Appellate Division: Second Judicial Department

M30370

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2005-03092 Wanda Cruz, appellant, v New York City Health and Hospitals Corporation, et al., respondents. (Index No. 624/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 10, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 23, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30373

J/sl

2005-01166 Dorothy M. DiSanto, respondent, v Frank J. DiSanto, appellant. (Index No. 30689/98)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Nassau County, dated January 26, 2004.

ORDERED that the application is granted and the respondent's time to file a brief is enlarged until September 30, 2005, and the respondent's brief must be filed on or before that date; and it is further,

ORDERED that the appellant's reply brief, if any, shall be served and filed on or before October 11, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30388

CF/

2005-03144 Dorothy Goldblum, et al., respondents, v Franklin Munson Fire District, et al., appellants. (Index No. 13549/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Franklin Munson Fire District to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 14, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal by Franklin Munson Fire District is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30366

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2005-01364, 2005-01954 Josette G. Hammond, et al., respondents, v Kenneth B. Welsh, et al., appellants. (Index No. 5227/01)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from an order of the Supreme Court, Rockland County, dated January 25, 2005, and a judgment of the same court entered February 4, 2005.

ORDERED that the application is granted and the respondents' brief which was submitted to the Clerk of the court is accepted for filing; and it is further,

ORDERED that the appellants' reply brief, if any, shall be served and filed on or before October 6, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30368

Y/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2004-09276 Carlos R. Ramos, appellant, v Castega 20 Vesey Street, LLC, et al., respondents. (Index No. 35714/00)

DECISION & ORDER ON MOTION

Motion by the respondent Vesdel Foods, Inc., d/b/a Stage Door Deli on an appeal from a judgment of the Supreme Court, Kings County, dated October 13, 2004, in effect, to remove the appeal from the calendar of this court for October 7, 2005, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, the appeal in the above-entitled action is removed from the calendar of this court for October 7, 2005, and the appeal will be re-calendared after all briefs are filed; and it is further,

ORDERED that the time of the respondent Vesdel Foods, Inc, d/b/a Stage Door Deli, to serve and file a brief is enlarged until October 7, 2005, and the brief for that respondent must be served and filed on or before that date.

SCHMIDT, J.P., SANTUCCI, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30372

J/sl

2005-04649 Michelle Reyes, appellant, v Diamond State Insurance Company, et al., respondents. (Index No. 16928/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated March 9, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 7, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30329

M/nal

2005-07976 Joanne Barone Rona, respondent, v Michael Rona, appellant. (Index No. 13031/04)

SCHEDULING ORDER

Appeal by Michael Rona from an order of the Supreme Court, Suffolk County, dated August 12, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M30347

E/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-03856 Michelle Scartozzi, respondent-appellant, v Gino Scartozzi, appellant-respondent; Janis Parazelli, nonparty-respondent. (Index No. 30107/97)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay enforcement of so much of an order of the Supreme Court, Nassau County, dated April 4, 2005, as directed the parties to pay the Law Guardian a certain sum for her legal fee and referred certain issues regarding the Law Guardian's fee for a hearing, pending hearing and determination of an appeal and cross appeal therefrom.

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 enforcement of so much of the order dated April 4, 2005, as directed the parties to pay the Law Guardian a certain sum and referred certain issues regarding the Law Guardian's fee for a hearing, and the hearing, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 19, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 19, 2005, the court, on its own motion, may vacate the stay, or the nonparty-respondent may move to vacate the stay, on three days notice.

PRUDENTI, P.J., H. MILLER, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30374

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2005-03508 Eugenie Sibeud, appellant-respondent, v Calypso St. Barth, Inc., d/b/a Calypso Christiane Celle, respondent-appellant, Village of Southampton, respondent, et al., defendant. (Index No. 26515/04)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 8, 2005.

ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until December 6, 2005, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30306

R/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-10122 Sleepy's, Inc., respondent, v Leon Orzechowski, et al., appellants. (Index No. 1575/03)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated September 27, 2004, on the ground that the record is inadequate.

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

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the record is inadequate is denied without prejudice to respondent on or before October 13, 2005, serving and filing a supplemental record containing the deposition transcripts of Justin Resnick, Leon Orzechowski, and Ronald A. Kossar, attached as exhibit E to its motion papers; and it is further,

ORDERED that the motion is otherwise denied.

S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30371

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2005-01206 Trataros Construction, Inc., respondent, v New York City Housing Authority, appellant. (Index No. 5576/96)

ORDER ON APPLICATION

Application by the respondent and appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the respondent's time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated December 10, 2004, and to enlarge the appellant's time to serve and file a reply brief.

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

ORDERED that the respondent's time to serve and file a brief is enlarged until November 14, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the appellant's reply brief, if any, must be served and filed on or before December 14, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30365

T/sl

2005-02810 Peter Wallace, et al., respondents, v Stonehenge Group, Ltd., et al., appellants. (Index No. 13018/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated March 4, 2005.

ORDERED that the application is granted, the appellants' time to perfect the appeal is enlarged, and the record and brief which were submitted to the Clerk of this court on September 23, 2005, are accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30409

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-02690 Weinreb & Weinreb, appellant, v Vitalizers Asset Services, Inc., respondent. (Index No. 16846/03)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 30, 2004.

Upon the stipulation of the attorneys for the respective parties, dated on or about September 2005, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30402

J/sl

2005-01897 In the Matter of Gene Casamassima, appellant, v Matthew Casamassima, respondent. (Index No. 8949/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated January 20, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 14, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30379

M/nal

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-03708 In the Matter of Sabina Fishburne, petitioner, Sydney Jennings, appellant, v Franklyn Teelucksingh, respondent. (Proceeding No. 1) In the Matter of Franklyn Teelucksingh, petitioner, v Sabina Fishburne, et al., respondents. (Proceeding No. 2) (Docket Nos. V-05237-01, V-04145-01, V-04146-01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated July 22, 2005, in the above-entitled proceedings is amended by deleting from the first decretal paragraph thereof the words "Queens County," and substituting therefor the words, "Westchester County."

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30327

M/nal

2005-06676 In the Matter of Caleb P. (Anonymous). Orange County Department of Social Services, respondent; Tabitha P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dylan P. (Anonymous). Orange County Department of Social Services, respondent; Tabitha P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Misty P. (Anonymous). Orange County Department of Social Services, respondent; Tabitha P. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Molly P. (Anonymous). Orange County Department of Social Services, respondent; Tabitha P. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Sean P. (Anonymous). Orange County Department of Social Services, respondent; Tabitha P. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Tyler P. (Anonymous). Orange County Department of Social Services, respondent; Tabitha P. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-888-04, N-889-04, N-890-04, N-891-04, N-892-04, N-893-04)

SCHEDULING ORDER

Appeal by Tabitha P. from an order of the Family Court, Orange County, dated June 10, 2005. By decision and order on motion of this court dated September 19, 2005, the following attorney was assigned as counsel on the appeal:

Michele Marte-Indzonka, Esq.

46 So. Plank Road

Newburgh, New York 12550

(845) 565-4646

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated , 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M30177

M/nal

2005-08542 In the Matter of Kaylee P. (Anonymous). Orange County Department of Social Services, respondent; Joseph P. (Anonymous), appellant. (Docket No. B-319-05)

SCHEDULING ORDER

Appeal by Joseph P. from an order of the Family Court, Orange County, dated August 23, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M30369

J/sl

2004-11249 In the Matter of Daniel Rincon, petitioner, v Donald Selsky, etc., et al., respondents. (Index No. 1713/04)

ORDER ON APPLICATION

Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated November 18, 2004.

ORDERED that the application is granted and the petitioner's brief which was submitted to the Clerk of this court is accepted for filing; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until October 26, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30099

E/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

BARRY A. COZIER, JJ.

2003-08448 In the Matter of Robert A. Scher, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Robert A. Scher, respondent. (Attorney Registration No. 1105295)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order dated May 24, 2005, in the above-entitled matter is amended by deleting the second decretal paragraph thereof and substituting the following decretal paragraph therefor:

ORDERED that the branch of the motion which is to extend the effective date of the suspension is granted solely with respect to permitting the respondent (1) to handle the trial in the case of Richichi v Blair, which is scheduled to commence in Suffolk County, and to take the necessary steps to wind down his practice up to and including July 31, 2005, and (2) to represent the plaintiffs-respondents on an appeal in the case of Chama Holding Corp. v General-US Branch, which is pending in this court under Appellate Division Docket No. 2004-01947, up to and including the date of entry of the order determining said appeal.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M30211

F/

STEPHEN G. CRANE, J.

2005-06957 The People, etc., plaintiff, v Maurice McCormick, defendant. (Ind. No. 991-94)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated April 14, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

STEPHEN G. CRANE

Associate Justice

Appellate Division: Second Judicial Department

M30304

O/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2004-02076 The People, etc., respondent, v Jomo Williams, appellant. (Ind. No. 01154/02)

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 County Court, Westchester County, rendered November 26, 2003, in effect, to submit one supplemental brief on this appeal and an appeal entitled People v Jomo Williams, pending in this court under Appellate Division Docket No. 2004-02951, and to be furnished with a copy of the typewritten transcript 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 branch of the motion which is for leave to submit one supplemental brief for both appeals is denied; and it is further,

ORDERED that the branches of the motion which are for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceedings, if any, is granted; and it is further,

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript 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.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

SCHMIDT, J.P., SANTUCCI, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30367

J/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2004-02951 The People, etc., respondent, v Jomo Williams, appellant. (Ind. No. 1646/02)

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 County Court, Westchester County, rendered March 4, 2004, in effect, to submit one supplemental brief on this appeal and an appeal entitled People v Jomo Williams, pending in this court under Appellate Division Docket No. 2004-02076, and to be furnished with a copy of the typewritten transcript 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 branch of the motion which is for leave to submit one supplemental brief for both appeals is denied; and it is further,

ORDERED that the branches of the motion which are for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceedings, if any, is granted; and it is further,

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript 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.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

SCHMIDT, J.P., SANTUCCI, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court