Appellate Division: Second Judicial Department

M235866

E/ct

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2013-11249 The People, etc., respondent, v Paul Rizzo, appellant. (Ind. No. 12-00371)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se to be furnished with transcripts of proceedings which occurred on September 14, 2012, and October 9, 2012, in the above-entitled action as well as certain documents on an appeal from a judgment of the County Court, Rockland County, rendered October 29, 2013.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to be provided with transcripts is granted; and it is further,

ORDERED that the decision and order on motion of this Court dated February 10, 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 September 14, 2012, and October 9, 2012, in the above-entitled action, if they are available; 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 this Court, without charge (see CPL 460.70); the Clerk of this Court shall deliver those transcripts 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 a 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 this Court; and it is further,

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

ORDERED that the motion is otherwise denied without prejudice to renewal upon proper papers setting forth the issues sought to be raised in connection with the documents requested.

BALKIN, J.P., SGROI, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court