Appellate Division: Second Judicial Department

M68448

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS, JJ.

2004-09389 The People, etc., respondent, v Jason Madison, appellant. (Ind. No. 04-00161)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered October 20, 2004, to enlarge the judgment roll to include the transcripts of proceedings which occurred on June 28, 2004, and July 29, 2004.

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 to enlarge the judgment roll to include the transcripts of proceedings which occurred on June 28, 2004, and July 29, 2004, is granted; and it is further,

ORDERED that the decision and order on motion of this court dated April 12, 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 occurred on June 28, 2004, and July 29, 2004, if they are available; and it is further,

ORDERED that the stenographer is directed to make, certify and file such minutes within 45 days of the date of this decision and order on motion, 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 the Clerk of this court, or his designee, is directed to serve a copy of this decision and order on motion on the Clerk of the court from which the appeal is taken, and to deliver the transcript of 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 his brief.

RIVERA, J.P., FLORIO, ANGIOLILLO and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court