People v Matus, Todd
Motion No: 2017-10627
Slip Opinion No: 2021 NY Slip Op 65230(U)
Decided on April 26, 2021
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M276815

AFA/

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

PAUL WOOTEN, JJ.

2017-10627

The People, etc., respondent,

v Todd Matus, appellant.

(Ind. No. 750/1977)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered September 27, 2017. Motion by the appellant pro se to be furnished with the transcripts of certain proceedings to aid in the preparation of his supplemental brief.

Upon the papers filed in support of the motion and the papers filed 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 June 18, 2019, 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 in County Court, Suffolk County, on June 7, 2017, in the above-entitled matter, if available; and it is further,

ORDERED that the stenographer of the trial court is directed to certify and file two copies of 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 the subject proceedings to the Clerk of this Court, without charge; and it is further,

ORDERED that the Clerk of the Court, or her designee, 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 shall also deliver the above-referenced minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; and it is further,

ORDERED that the upon delivering the transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the supplemental brief filed.

CHAMBERS, J.P., AUSTIN, LASALLE and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court