Appellate Division: Second Judicial Department

M296995

KS/

COLLEEN D. DUFFY, J.P.

FRANCESCA E. CONNOLLY

PAUL WOOTEN

LOURDES M. VENTURA, JJ.

2020-02437 The People, etc., respondent, v Abiodun Adeleke, appellant. (Ind. No. 2002/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered January 24, 2020. Motion by the respondent to extend the time to serve and file a brief. Motion by the appellant pro se to enlarge the judgment roll to include certain material, 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 motion by the respondent and the papers filed in relation thereto and upon the papers filed in support of the motion by the appellant pro se and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion by the respondent is granted, and on or before July 10, 2024, 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 branch of the motion by the appellant pro se which is to enlarge the judgment roll to include certain material is denied; and it is further,

ORDERED that the branches of the motion by the appellant pro se which are for leave to serve and file a supplemental brief and to be furnished with copies of the typewritten transcripts of the proceedings, if any, are 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.

DUFFY, J.P., CONNOLLY, WOOTEN and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court