Appellate Division: Second Judicial Department

M63573

E/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2005-02907 The People, etc., respondent, v Ivan Forte, appellant. (Ind. No. 04-01069)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, rendered March 17, 2005, to compel Patrick McKay, a court reporter, to provide the stenographic transcripts of the proceedings which occurred on January 3, 2005, January 5, 2005, through January 7, 2005, January 10, 2005, through January 13, 2005, January 19, 2005, through January 21, 2005, and January 24, 2005, through January 27, 2005, in the above-entitled matter.

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 on or before December 26, 2007, the attorney for the appellant is directed to personally serve the court reporter, Patrick McKay, with a copy of this decision and order on motion; and it is further,

ORDERED that on or before March 10, 2008, the court reporter, Patrick McKay, shall serve upon the attorney for the appellant copies of the transcripts of the proceedings, which occurred on January 3, 2005, January 5, 2005, through January 7, 2005, January 10, 2005, through January 13, 2005, January 19, 2005, through January 21, 2005, and January 24, 2005, through January 27, 2005, in the above-entitled matter; and it is further,

ORDERED that in the event that court reporter, Patrick McKay, does not serve the above-noted transcripts on the attorney for the appellant within the time provided by this decision and order on motion, the appellant may serve and file a motion to hold Patrick McKay in contempt of court, which motion shall be made in accordance with the procedures set forth in the Judiciary Law.

RITTER, J.P., FLORIO, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court