Supreme Court of the State of New York, Appellate Division : Second Judicial Department

May 11, 2026

2019-14630, 2248/2018

Cheryl E. Chambers, J.P.

Carl J. Landicino

Donna-Marie E. Golia

Phillip Hom, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered November 25, 2019. 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. Motion by the assigned counsel for the appellant for leave to file a replacement brief.

Upon the papers filed in support of the motion by the appellant pro se and the papers filed in opposition thereto, and upon the papers filed in support of the motion by assigned counsel and the papers filed in relation thereto, it is

ORDERED that the motion by assigned counsel is granted, assigned counsel is permitted to amend Point I of his brief, and on or before June 10, 2026, assigned counsel shall serve and file a replacement brief containing the amendments to Point I of his brief, and to the extent the amendments to Point I affect the table of authorities, questions presented and statement of facts portions of assigned counsel's brief, corrections to the table of authorities, questions presented and statement of facts portions of assigned counsel's brief, but which is in all other respects the same as the brief previously filed, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief and upload a digital copy of the replacement brief with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion by the appellant pro se 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 the supplemental brief, by mail, 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.

CHAMBERS, J.P., LANDICINO, GOLIA and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court