Appellate Division: Second Judicial Department

M177213

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2012-09125 The People, etc., respondent, v Clay S. Bennett, appellant. (Ind. No. 1079-11)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the record on an appeal from a judgment of the Supreme Court, Suffolk County, rendered January 25, 2012, to include transcripts of the proceedings which occurred on December 12, 2011, and December 20, 2011, a copy of the appellant's signed waiver of his right to appeal, and a copy of the prior felony offender statement, and to enlarge the time to serve and file a brief. Cross motion by the appellant pro se to be provided with the transcripts and the subject documents that are the subject of the respondent's motion in the event that the Court grants the motion, and to enlarge the time to serve and file a reply brief. Separate motion by the appellant to enlarge the judgment roll to include the transcript of the appellant's arraignment.

Upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the respondent's motion which is to enlarge the record to include transcripts of the proceedings which occurred on December 12, 2011, and December 20, 2011, is granted; and it is further,

ORDERED that the branch of the respondent's motion which is to enlarge the record to include a copy of the appellant's signed waiver of his right to appeal and a copy of the prior felony offender statement is denied as unnecessary as those documents are already part of the record; and it is further,

ORDERED that on or before August 8, 2014, the respondent shall file the transcripts, a copy of the appellant's signed waiver of his right to appeal, and a copy of the prior felony offender statement with the Clerk of the Court; and it is further,

ORDERED that the branch of the respondent's motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until September 2, 2014, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a reply brief is denied as premature; and it is further,

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

ORDERED that the appellant's motion is denied.

MASTRO, J.P., AUSTIN, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court