Appellate Division: Second Judicial Department

M193053

E/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2012-09942 The People, etc., respondent, v Kevin Phillip, appellant. (Ind. No. 1912/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered October 24, 2012, to be furnished with the transcripts of certain proceedings as well as an order of the same court dated December 11, 2011, and to enlarge the time to serve and file a brief.

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 the decision and order on motion of this Court dated January 23, 2013, 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, if they are available of the proceedings which occurred on July 6, 2011, July 28, 2011, September 12, 2011, March 29, 2012, and April 18, 2012; and it is further,

ORDERED that the stenographer is directed to make, certify, and file such transcripts within 45 days of the date of this decision and order on motion and the clerk of the Supreme Court, Queens County, shall deliver the transcripts to the Clerk of this Court, who shall deliver same to the person in charge of the institution wherein the appellant is incarcerated for the appellant's examination and use. The transcripts shall be returned to this Court when the appellant files his appellate brief; and it is further,

ORDERED that the Clerk of the Court, or her designee, shall furnish a copy of the order dated December 12, 2011, to the appellant; and it is further,

ORDERED that the 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 brief and waiver filed; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the transcripts for a codefendant, then the clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 is taken.

RIVERA, J.P., DICKERSON, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court