People of State of New York v Joby Kollarettu John
Motion No: 2013-02152 WCR
Slip Opinion No: 2014 NY Slip Op 82111(U)
Decided on August 15, 2014
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

ANGELA G. IANNACCI, J.P.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2013-2152 W CR
The People of the State of New York, Respondent, v Joby Kollarettu John, Appellant.

Motion by appellant for leave to prosecute an appeal from an order of the City Court of Yonkers, Westchester County, dated June 12, 2013, as a poor person, for an enlargement of time to perfect the appeal, and for permission to file a typewritten brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion seeking leave to prosecute the appeal as a poor person is granted; and it is further,

ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by October 3, 2014; and it is further,

ORDERED that the branch of the motion seeking permission to file typewritten briefs is denied as unnecessary, as the rules of this court permit typewritten briefs to be filed (see Rules of the App Term, 9th & 10th Jud Dists [22 NYCRR] § 732.2 [a]); and it is further,

ORDERED that the court stenographer or a certified transcriber, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to appellant; and it is further,

ORDERED that appellant shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,

ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide appellant with a copy of the pre-sentence report, if any, prepared in connection with appellant's sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.

ENTER:

Paul Kenny

Chief Clerk