Appellate Division: Second Judicial Department

M148187

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2007-10738 The People, etc., respondent, v Scott Young, appellant. (Ind. No. 6082/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the judgment roll on an appeal from a judgment of the Supreme Court, Kings County, rendered November 13, 2007, to include the transcripts of certain proceedings, and to enlarge the time to serve and file a supplemental brief.

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

ORDERED that the branch of the motion which is to enlarge the judgment roll is granted to the extent that the decision and order on motion of this Court dated February 28, 2008, 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, and that branch of the motion is otherwise denied:

(1) July 19, 2004;

(2) September 9, 2004;

(3) November 11, 2004;

(4) December 4, 2004;

(5) December 23, 2004;

(6) December 31, 2004;

(7) March 31, 2005;

(8) May 27, 2005; and

(9) June 28, 2005; 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 is directed to furnish one copy to the Clerk of this Court, without charge; and it is further,

ORDERED that the Clerk of the Court, or her designee, 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, and shall also deliver 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 branch of the motion which is to enlarge the time to serve and file the supplemental brief is granted, and upon delivering the minutes to the institution, the Clerk of the Court, or her designee, shall advise the appellant of the date by which the minutes are to be returned and the brief filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

MASTRO, J.P., RIVERA, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court