Appellate Division: Second Judicial Department

M199860

E/sl

JOHN M. LEVENTHAL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2012-09054 The People, etc., respondent, v Joel Morales, appellant. (Ind. No. 3032/08)

DECISION & ORDER ON MOTION

Motion by the appellant to be furnished with certain transcripts on an appeal from a judgment of the Supreme Court, Queens County, rendered September 19, 2012, and to enlarge the time to perfect 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 decision and order on motion of this Court dated February 26, 2014, 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 proceedings which occurred on the following dates in the above-entitled action, if they are available: January 28, 2009, March 26, 2009, April 2, 2009, April 28, 2009, May 18, 2009, June 3, 2009, July 7, 2009, July 28, 2009, August 4, 2009, September 14, 2009, November 18, 2009, December 16, 2009, January 21, 2010, March 2, 2010, March 16, 2010, April 28, 2010, May 19, 2010, June 22, 2010, October 25, 2010, December 9, 2010, January 11, 2011, January 14, 2011, March 21, 2011, April 4, 2011, April 5, 2011, April 6, 2011, June 13, 2011, June 30, 2011, July 19, 2011, October 11, 2011, October 27, 2011, December 13, 2011, February 2, 2012, February 28, 2012, April 30, 2012, May 29, 2012, and June 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 trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, Lynn W. L. Fahey, Esq., Appellate Advocates, 111 John Street - 9th Floor, New York, N.Y. 10038, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; 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; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged, and the appellant's counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

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

ENTER:

Aprilanne Agostino

Clerk of the Court