Appellate Division: Second Judicial Department

M258038

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

FRANCESCA E. CONNOLLY, JJ.

2018-13194 In the Matter of Lindsay L. Lee, appellant, v Madeline Singas, etc., et al., respondents. (Index No. 477/18)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Nassau County, entered September 28, 2018, and, in effect, to stay a retrial of criminal charges against him in the District Court, Nassau County, pending hearing and determination of an appeal from the judgment. Separate motion by the appellant for poor person relief and for the assignment of counsel.

Upon the papers filed in support of the motion for a stay and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion for poor person relief and for the assignment of counsel and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion for a stay is denied; and it is further,

ORDERED that the motion for poor person relief and for the assignment of counsel is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file an original and five duplicate hard copies, and one digital copy of their respective briefs, and to serve one hard copy on each other (see 22 NYCRR 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any hearings held in connection with the judgment entered September 28, 2018, except for those minutes previously transcribed and certified; and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's assigned counsel, without charge; 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

N. Scott Banks

Attorney in Charge, Criminal Div.

Legal Aid Society of Nassau County

40 Main Street, 3rd Floor

Hempstead, New York 11550

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.

BALKIN, J.P., AUSTIN, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court