Appellate Division: Second Judicial Department

M253508

F/mm

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

JOSEPH J. MALTESE, JJ.

2016-10988, 2016-10989 The People, etc., respondent v Timothy Griffin, appellant. (Ind. No. 14-01294, 15-00501)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated July 27, 2018, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se for leave to serve and file a supplemental brief on appeals from two judgments of the Supreme Court, Westchester County, both rendered September 8, 2015, and to be furnished with copies of the typewritten transcripts of the proceedings, if any.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the Office of the New York State Attorney General 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; 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 Office of the New York State Attorney General.

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.

BALKIN, J.P., ROMAN, SGROI and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court