Appellate Division: Second Judicial Department

M188739

T/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

SHERI S. ROMAN

BETSY BARROS, JJ.

2011-10429, 2012-01991 The People, etc., respondent, v Tyrone Houston, appellant. (Ind. No. 7919/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to be provided with the transcripts of certain proceedings in the above-entitled action to aid in the preparation of his supplemental brief on appeals from a judgment of the Supreme Court, Kings County, rendered October 26, 2011, and a resentence of the same court imposed February 9, 2012. Separate motion by the appellant pro se to enlarge the time to serve and file a supplemental brief.

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

ORDERED that the motion to be provided with the transcripts of certain proceedings is granted, and the decision and order on motion of this Court dated April 16, 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 following proceedings which occurred in the Supreme Court, Kings County, if available, on the following dates: October 14, 2009, October 29, 2009, December 4, 2009, January 5, 2010, January 15, 2010, and March 18, 2010; 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 the Court, or her designee, is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken, and shall also deliver the above-referenced minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript 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 motion to enlarge the time to serve and file the supplemental brief is granted, and upon delivering the minutes to the institution, the Clerk of the Court, or her designee, shall advise the appellant of the date by which the minutes are to be returned and the supplemental brief 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.

ENG, P.J., RIVERA, ROMAN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court