| People v Brims, Edward |
| Motion No: 2012-03517 |
| Slip Opinion No: 2014 NY Slip Op 87970(U) |
| Decided on October 27, 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. |
Appellate Division: Second Judicial Department
M181883
E/htr
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
HECTOR D. LASALLE, JJ.
|
2012-03517, 2012-03518 MOTION The People, etc., respondent, v Edward Brims, appellant. (Ind. Nos. 11-00007, 11-00342)
| DECISION & ORDER ON |
Motion by the appellant pro se, inter alia, to relieve counsel assigned to prosecute appeals from two judgments of the Supreme Court, Rockland County, both rendered April 5, 2012, and for the assignment of new counsel, and for leave to serve and file a supplemental brief and to be furnished with copies of the typewritten transcripts of the proceedings, if any. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief and to be furnished with copies of the typewritten transcripts of the proceedings, if any is granted, 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 motion is otherwise denied; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until December 29, 2014, and the respondent's brief must be served and filed on or before that date.
BALKIN, J.P., CHAMBERS, HALL and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court