Appellate Division: Second Judicial Department

M42286

S/nl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2005-05519 The People, etc., respondent, v George J. Scivolette, appellant. (Ind. No. 64/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Dutchess County, rendered May 24, 2005, in effect, to direct the County Court, Dutchess County, to direct the court reporter to transcribe the minutes of a hearing pursuant to CPL 730 which occurred before the Justice Court of the Town of Poughkeepsie on February 8, 2005. Separate motion by the appellant for a preference in the calendaring of the appeal. Application by the appellant for leave to withdraw the brief previously filed and to file a replacement brief.

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

ORDERED that the motion, in effect, to direct the County Court, Dutchess County, to direct the court reporter to transcribe certain minutes is denied as academic as a copy of the subject transcript has been provided to this court; the Clerk of this court, or his designee, is directed to serve a copy of the transcript on the attorney for the appellant; and it is further,

ORDERED that the motion for a preference is denied; and it is further,

ORDERED that the application is granted, the appellant's brief previously filed with the Clerk of this court is deemed withdrawn, and on or before September 22, 2006, the appellant shall serve and file a replacement brief.

MILLER, J.P., GOLDSTEIN, SPOLZINO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court