Appellate Division: Second Judicial Department

M241749

E/ct

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2016-12303 The People, etc., respondent, v Hilary Best, appellant. (Ind. No. 768/14)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered June 28, 2016, inter alia, to be provided with the transcripts of certain proceedings and to enlarge the time to serve and file a brief .

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 the transcripts of certain proceedings is granted and the decision and order on motion of this Court dated January 24, 2017, 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, in the Supreme Court, Queens County, if they are available: April 7, 2014, April 21, 2014, May 16, 2014, May 29, 2014, June 19, 2014, July 16, 2014, August 6, 2014, August 13, 2014, August 25, 2014, August 26, 2014, September 15, 2014, October 6, 2014, November 10, 2014, December 15, 2014, January 13, 2015, February 11, 2015, March 23, 2015, March 24, 2015, May 11, 2015, June 17, 2015, July 14, 2015, July 27, 2015, September 16, 2015, October 14, 2015, November 18, 2015, January 4, 2016, January 25, 2016, March 7, 2016, April 11, 2016, May 3, 2016, May 17, 2016, and June 17, 2016; 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 Clerk of this Court, who 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 the appellant's 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 the Clerk of this Court; and it is further,

ORDERED that the Clerk of this 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 enlarge the time to serve and file a brief is granted, the appellant's time to serve and file a brief is enlarged until March 22, 2018, and the appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

HALL, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court