Appellate Division: Second Judicial Department

M221558

E/afa

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2015-09709 The People, etc., respondent, v Jose Rosa, appellant. (Ind. No. 2333/13)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to be provided with the transcripts of certain proceedings on an appeal from a judgment of the Supreme Court, Queens County, rendered September 29, 2015.

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 November 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 of the proceedings which occurred on the following dates in the above-entitled action, if they are available: June 27, 2013, July 15, 2013, August 7, 2013, August 14, 2013, September 23, 2013, (APAR3 & AP6), October 7, 2013, October 21, 2013, December 3, 2013, December 17, 2013, January 23, 2014, February 4, 2014, February 20, 2014, February 27, 2014, May 29, 2014, June 23, 2014, July 8, 2014, July 14, 2014, October 6, 2014, November 12, 2014, January 2, 2015, and February 13, 2015; 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, NY 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.

BALKIN, J.P., DICKERSON, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court