Appellate Division: Second Judicial Department

M209833

E/ct

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2015-03088 The People, etc., respondent, v Michael Matthews, appellant. (Ind. No. 14N/14)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered March 24, 2015, for leave to prosecute the appeal pro se, and to be provided with the typewritten transcripts of the proceedings, and to be provided with the transcripts of the proceedings which occurred in the Supreme Court on January 8, 2014, January 17, 2014, July 7, 2014, October 9, 2014, October 13, 2014, October 23, 2014, November 6, 2014, and December 18, 2014.

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

ORDERED that the branches of the motion which are to relieve assigned counsel and for leave to prosecute the appeal pro se are denied; and it is further,

ORDERED that on the Court's own motion, the appellant is granted leave to serve and file a pro se supplemental brief; and it is further,

ORDERED that the branch of the motion which is to be provided with the transcripts of certain proceedings is granted, and the decision and order on motion of this Court dated July 27, 2015, 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 January 8, 2014, January 17, 2014, July 7, 2014, October 9, 2014, October 13, 2014, October 23, 2014, November 6, 2014, and December 18, 2014; 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 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, shall deliver the transcripts of the proceedings, including the transcripts specifically mentioned above, to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcripts 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 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 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 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.

ENG, P.J., LEVENTHAL, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court