People v Musmacher, Donald
Motion No: 2004-04657
Slip Opinion No: 2006 NYSlipOp 72534(U)
Decided on July 21, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M42380

O/nl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-04657

The People, etc., respondent,

v Donald Musmacher, appellant.

(Ind. No. 625-03)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the County Court, Suffolk County, rendered April 23, 2004, to include pages 1 through 85 of the transcript of the first trial in the above-entitled action.

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 appellant may either file pages 1 through 85 of the transcript of the first trial with the Clerk of this court or may append it as an exhibit to his brief.

KRAUSMAN, J.P., GOLDSTEIN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court