Appellate Division: Second Judicial Department

M274181

E/sl

CHERYL E. CHAMBERS, J.P.

HECTOR D. LASALLE

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2018-02859 The People, etc., respondent, v Joseph L. Baker, appellant. (Ind. No. 116/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Dutchess County, rendered February 13, 2018. Motion by the appellant, inter alia, to compel court reporter Jessica Bartolini to provide the transcripts of the proceedings.

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 compel court reporter Jessica Bartolini to produce the transcripts of the proceedings is granted with respect to proceedings of jury selection and trial, and denied with leave to renew as to pretrial proceedings upon proper papers specifying the dates of the proceedings that Ms. Bartolini is responsible for transcribing; and it is further,

ORDERED that within 60 days after service upon her of a copy of this decision and order on motion, court reporter Jessica Bartolini shall serve upon the attorney for the appellant the transcripts of the proceedings of jury selection and trial; and it is further,

ORDERED that on or before January 6, 2021, the appellant is directed to serve court reporter Jessica Bartolini with a copy of this decision and order on motion by one of the methods set forth in CPLR 308; and it is further,

ORDERED that the branch of the motion which is to hold court reporter Jessica Bartolini in contempt of court is denied with leave to renew in the event that she does not make, certify, and file the above-noted transcripts of jury selection and trial within the time provided by this decision and order, and provided that any such motion shall be made in accordance with the procedures set forth in the Judiciary Law.

CHAMBERS, J.P., LASALLE, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court