Appellate Division: Second Judicial Department

M234335

E/ct

JOHN M. LEVENTHAL, J.P.

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2014-05188 The People, etc., respondent, v Eduardo Vias, appellant. (Ind. No. 135/12)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Richmond County, rendered May 8, 2014.

Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is

ORDERED that the motion 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 on the Court's own motion, the respondent's time to serve and file a brief in response to the brief filed by the appellant's assigned counsel is enlarged until August 14, 2017, and the respondent's brief shall be served and filed on or before that date.

LEVENTHAL, J.P., LASALLE, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court