| People v Delgado, Michael |
| Motion No: 2007-05786 |
| Slip Opinion No: 2011 NY Slip Op 73076(U) |
| Decided on May 17, 2011 |
| 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
M120121
E/sl
JOSEPH COVELLO, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2007-05786 The People, etc., respondent, v Michael Delgado, appellant. (Ind. No. 129/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Richmond County, rendered June 13, 2007, inter alia, for leave to reargue his prior motion, among other things, to settle the transcript of the proceedings which occurred on October 24, 2005, and October 31, 2005, for a hearing to determine the accuracy of the transcripts for those dates, to call certain witnesses for that hearing, and to recuse Justice Leonard P. Rienzi from presiding at that hearing, which was determined by decision and order on motion of this Court dated January 11, 2011, and to enlarge the time to serve and file his supplemental brief.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is for reargument is granted, the decision and order on motion dated January 11, 2011, is recalled and vacated, and upon reargument, the branches of the appellant's prior motion which were to settle the transcript of the proceedings which occurred on October 24, 2005, and October 31, 2005, and for a hearing to determine the accuracy of the transcript for those dates, are denied without prejudice to moving in the Supreme Court, Richmond County, for that relief since such a motion is properly made to the justice before whom the proceedings were had (see CPL 460.70[1]; CPLR 5525[c]), and the prior motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file the supplemental brief is granted, and the appellant's supplemental brief shall be served and filed on or before July 18, 2011; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,
ORDERED that the motion is otherwise denied.
COVELLO, J.P., DICKERSON, HALL and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court