Appellate Division: Second Judicial Department

M145649

E/ct

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2008-02833 The People, etc., respondent, v James Fogle, appellant. (Ind. No. 1831/06)

DECISION & ORDER ON MOTION

Motion by the appellant to hold in abeyance an appeal from a judgment of the Supreme Court, Queens County, rendered May 7, 2007, to enlarge the judgment roll to include the transcript of proceedings which occurred on July 4, 2006, under docket no. 2006QN035370, and to enlarge the time to serve and file a reply brief or make an additional motion.

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

ORDERED that the motion is granted to the extent that the record is enlarged to include the transcript of proceedings which occurred on July 4, 2006, under docket no. 2006QN035370, the decision and order on motion of this Court dated October 6, 2011, 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 on July 4, 2006, under docket no. 2006QN035370, the appellant shall notify the Court when the transcript of those proceedings are received, and the appellant shall serve and file a reply brief or make a new motion within 20 days after receiving the transcripts, and the motion is otherwise denied; 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 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 assigned counsel is directed to serve a copy of this decision and order on motion upon the Clerk of the Court from which the appeal is taken.

DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court