Motion List released on: April 15, 2019
By Leventhal, J.P.; Roman, Lasalle and Christopher, JJ.PEOPLE, etc., res, v. Davol A. Graham, ap — 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, Suffolk County, rendered April 12, 2016, and to be furnished with copies of the typewritten transcripts of the proceedings, if any. Separate motion by the respondent to strike the appellant’s appendix on the ground that it contains matter dehors the record and to strike stated portions of the appellant’s brief on the ground that they refer to matter dehors the record. Separate motion by the respondent to enlarge the record to include the transcript of the proceedings which occurred on September 9, 2013.Upon the papers filed in support of the appellant’s motion and the papers filed in opposition or in relation thereto, upon the papers filed in support of the respondent’s motion to strike the appellant’s appendix and stated portions of the appellant’s brief, and the papers filed in opposition thereto, and upon the papers filed in support of the respondent’s motion to be furnished with the transcript of the proceedings which occurred on September 9, 2013, and the papers filed in relation thereto, it isORDERED that the appellant’s motion is granted, 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; 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; 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 an original and five hard copies of the supplemental brief and serve one copy on the District Attorney; and it is further,ORDERED that the respondent’s motion to strike the appellant’s appendix and stated portions of the appellant’s brief is denied; and it is further,ORDERED that the respondent’s motion to enlarge the record to include the transcript of the proceedings which occurred on September 9, 2013, is denied as unnecessary; and it is further,ORDERED that on the Court’s own motion, the respondent’s time to serve and file a brief is extended until May 31, 2019, and the respondent’s brief shall be served and filed on or before that date.LEVENTHAL, J.P., ROMAN, LASALLE and CHRISTOPHER, JJ., concur.
