Appellate Division: Second Judicial Department

M153736

E/ct

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

SYLVIA HINDS-RADIX, JJ.

2011-00609 The People, etc., respondent, v Gregory Cantoni, appellant. (Ind. No. 1213/09)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Nassau County, rendered January 7, 2011, to enlarge the judgment roll to include the transcripts of certain proceedings which occurred in the above-entitled action and in a separate action, in the Supreme Court, Queens County, entitled People v Gregory Cantoni, under indictment number 66144/08. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or 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 April 5, 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 the following dates, in the action in Supreme Court, Queens County entitled People v Gregory Cantoni, under indictment number 66144/08, if they are available:

(1) June 16, 2009; and

(2) November 20, 2009; and it is further,

ORDERED that the decision and order on motion of this Court dated April 5, 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 the following dates, in the above-entitled action in Supreme Court, Nassau County, if they are available:

(1) June 26, 2009;

(2) July 23, 2009;

(3) August 21, 2009;

(4) August 26, 2009;

(5) September 3, 2009;

(6) September 4, 2009;

(7) October 6, 2009;

(8) October 23, 2009;

(9) November 20, 2009;

(10) January 26, 2010;

(11) February 16, 2010;

(12) March 1, 2010;

(13) March 22, 2010; and

(14) April 7, 2010, Part 40; and it is further,

ORDERED that the stenographer is directed to make, certify and file such transcripts within 45 days of the date of this decision and order on motion and the clerks of the respective trial courts shall each furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPL 460.70); and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the transcripts for a codefendant, then the clerk of the trial respective 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 decision and order on motion upon the clerk of the court from which the appeal is taken and upon the clerk of the Supreme Court, Queens County; and it is further,

ORDERED that upon receiving the transcripts assigned counsel shall provide copies of the transcripts to the district attorney; and it is further,

ORDERED that the application is granted and the respondent shall serve and file the respondent's brief 30 days after the district attorney receives copies of the transcripts from assigned counsel.

SKELOS, J.P., ANGIOLILLO, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court