Appellate Division: Second Judicial Department

M166905

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2012-02146, 2013-11021 The People, etc., respondent, v Rod N. Royer, appellant. (S.C.I. No. 302/11; Ind. No. 1710/10)

DECISION & ORDER ON MOTION

Motion by the appellant (1), in effect, to amend (a) a decision and order on motion of this Court dated April 24, 2012, which granted an extension of time to take an appeal, pursuant to CPL 460.30, from a judgment of the Supreme Court, Nassau County, rendered November 23, 2011, under S.C.I. No. 302/11 to reflect that an extension of time is also granted to take an appeal from a judgment of the Supreme Court, Nassau County, also rendered November 23, 2011, under Ind. No. 1710/10, and (b) a decision and order on motion of this Court dated July 2, 2013, which granted poor person relief and the assignment of counsel with respect to the appeal from the judgment rendered November 23, 2011, under S.C.I. No. 302/11 to reflect that poor person relief and the assignment of counsel are also granted with respect to the appeal from the judgment rendered November 23, 2011, under Ind. No. 1710/10, and (2) to enlarge the judgment roll to include transcripts of certain proceedings which occurred in the above-entitled matters.

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

ORDERED that on the Court's own motion, the decisions and orders on motion of this Court dated April 24, 2012, and July 2, 2013, are amended by deleting from the captions thereof "Ind. No. 302/11" and substituting therefor "S.C.I. No. 302/11"; and it is further,

ORDERED that the motion is granted; and it is further,

ORDERED that the decisions and orders on motion of this Court dated April 24, 2012, and July 2, 2013, are amended to reflect that an extension of time is also granted to take an appeal from the judgment rendered November 23, 2011, under Ind. No. 1710/10, and that poor person relief and the assignment of counsel are also granted with respect to that appeal; and it is further,

ORDERED that the decision and order on motion of this Court dated July 2, 2013, which granted poor person relief to the appellant is further 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, if they are available: (1) December 16, 2010, under Ind. No. 1710/10, (2) August 16, 2011, under S.C.I. No. 302/11, and (3) September 16, 2011, under S.C.I. No. 302/11.

DILLON, J.P., ANGIOLILLO, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court