Appellate Division: Second Judicial Department

M48159

S/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2003-04615 The People, etc., respondent, v Mavis Brown, appellant. (Ind. No. 2737/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 30, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent, in effect, to enlarge the judgment roll on an appeal from a judgment of the Supreme Court, Kings County, rendered May 7, 2003, to include the minutes of certain proceedings, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the decision and order on motion of this court dated August 10, 2004, 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 December 18, 2002, pages 927 through 1047 and 1085 through 1099, and the proceedings which occurred on December 19, 2002, pages 1172 through 1219, 1298 through 1310, and 1317 through 1327, if they are available; and it is further,

ORDERED that the stenographer is directed to make, certify and file such minutes within 45 days of the date of this decision and order on motion, 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 is directed to notify this court, in writing, when the minutes in question are received and shall indicate whether or not a supplemental brief will be filed; 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 proceedings during jury selection to the respondent once the appellant determines whether it will file a supplemental brief; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until 60 days after service upon it of the transcripts of the above-referenced proceedings.

SANTUCCI, J.P., GOLDSTEIN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court