Appellate Division: Second Judicial Department

M178537

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

BETSY BARROS, JJ.

2013-07908 The People, etc., respondent, v Vincent Macaluso, Jr., appellant. (Ind. No. 735-12)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, for summary reversal on an appeal from a judgment of the County Court, Suffolk County, rendered July 10, 2013, to be provided with the minutes of the proceedings which occurred on January 12, 2012, and March 15, 2012, as well as the grand jury minutes to aid in the preparation of his supplemental pro se brief, and to enlarge the time to serve and file the supplemental pro se brief.

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

ORDERED that the branch of the motion which is, in effect, for summary reversal is denied; and it is further,

ORDERED that the branch of the motion which is to be provided with the minutes of the proceedings which occurred on January 12, 2012, and March 15, 2012, is granted, and the decision and order on motion of this Court dated October 3, 2013, 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 January 12, 2012, and March 15, 2012, 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 is directed to furnish one copy to the Clerk of this Court, without charge; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this decision and order on motion on the clerk of the court from which the appeal is taken, and to deliver the transcripts of the above-referenced minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcripts 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 branch of the motion which is to be provided with the grand jury minutes is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file the supplemental pro se brief is granted, and upon delivering the above-referenced transcripts to the institution or upon advising the appellant that the subject minutes are not available, the Clerk of this Court shall advise the appellant of the date by which the brief is to be filed.

RIVERA, J.P., BALKIN, LOTT and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court