Appellate Division: Second Judicial Department

M119755

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SANDRA L. SGROI, JJ.

2009-03227 The People, etc., respondent, v John Schultz, appellant. (Ind. No. 1733/06)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the judgment roll to include the transcripts of certain proceedings on an appeal from a judgment of the Supreme Court, Queens County, rendered March 12, 2009.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on motion of this Court dated January 11, 2010 , 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 following proceedings, if they are available:

(1) November 14, 2005, Part APAR-1;

(2) November 28, 2005, Part AP-6;

(3) December 19, 2005, Part AP-6;

(4) January 5, 2006, Part AP-6;

(5) February 21, 2006, Part AP-6;

(6) March 27, 2006, Part AP-6;

(7) April 25, 2006, Part AP-6;

(8) May 11, 2006, Part AP-6;

(9) June 8, 2006, Part AP-6;

(10) June 22, 2006, Part AP-6;

(11) July 6, 2006, Part AP-6;

(12) July 13, 2006, Part AP-6;

(13) July 27, 2006, TAP-A;

(14) August 7, 2006, TAP-A;

(15) October 3, 2006, TAP-A;

(16) November 27, 2006, TAP-A;

(17) January 3, 2007, TAP-A;

(18) January 17, 2007, Part K12;

(19) January 31, 2007, Part K12;

(20) February 14, 2007, Part K12;

(21) March 6, 2007, Part K12;

(22) March 7, 2007, Part K12;

(23) March 7, 2007, Part K21;

(24) March 8, 2007, Part K12;

(25) May 8, 2007, TAP-A;

(26) June 13, 2007, TAP-A;

(27) June 18, 2007, TAP-A;

(28) June 25, 2007, TAP-A;

(29) June 27, 2007, TAP-A;

(30) July 3, 2007, TAP-A;

(31) July 16, 2007, TAP-A;

(32) August 15, 2007, TAP-A;

(33) September 19, 2007, TAP-A;

(34) October 24, 2007, TAP-A;

(35) December 3, 2007, TAP-A;

(36) January 7, 2008, TAP-A;

(37) January 18, 2008, TAP-A;

(38) January 25, 2008, TAP-A;

(39) February 1, 2008, TAP-A;

(40) March 3, 2008, TAP-A;

(41) March 10, 2008, TAP-A;

(42) March 17, 2008, TAP-A;

(43) April 7, 2008, TAP-A;

(44) June 2, 2008, TAP-A;

(45) July 8, 2008, TAP-A;

(46) August 20, 2008, Part K21;

(47) August 20, 2008, TAP-A;

(48) September 10, 2008, Part K21;

(49) October 6, 2008, Part K21;

(50) November 6, 2008, Part K21; and

(51) November 7, 2008, Part K21; and it is further,

ORDERED that the stenographer is directed to make, certify and file such minutes within 60 days of the date of this order, and the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above 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.

ANGIOLILLO, J.P., DICKERSON, BELEN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court