Appellate Division: Second Judicial Department

M145550

E/sl/ct

RANDALL T. ENG, P.J.

PETER B. SKELOS

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2010-09060 The People, etc., respondent, v Nathaniel Issac, appellant. (Ind. No. 1630/08)

DECISION & ORDER ON MOTION

Motion by the respondent to compel the appellant to serve and file the transcript of certain pretrial proceedings, on an appeal from a judgment of the Supreme Court, Queens County, rendered September 8, 2010, and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to compel the appellant to serve and file the transcript of certain pretrial proceedings is granted and the decision and order on motion of this Court dated November 1, 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 proceedings set forth below which occurred in the Supreme Court, Queens County, Part K3, if they are available, and the Clerk of the trial court is directed to furnish one copy to the appellant's counsel, without charge:

May 28, 2008, June 27, 2008, July 1, 2008, July 15, 2008, September 18, 2008,

October 8, 2008, October 22, 2008, January 6, 2009, February 17, 2009,

February 24, 2009, May 20, 2009, June 16, 2009, July 1, 2009, August 25, 2009,

September 8, 2009, October 13, 2009, October 21, 2009, December 7, 2009,

January 11, 2010, January 19, 2010, January 22, 2010, January 25, 2010,

March 1, 2010, April 12, 2010, April 15, 2010, May 13,2010, May 20, 2010,

June 10, 2010, June 28, 2010, and July 13, 2010

; and it is further,

ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of the proceedings during jury selection 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 order upon the Clerk of the court from which the appeal is taken, and to deliver the transcript of the stenographic minutes of the proceedings set forth above to the respondent when the transcripts are received ; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged and the respondent shall serve and file its brief within 60 days after receipt of the transcripts set forth above, or within 30 days of being notified that the transcripts are not available.

ENG, P.J., SKELOS, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court