Appellate Division: Second Judicial Department

M178478

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2012-01202 The People, etc., respondent, v John H. Dixon, appellant. (Ind. No. 929/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered January 20, 2012, for leave to reargue his prior motion, inter alia, to relieve counsel assigned to prosecute the appeal and for the assignment of new counsel, which was determined by decision and order on motion of this Court dated April 4, 2014. Separate motion by the appellant pro se, inter alia, for leave to serve and file a supplemental brief. Separate motion by the appellant pro se to hold the above two motions in abeyance pending completion of certain proceedings in the Supreme Court, Queens County.

Upon the papers filed in support of the motion for leave to reargue and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion, inter alia, for leave to serve and file a supplemental brief and the motion to hold the above two motions in abeyance and the papers filed in relation thereto, it is

ORDERED that the motion for leave to reargue is denied; and it is further,

ORDERED that the motion, inter alia, for leave to serve and file a supplemental brief is granted to the extent that the appellant is granted leave to serve and file a supplemental brief, the District Attorney shall file the transcripts of the proceedings, if any, except the Grand Jury minutes, 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 appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney, 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 the motion is otherwise denied; and it is further,

ORDERED that the motion to hold the above two motions in abeyance is denied.

RIVERA, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court