Appellate Division: Second Judicial Department

M165546

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2010-11054 The People, etc., respondent, v Juan Ramos, appellant. (Ind. No. 2162/08)

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, Queens County, rendered October 21, 2010, to include the transcripts of certain proceedings. Separate motion by the appellant pro se to enlarge the time to serve and file a supplemental brief.

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

ORDERED that the motion to enlarge the judgment roll is granted, and the decision and order on motion of this Court dated February 15, 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 following proceedings, which occurred in the Supreme Court Queens County, if they are available:

(1) September 24, 2008;

(2) October 22, 2008;

(3) December 3, 2008;

(4) January 14, 2009;

(5) January 20, 2009;

(6) February 23, 2009;

(7) March 11, 2009;

(8) April 21, 2009;

(9) May 11, 2009;

(10) June 9, 2009;

(11) July 22, 2009;

(12) September 14, 2009;

(13) September 29, 2009;

(14) October 5, 2009;

(15) October 21, 2009;

(16) October 28, 2009;

(17) November 4, 2009;

(18) November 16, 2009;

(19) December 21, 2009;

(20) January 27, 2010;

(21) February 8, 2010;

(22) March 17, 2010:

(23) April 15, 2010;

(24) May 6, 2010;

(25) June 14, 2010;

(26) July 19, 2010;

(27) September 14, 2010 (Justice LaTella;

(28) September 14, 2010 (Justice Demakos); and

(29) September 15, 2010; 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 motion 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.

ENG, P.J., BALKIN, LOTT and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court