Appellate Division: Second Judicial Department

M193532

E/ct

RANDALL T. ENG, P.J.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2012-03517, 2012-03518 The People, etc., respondent, v Edward Brims, appellant. (Ind. Nos. 11-00007, 11-00342)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated June 2, 2015, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se to be furnished with the transcripts of certain proceedings to aid in the preparation of his supplemental brief on appeals from two judgments of the Supreme Court, Rockland County, both rendered April 5, 2012.

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 November 9, 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, if they are available, of the proceedings which occurred on December 17, 2010, June 29, 2011, March 30, 2012, and April 1, 2012 through April 5, 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, Rockland 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 supplemental brief; 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 supplemental brief 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 appeals are taken.

ENG, P.J., HALL, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court