Appellate Division: Second Judicial Department

M259643

E/sl

LEONARD B. AUSTIN, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2015-12472 The People, etc., respondent, v Horatio M. Forrest, appellant. (Ind. No. 1722N/13)

DECISION & ORDER ON MOTION

Motion by the respondent to extend the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, rendered November 23, 2015. Separate motion by the appellant to be furnished with the transcripts of the proceedings which occurred on October 15, 2014, October 29, 2014, and April 7, 2015.

Upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, it is

ORDERED that the appellant's motion is granted, and the decision and order on motion of this Court dated March 4, 2016, 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 October 15, 2014, October 29, 2014, and April 7, 2015, in the above-entitled action; 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 appellant's counsel, Thomas T. Keating, Esq., 39A Cedar Street, Dobbs Ferry, NY 10522, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent; 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 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; and it is further,

ORDERED that the respondent's motion is granted, the respondent's time to serve and file a brief is extended until April 15, 2019, and the respondent's brief shall be served and filed on or before that date.

AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court