Appellate Division: Second Judicial Department

M91721

E/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2007-10482 The People, etc., respondent, DE v Kevin Oliver, appellant. (Ind. No. 2518/05)

CISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, rendered October 30, 2007, and to be furnished with the transcript of the grand jury testimony of Police Officer Jared Tepperman and a certain traffic summons.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until November 9, 2009; and it is further,

ORDERED that the branch of the motion which is to be furnished with the grand jury testimony of Police Officer Jared Tepperman is granted to the extent that the District Attorney shall file a transcript of the grand jury minutes with the Clerk of this court, for in camera review by the panel of Justices assigned to hear the appeal, 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 be furnished with the traffic summons is denied.

SANTUCCI, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court