Appellate Division: Second Judicial Department

M199859

E/sl

JOHN M. LEVENTHAL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

ROBERT J. MILLER, 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, inter alia, to be furnished with the transcripts of the proceedings which occurred February 28, 2011, and May 26, 2012, to aid in the preparation of a supplemental brief, and to enlarge the 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 branch of the motion which is to be furnished with the transcripts of the proceedings which occurred on February 28, 2011, and May 26, 2012, is granted, and the decision and order on motion of this Court dated April 11, 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 February 28, 2011, and May 26, 2012; 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 the branch of the motion which is to enlarge the time to serve and file a supplemental brief is granted, and 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; and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., AUSTIN, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court