Appellate Division: Second Judicial Department

M172205

E/sl

RANDALL T. ENG, P.J.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2011-01960 The People, etc., respondent, v Anthony Rucano, appellant. (Ind. No. 270/09)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Richmond County, rendered January 21, 2011, inter alia, to be provided with the transcripts of proceedings which occurred on October 1, 2009, October 5, 2009, and August 10, 2010, and to enlarge the record to include certain "Individual and Couples Counseling session notes." Separate motion by the appellant pro se to enlarge the time to serve and file his supplemental brief.

Upon the papers filed in support of the renewed motion and the papers filed in opposition or in relation thereto, and upon the papers filed in support of the separate motion and the papers filed in relation thereto, it is

ORDERED that the branch of the renewed motion which is to be provided with the transcripts of proceedings which occurred on October 1, 2009, and October 5, 2009, is granted, and the decision and order on motion of this Court dated August 18, 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 October 1, 2009, and October 5, 2009, 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 copy to the Clerk of this Court, without charge (see CPL 460.70); and it is further,

ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of the above proceedings for a codefendant, then the clerk of the trial court is directed to reproduce a copy thereof for the Clerk of this Court; and it is further,

ORDERED that the branch of the renewed motion which is to be provided with the transcript of the proceedings which occurred on August 10, 2010, is denied as unnecessary in light of the decision and order on motion of this Court dated January 6, 2014, and the transcript of those proceedings, if available, will be provided to the appellant, after the minutes are transcribed, if available; and it is further,

ORDERED that the renewed motion is otherwise denied; and it is further,

ORDERED that the separate motion by the appellant pro se to enlarge the time to serve and file his supplemental brief is granted, and the appellant's supplemental brief shall be served and filed on or before July 21, 2014; 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., MILLER, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court