People v Morrow, Neb
Motion No: 2011-00187
Slip Opinion No: 2015 NY Slip Op 76406(U)
Decided on June 16, 2015
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

M193965

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2011-00187

The People, etc., respondent,

v Neb Morrow, appellant.

(Ind. No. 9552/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered December 13, 2010, and for the assignment of new counsel, or 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 and in relation thereto, and upon the papers filed in support of the application and no papers having been like in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to relieve assigned counsel and for the assignment of new counsel is denied; and it is further,

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; 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 application is granted, the respondent's time to serve and file a brief is enlarged until July 6, 2015, and the respondent's brief must be served and filed on or before that date.

BALKIN, J.P., HALL, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court