Appellate Division: Second Judicial Department

M197894

E/sl

JOHN M. LEVENTHAL, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2013-06435 The People, etc., respondent, v Bertram Barnette, appellant. (Ind. No. 9928/11)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 10, 2013, and to be furnished with copies of the typewritten transcripts of the proceedings, if any. Separate motion by the respondent to strike Point II of the appellant's brief. 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 appellant's motion and the papers filed in relation thereto, upon the papers filed in support of the respondent's 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 appellant's motion is granted; and it is further,

ORDERED that the District Attorney shall file the transcripts of the proceedings, if any; 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; 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 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 respondent's motion is granted, Point II of the appellant's brief is stricken, and on or before September 16, 2015, the appellant shall remove Point II from the copies of the brief filed with the Clerk of the Court and make appropriate changes to the table of contents to the brief; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until October 16, 2015, and the respondent's brief must be served and filed on or before that date.

LEVENTHAL, J.P., CHAMBERS, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court