Appellate Division: Second Judicial Department

M52429

E/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

MARK C. DILLON, JJ.

2006-01597 The People, etc., respondent, v Clarence D. Ruffin, appellant. (Ind. No. 05-99)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Orange County, rendered January 13, 2006, in effect, to enlarge the judgment roll to include the minutes of proceedings before the County Court, Orange County, which occurred on January 27, 2005, and January 31, 2005, as well as the minutes of the suppression hearing and to enlarge the time to perfect the appeal.

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 it is further,

ORDERED that the order of this court dated April 19, 2006, 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 before the County Court, Orange County, on January 27, 2005, and January 31, 2005, as well as the minutes of the suppression hearing, if they are available, and the Clerk of the trial court is directed to furnish one copy to the appellant, without charge; and it is further,

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

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until May 22, 2007.

CRANE, J.P., KRAUSMAN, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court