Appellate Division: Second Judicial Department

M162031

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2010-10746 The People, etc., respondent, v Vitaliy Rabayev, appellant. (Ind. No. 20298/09)

DECISION & ORDER ON MOTION

Motion by the appellant to be provided with certain transcripts on an appeal from a judgment of the Supreme Court, Kings County, rendered October 20, 2010, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the decision and order on motion of this Court dated December 22, 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 following proceedings:

Kings County Criminal Court, under Docket No. 2009KN036517

(1) May 9, 2009, in Part 3-A, and

(2) June 22, 2009, in Part DV-1; and

Kings County Supreme Court, under Ind. No. 20298V-2009

(1) July 1, 2009, IDV Part,

(2) July 24, 2009, IDV Part,

(3) September 23, 2009, IDV Part,

(4) November 6, 2009, IDV Part,

(5) January 28, 2010, IDV Part,

(6) March 4, 2010, IDV Part, and

(7) April 29, 2010, IDV Part; 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 clerk of the trial court shall furnish one certified transcript of each of the proceedings 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 transcripts 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 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 order upon the Clerk of the court from which the appeal is taken.

BALKIN, J.P., HALL, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court