Appellate Division: Second Judicial Department

M268150

E/sl

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2018-14688 The People, etc., respondent, v Jerome Stallone, appellant. (Ind. No. 1873-17)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered October 26, 2018, inter alia, in effect, for summary reversal on the ground that he was not provided with certified transcripts of certain proceedings and copies of the original papers constituting the court file.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the stenographer of the trial court is directed promptly to certify and file two transcripts of the proceedings which occurred on May 22, 2018, May 23, 2018, May 24, 2018, May 31, 2018, June 1, 2018, June 5, 2018, June 6, 2018, June 13, 2018, and June 14, 2018, the clerk of the trial court shall file one certified transcript of each of the proceedings set forth with the Clerk of this Court, without charge (see CPL 460.70), and the Clerk of this Court shall deliver the transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; and it is further,

ORDERED that the transcripts shall be returned to this Court when the appellant files a brief; the Clerk of the Court shall provide a copy of the transcript to the respondent after the appellant's brief has been filed; and it is further,

ORDERED that the Clerk of this Court, or her designee, shall deliver copies of the original papers constituting the court file to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; the appellant 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 the Clerk of the Court shall serve a copy of this order upon the clerk of the court from which the appeal is taken.

AUSTIN, J.P., ROMAN, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court