Appellate Division: Second Judicial Department

M155756

S/sl

RUTH C. BALKIN, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2010-11434 The People, etc., respondent, v Wilson Milord, appellant. (Ind. No. 2653-08)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated April 30, 2013, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the respondent to supplement the record with additional transcripts on an appeal from a judgment of the County Court, Suffolk County, rendered October 13, 2010, and to unseal the transcript of certain in camera proceedings which occurred on June 7, 2010, and to enlarge its 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 supplement the record with additional transcripts is granted, and the decision and order on motion of this Court dated March 21, 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 May 5, 2010, June 1, 2010, June 7, 2010, June 9, 2010, and June 14, 2010, if they are available; 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 those proceedings to the respondent'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 the above-referenced transcripts for a codefendant, then the clerk of the trial court is directed to reproduce a copy thereof for the respondent's counsel; and it is further,

ORDERED that the respondent is directed to serve a copy of this decision and order on motion on the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the branch of the motion which is to unseal the transcript of the in camera proceedings which occurred on June 7, 2010, is granted to the extent that the appellant's counsel shall file the transcript of these proceedings with the Court of this Court, under seal, for review by the panel of Justices assigned to hear the appeal, and the transcript shall remain sealed upon filing; 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 and the respondent's time to serve and file a brief is enlarged until June 17, 2013, and the respondent's brief shall be served and filed on or before that date.

BALKIN, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court