Appellate Division: Second Judicial Department

M91809

E/sl

HOWARD MILLER, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2007-05887 The People, etc., respondent, v Gregory Zalevsky, appellant. (Ind. No. 4320/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the judgment roll to include the transcripts of the proceedings on September 19, 2005, and October 20, 2005, to aid in the preparation of a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 18, 2007. Separate motion by the appellant pro se for leave to file an oversized supplemental brief. Separate motion by the appellant pro se to enlarge the time to serve and file his supplemental brief.

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

ORDERED that the motion to enlarge the judgment roll to include the transcripts of the proceedings on September 19, 2005, and October 20, 2005, is granted, and the decision and order on motion of this court dated October 10, 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 arraignment proceedings, if they are available; 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 the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the motion for leave to file an oversized supplemental brief is denied without prejudice to making an application pursuant to 22 NYCRR 670.10.3(e); and it is further,

ORDERED that the motion to enlarge the time to serve and file the supplemental pro se brief is denied as unnecessary as upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

MILLER, J.P., CHAMBERS, LOTT and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court