Appellate Division: Second Judicial Department

M189501

T/ct

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

1994-07732 The People, etc., respondent, v Eric Jeffrey, appellant. (Ind. No. 13493/92)

DECISION & ORDER ON MOTION

Motion by the appellant (1) to extend the time to respond to an order to show cause dated May 8, 2014, in which he was directed to show cause before this Court why an order should or should not be made and entered dismissing an appeal from a judgment of the Supreme Court, Kings County, rendered August 8, 1994, as abandoned, and (2) to be provided with the transcripts of the minutes of the proceedings. In the order to show cause dated May 8, 2014, the appellant's pro se motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted to the extent that counsel was assigned to respond to the order to show cause, and the appellant's motion was otherwise held in abeyance pending determination of this Court's motion to dismiss the appeal.

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 appellant's time to serve and file an affidavit or affirmation in response to the order to show cause is extended until 60 days after the receipt of the transcripts of the proceedings, and/or affidavit that the making of any transcript is no longer possible, as set forth below; and it is further,

ORDERED that the respondent shall furnish to assigned counsel, Lynn W. L. Fahey, Esq., Appellate Advocates, 111 John Street - 9th Floor, New York, New York 10038, a certified transcript of the proceedings in the above-entitled action; assigned counsel is directed to turn over any such transcripts to the respondent when counsel files papers in response to the order to show cause; 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 assigned counsel with a copy of the presentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report; and it is further,

ORDERED that in the event that assigned counsel cites or relies upon the probation report in papers filed in response to the order to show cause, counsel shall provide a complete copy of such report and any attachments to this Court and the respondent prior to the filing of such papers; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of responding to the order to show cause; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal was taken.

SKELOS, J.P., LEVENTHAL, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court