Appellate Division: Second Judicial Department

M266852

kbp/

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2017-08777 The People, etc., respondent, v Devon H. Johnson, appellant. (Ind. No. 186/16)

DECISION & ORDER ON MOTION

Application by the respondent to extend the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, rendered August 1, 2017. Motion by the appellant pro se for leave to serve and file a supplemental brief, and to be furnished with copies of the typewritten transcripts of the proceedings, if any.

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

ORDERED that the application is granted, the respondent's time to serve and file a brief is extended until November 22, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,

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, 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 an original and five hard copies of the supplemental brief and serve one copy on the District Attorney.

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.

SCHEINKMAN, P.J., RIVERA, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court