Appellate Division: Second Judicial Department

M179659

E/ct

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

JOSEPH J. MALTESE, JJ.

2012-02368 The People, etc., respondent, v Theodore Mills, appellant. (Ind. No. 1064/11)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered March 1, 2012, and to be furnished with copies of the typewritten transcripts of the proceedings, if any, including the proceedings which occurred on November 17, 2011.

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

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

ORDERED that the decision and order on motion of this Court dated October 11, 2012, 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 November 17, 2011, 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 District Attorney shall file the transcripts of the proceedings, if any; 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 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 appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the supplemental brief filed.

DILLON, J.P., DICKERSON, CHAMBERS and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court