Appellate Division: Second Judicial Department

M189390

T/sl

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

HECTOR D. LASALLE, JJ.

2012-11425, 2012-11426 The People, etc., respondent, v John Arthur Johnson, Jr., appellant. (Ind. Nos. 160/09, 842/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from two judgments of the Supreme Court, Queens County, both rendered December 11, 2012, to enlarge the judgment rolls to include the transcript of the grand jury proceedings and other proceedings in the above-entitled actions, and to be furnished with a copy of the transcript of the grand jury proceedings, to aid in the preparation of a supplemental brief. 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 motion to enlarge the judgment rolls and the papers filed in opposition thereto, and upon the papers filed in support of the motion to enlarge the time to serve and file a supplemental brief and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the judgment rolls to include the transcript of the grand jury proceedings is denied as unnecessary; and it is further,

ORDERED that the branch of the motion which is to be furnished with a copy of the transcript of the grand jury proceedings is granted to the extent that on or before April 6, 2015, the District Attorney shall file a transcript of the grand jury minutes in both actions with the Clerk of this Court under seal, for in camera review by the panel of Justices assigned to hear the appeals, and those minutes shall remain sealed upon delivery, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the judgment rolls to include the transcripts of other proceedings in the above-entitled actions is denied with leave to renew on or before May 4, 2015, upon papers specifying the dates of the proceedings for which transcripts are requested and the specific issues that the appellant intends to raise in connection with those transcripts; and it is further,

ORDERED that the motion to enlarge the time to serve and file a supplemental brief is granted, and the appellant's supplemental brief shall be served and filed on or before June 19, 2015; 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., LEVENTHAL, HALL and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court