Appellate Division: Second Judicial Department

M40555

O/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-08823 The People, etc., respondent, v Lesly B. Parfait, appellant. (S.C.I. No. 42/05)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the County Court, Dutchess County, rendered August 18, 2005, to include the minutes of the proceedings which occurred before the County Court, Dutchess County, on March 29, 2005.

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; and it is further,

ORDERED that the order of this court dated December 1, 2005, which granted poor person relief to the appellant is amended to include a direction to the court reporter to make, certify and file two transcripts of the stenographic minutes of the proceedings which occurred on March 29, 2005, if they are available, and the Clerk of the trial court is directed to furnish one copy to the appellant's counsel, without charge; and it is further,

ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of the above-referenced proceedings for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken, and to deliver the transcript of the stenographic minutes of the above-referenced proceedings to the respondent when the appellant's brief is served.

RITTER, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court