Appellate Division: Second Judicial Department

M72675

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DAVID S. RITTER, J.P.

HOWARD MILLER

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2007-08675 The People, etc., respondent, v Stephen Bruno, appellant. (Index No. 273/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Nassau County, rendered September 10, 2007, to enlarge the judgment roll to include the transcripts of certain proceedings.

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 the proceedings which occurred before the Supreme Court, Nassau County, on June 13, 2007, is granted, and the motion is otherwise denied with leave to renew after counsel reviews the minutes of the proceedings on June 13, 2007; and it is further,

ORDERED that the decision and order on motion of this court dated November 23, 2007, 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 before the Supreme Court, Nassau County, on June 13, 2007, 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 shall furnish one certified transcript of the proceedings on June 13, 2007, to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; 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 for assigned counsel; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

RITTER, J.P., MILLER, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court