| People v Forte, Ivan |
| Motion No: 2005-02907 |
| Slip Opinion No: 2008 NYSlipOp 62199(U) |
| Decided on January 28, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M65402
S/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 |
On the court's own motion, it is
ORDERED that its decision and order on motion dated December 11, 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 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 February 8, 2007, the attorney for the appellant is directed to serve the court reporter, Patrick McKay, with a copy of this decision and order on motion by any of the methods specified in CPLR 2103(c); and it is further,
ORDERED that on or before May 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