Appellate Division: Second Judicial Department

M54618

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

PETER B. SKELOS

WILLIAM E. McCARTHY, JJ.

2004-03440 The People, etc., respondent, v Marc Tucker, appellant. (Ind. No. 396/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the judgment roll to include the transcript of the minutes of the proceedings which occurred in the Supreme Court, Queens County, on March 3, 2003, on an appeal from a judgment of the Supreme Court, Queens County, rendered April 2, 2004, and to enlarge the time to serve and file a supplemental brief.

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 decision and order on motion of this court dated December 16, 2003, 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 proceeding on March 3, 2003, 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 branch of the motion which is to enlarge the time to serve and file a supplemental brief is granted, and upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

SPOLZINO, J.P., FLORIO, SKELOS and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court