Appellate Division: Second Judicial Department

M241889

E/ct

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

BETSY BARROS, JJ.

2016-02093 People of State of New York, respondent, v Gary Council, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the record on an appeal from an order of the Supreme Court, Queens County, dated February 1, 2016, to include the transcript of proceedings which occurred on February 13, 2013, in an action entitled People v Council, commenced in the Supreme Court, Queens County, under Indictment No. 443/12.

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 the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings which occurred on February 13, 2013, in the action entitled People v Council, commenced in the Supreme Court, Queens County, under Indictment No. 443/12, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of the proceedings to the appellant's assigned counsel, Seymour W. James, Jr., Esq., The Legal Aid Society, 199 Water Street - 5th Floor, New York, New York 10038, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over the transcript to the respondent when counsel serves the appellant's brief on the respondent; 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; 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.

RIVERA, J.P., COHEN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court