Appellate Division: Second Judicial Department

M59282

T/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

EDWARD D. CARNI, JJ.

2005-08996 The People, etc., respondent, v James Belter, appellant. (Ind. No. 04-00919)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Westchester County, rendered August 30, 2005, to enlarge the judgment roll to include the minutes of the proceedings which purportedly occurred before the County Court, Westchester County, in the above-entitled action on May 27, 2004, and on two unspecified dates in June and July 2004, and to compel the production of certain other documents.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the judgment roll to include the minutes of the proceedings which purportedly occurred on May 27, 2004, is granted; and it is further,

ORDERED that the order of this court dated November 9, 2005, 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 purportedly occurred on May 27, 2004, if they are available, 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 in the event the stenographer has already prepared a transcript of the stenographic minutes of the proceedings of the hearing which purportedly occurred on May 27, 2004, for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof and provide a copy to the Clerk of this court; and it is further,

ORDERED that the Clerk of this court shall deliver 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 judgment roll to include the minutes of the proceedings which purportedly occurred in the above-entitled action on two unspecified dates in June and July 2004 is denied without prejudice to renewal upon setting forth the specific dates on which the proceedings purportedly occurred; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., GOLDSTEIN, SKELOS and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court