Appellate Division: Second Judicial Department

M69354

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2004-04516 The People, etc., respondent, v Carlos Ruiz, appellant. (Ind. No. 10120/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Queens County, rendered April 14, 2004, to unseal the minutes of proceedings which occurred on February 26, 2003, and on April 30, 2003, in an action entitled People v Ruiz, pending at that time under Superior Court Information No. 2002QN050945, in Part AP-N, to compel court reporter Edry Jemmott to transcribe the minutes of the proceedings which occurred before the Supreme Court, Queens County, on April 30, 2003, in the above-entitled action, and to unseal any portion of the minutes of the proceedings which occurred on April 30, 2003, which were sealed.

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 unseal the minutes of proceedings which occurred on February 26, 2003, is granted to the extent that the Clerk of the Supreme Court, Queens County, shall unseal the above-referenced minutes in order for the stenographer to make and certify the transcripts of the proceedings which occurred on February 26, 2003, in the action entitled People v Ruiz, pending at that time under Superior Court Information No. 2002QN050945, in Part AP-N, if not yet transcribed; the transcripts shall be filed with the Clerk of the Supreme Court, Queens County, under seal, and the Clerk of the Supreme Court, Queens County, shall forward those transcripts to the Clerk of this Court, under seal and those minutes shall remain sealed upon delivery, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to compel court reporter Edry Jemmott to transcribe the minutes of the proceedings on April 30, 2003, is denied with leave to renew upon proof of service of the motion upon Edry Jemmott; and it is further,

ORDERED that the branch of the motion which is to unseal any portion of the minutes of the proceedings which occurred on April 30, 2003, which were sealed, is denied with leave to renew after those minutes are transcribed.

FISHER, J.P., COVELLO, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court