Opinion
Motion No. 2016-06287 M300501 Ind. No. 10094/12
11-04-2024
The People, etc., respondent, v. Irving Gavin, appellant.
Unpublished Opinion
MOTION DECISION
COLLEEN D. DUFFY, J.P. PAUL WOOTEN JANICE A. TAYLOR PHILLIP HOM, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Kings County, rendered May 25, 2016. Motion by the respondent to extend the time to serve and file a brief. Motion by the appellant pro se, inter alia, for leave to serve and file a supplemental brief and, in effect, 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 no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, it is
ORDERED that the motion by the respondent to extend the time to serve and file a brief is granted, and on or before December 4, 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 no further extension of time shall be granted to the respondent; 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, in effect, to be furnished with copies of the typewritten transcripts of the proceedings, if any, are granted; and it is further, ORDERED that the motion by the appellant pro se is otherwise denied; 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., WOOTEN, TAYLOR and HOM, JJ., concur.