Appellate Division: Second Judicial Department

M184818

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2012-09878, 2013-05074 The People, etc., respondent, v Guy, D. Pendelton, Jr., appellant. (Ind. No. 81/11)

DECISION & ORDER ON MOTION

Motion by the respondent to disqualify the appellant's counsel on appeals from a judgment of the County Court, Dutchess County, rendered October 24, 2012, and a resentence of the same court imposed April 3, 2013. Separate motion by the respondent to enlarge the record to include the minutes of the proceedings which occurred on May 8, 2012, May 22, 2012, June 5, 2012, and April 3, 2013, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion to disqualify the appellant's counsel and the papers filed in opposition thereto, and upon the papers filed in support of the motion to enlarge the record and to enlarge the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to disqualify the appellant's counsel is denied; and it is further,

ORDERED that the motion to enlarge the record to include the minutes of the proceedings which occurred on May 8, 2012, May 22, 2012, June 5, 2012, and April 3, 2013, and to enlarge the time to serve and file a brief is granted, the respondent shall file the subject minutes in the office of the Clerk of the Court when the respondent files a brief and serve a copy of the same on the attorney for the appellant, the respondent's time to serve and file a brief is enlarged until February 2, 2015, and the respondent's brief must be served and filed on or before that date.

ENG, P.J., RIVERA, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court