Appellate Division: Second Judicial Department

M266514

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RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2014-01429 The People, etc., respondent, v Timothy Brown, appellant. (Ind. No. 4335/11)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated October 4, 2019, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the Supreme Court, Kings County, rendered January 10, 2014, to include the papers filed in connection with the respondent's motion to settle the trial transcript, the transcript of the proceedings which occurred on May 10, 2019, in connection with that motion, and the order of the Supreme Court, Kings County, dated May 17, 2019, which determined that motion, and for leave to serve and file a supplemental 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 motion is granted; and it is further,

ORDERED that the decision and order on motion of this Court dated September 14, 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, if they

are available, of the proceedings which occurred on May 10, 2019; 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 which occurred on May 10, 2019, 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 to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's supplemental brief on the respondent; and it is further,

ORDERED that the appellant shall serve a subpoena upon the clerk of the court of original instance requiring all papers filed in connection with the respondent's motion to settle the trial transcript to be filed with the Clerk of this Court; and it is further,

ORDERED that the appellant shall serve and file a supplemental brief on or before December 19, 2019; and it is further,

ORDERED that the respondent shall serve and file a response to the appellant's supplemental brief on or before January 22, 2020; and it is further,

ORDERED that the appellant's 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., LEVENTHAL, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court