Appellate Division: Second Judicial Department

M215695

T/afa

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2013-11106 The People, etc., respondent, v Frank Whelan, appellant. (Ind. No. 1100/12)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, rendered November 26, 2013, and to enlarge the judgment roll to include the transcripts of certain proceedings.

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 June 1, 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 of the proceedings which occurred on the following dates in the above-entitled action, if they are available: March 3, 2010, April 28, 2010, June 9, 2010, July 12, 2010, September 9, 2010, October 27, 2010, December 6, 2010, January 12, 2011, January 13, 2011, January 31, 2011, February 22, 2011, March 21, 2011, May 11, 2011, May 19, 2011, June 2, 2011, July 21, 2011, September 9, 2011, November 16, 2011, February 9, 2012, March 9, 2012, April 18, 2012, May 30, 2012, July 18, 2012, September 19, 2012, November 1, 2012, December 18, 2012, January 29, 2013, February 19, 2013, March 5, 2013, May 21, 2013, July 1, 2013, September 9, 2013, September 30, 2013, October 2, 2013, and October 4, 2013; 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, 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; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

DILLON, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court