Appellate Division: Second Judicial Department

M272358

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2013-08548 People of State of New York, respondent, v Uver Alay, appellant.

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated August 5, 2013. Motion by the appellant to be provided with a transcript of the minutes of the grand jury proceedings and to extend the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to be provided with the transcript of the grand jury proceedings is granted to the extent on or before September 11, 2020, the District Attorney (1) shall make the transcript of the minutes of the grand jury proceedings available to be viewed by the appellant's assigned counsel at the Office of the District Attorney and (2) shall file the transcript of the grand jury proceedings, under seal, with the Clerk of this Court, for in camera review by the panel of Justices assigned to hear the appeal, and that transcript shall remain sealed upon delivery; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, the appellant's time to perfect the appeal is extended, and assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules and written directions.

BALKIN, J.P., COHEN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court