if any, to aid in the preparation of the pro se supplemental brief, and for leave to file an appendix 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 branches of the motion which are for leave to serve and file a supplemental brief and to be furnished with copies of the typewritten transcripts of the proceedings are granted; and it is further,

ORDERED that 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 supplemental 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 branch of the motion which is for leave to file an appendix to the pro se supplemental brief is denied without prejudice to making a motion for that relief when the pro se supplemental brief is filed.

BALKIN, J.P., DICKERSON, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court