Appellate Division: Second Judicial Department

M164858

E/

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2009-10764, 2013-04432 The People, etc., respondent, v Wayne Chin, appellant. (Ind. No. 1018/03)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel

Motion by the appellant pro se to consolidate an appeal from a judgment of the Supreme Court, Kings County, rendered November 17, 2009, with an appeal, by permission, from an order of the same court dated February 20, 2013, and for poor person relief and the assignment of counsel with respect to the appeal from the order dated February 20, 2013.

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 consolidate the appeals is denied; and it is further,

ORDERED that the branches of the motion which are for poor person relief and the assignment of counsel with respect to the appeal from the order dated February 20, 2013, are granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of any hearing held in connection with the order dated February 20, 2013, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal from the order dated February 20, 2013:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that the appellant's time to perfect the appeal from the order dated February 20, 2013, 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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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 appeals are taken.

SKELOS, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

09-A-6287

Green Haven Corr. Fac.

P.O. Box 4000

Stormville, N.Y. 12582