Appellate Division: Second Judicial Department

M195054

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-02356 The People, etc., respondent, v Adam Wright, appellant. (Ind. No. 8181/08)

DECISION & ORDER ON MOTION

Renewed 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 an appeal from a judgment of the Supreme Court, Kings County, rendered February 29, 2012, and, in effect, to enlarge his time to serve and file the supplemental brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on motion of this Court dated May 30, 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, if available, which occurred on the following dates: August 14, 2008, September 10, 2008, October 8, 2008, November 19, 2008, January 28, 2009, March 27, 2009, September 22, 2010, November 1, 2010, July 21, 2011, and September 26, 2011; 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 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.

DILLON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court