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

June 26, 2026

2016-13173, 2173/2013

Lara J. Genovesi, J.P.

Cheryl E. Chambers

Linda Christopher

Phillip Hom, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered December 7, 2016. Motion by the appellant pro se to relieve assigned counsel and for the assignment of new counsel. Separate motion by the appellant pro se for leave to serve and file a supplemental brief. Separate motion by the appellant pro se for the production of certain material. Motion by the respondent to extend the time to serve and file a brief. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal and for the assignment of new counsel. Separate motion by the appellant pro se for the production of certain material. Separate motion by the appellant pro se for the production of certain material. Separate motion by the appellant pro se for the production of certain material.

Upon the papers filed in support of the motions by the appellant and the papers filed in opposition thereto, upon the papers filed in support of the motion by the respondent and no papers having been filed in opposition or in relation 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 the appellant pro se for leave to serve and file a supplemental brief 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; and it is further,

ORDERED that the motion by the respondent is granted, and on or before July 27, 2026, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motions are otherwise denied.

GENOVESI, J.P., CHAMBERS, CHRISTOPHER and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court