Appellate Division: Second Judicial Department

M60598

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. (Index No. 04-00919)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 13, 2007, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

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, 2005, June 16, 2005, and July 7, 2005, 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, 2005, June 16, 2005, and July 7, 2005, 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, 2005, June 16, 2005, and July 7, 2005, 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, 2005, June 16, 2005, and July 7, 2005, 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 motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court