| People v Ubiles, Joshua |
| Motion No: 2001-03050 |
| Slip Opinion No: 2008 NYSlipOp 75140(U) |
| Decided on June 17, 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
M71947
E/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2001-03050 The People, etc., respondent, v Joshua Ubiles, appellant. (Ind. No. 00-00677)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, rendered February 20, 2001, to compel Patrick McKay, a court reporter, to provide the stenographic transcripts of the proceedings which occurred on May 31, 2006, 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 on the court's own motion, the judgment roll is enlarged to include the transcript of proceedings which occurred on May 31, 2006; and it is further,
ORDERED that the decision and order on motion of this court dated July 2, 2001, 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 May 31, 2006, 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 in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof and furnish the copy to the Clerk of this court; and it is further,
ORDERED that the appellant's counsel 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 it is further,
ORDERED that the motion is denied with leave to renew on or before August 18, 2008, if the court reporter, Patrick McKay, does not furnish the stenographic transcripts of the proceedings which occurred on May 31, 2006.
RITTER, J.P., MILLER, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court