Appellate Division: Second Judicial Department

M58006

E/nl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2006-01597 The People, etc., respondent, v Clarence D. Ruffin, appellant. (Ind. No. 99-00005)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Orange County, rendered January 13, 2006, to clarify a decision and order on motion of this court dated March 22, 2007. Separate motion to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the motion to enlarge the time to perfect the appeal is granted to the extent 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 November 5, 2007, and the motion is otherwise denied; and it is further,

ORDERED that the motion to clarify a decision and order on motion of this court dated March 22, 2007, is granted to the extent that the decision and order on motion dated March 22, 2007, is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant on an appeal from a judgment of the County Court, Orange County, rendered January 13, 2006, for summary reversal, or in the alternative, in effect, to enlarge the judgment roll to include the minutes of certain proceedings before the County Court, Orange County, and Town of Newburgh Court, 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 branch of the motion which is for summary reversal is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the judgment roll 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 Town of Newburgh Court on January 27, 2005, and January 31, 2005, as well as the minutes of the proceedings which occurred before the County Court, Orange County, on February 14, 2005, March 1, 2005, March 14, 2005, March 28, 2005, March 29, 2005, April 26, 2005, May 19, 2005, June 27, 2005, June 28, 2005, June 29, 2005, October 3, 2005, October 7, 2005, October 18, 2005, November 11, 2005, and November 17, 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 branch of the motion which is to enlarge the time to perfect the appeal is granted, and 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 November 5, 2007.

RIVERA, J.P., RITTER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court