| People v Powell, Nathan |
| Motion No: 2003-07645 |
| Slip Opinion No: 2007 NYSlipOp 63517(U) |
| Decided on February 20, 2007 |
| 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. |
Appellate Division: Second Judicial Department
M50915
E/nl
ROBERT A. SPOLZINO, J.P.
PETER B. SKELOS
JOSEPH COVELLO
RUTH C. BALKIN, JJ.
|
2003-07645 The People, etc., respondent, v Nathan Powell, appellant. (Ind. No. 82/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to renew that branch of his prior motion which was to be furnished with a copy of the typewritten transcripts of certain additional proceedings on an appeal from a judgment of the County Court, Nassau County, rendered August 18, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the decision and order on motion of this court dated June 25, 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 5, 2001, January 23, 2002, February 25, 2002, March 10, 2002, and March 17, 2002, 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 Clerk of this court, without charge; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order on motion on the Clerk of the court from which the appeal is taken, and to deliver the transcript of the above-referenced minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript 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 Clerk of this court shall advise the appellant of the date by which the brief is to be filed, once the transcripts are received or the court is advised that the transcripts are unavailable.
SPOLZINO, J.P., SKELOS, COVELLO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court