Appellate Division: Second Judicial Department

M221290

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2014-05910 The People, etc., respondent, v Stephen Mitchell, appellant. (Ind. No. 4743/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, rendered May 23, 2014, for leave to file less than nine copies of the appellant's brief, to be provided with the transcript of the grand jury proceedings, to be provided with medical and mental health records regarding a certain witness that were viewed in camera, 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 opposition thereto, it is

ORDERED that the branch of the motion which is to be provided with the transcript of the grand jury proceedings is granted to the extent that, on or before December 29, 2016, the District Attorney shall file a transcript of the grand jury proceedings, under seal, with the Clerk of this Court, for in camera review by the panel of Justices assigned to hear the appeal, that transcript shall remained sealed upon delivery; and it is further,

ORDERED that the branches of the motion which are to enlarge the time to perfect the appeal and to enlarge the judgment roll are granted, the decision and order on motion of this Court dated January 5, 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 May 1, 2012, May 21, 2012, May 22, 2012, October 19, 2016, October 22, 2012, March 5, 2013, March 19, 2013, June 10, 2013, July 9, 2013, and July 31, 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 Supreme Court, Kings County, shall deliver the transcripts to the Clerk of this Court, who shall deliver same to the person in charge of the institution wherein the appellant is incarcerated for the appellant's examination and use; 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 brief and the waiver of the right to appellate counsel are to be filed; the transcripts shall be returned to this Court when the appellant files his appellate brief; 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 the Clerk of the Court, or her designee, shall 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 branch of the motion which is to for leave to file less than nine copies of the appellant's brief is denied and the appellant shall file nine copies and serve one copy of the appellant's brief; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., DICKERSON, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court