Appellate Division: Second Judicial Department

M277514

AFA/

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

ROBERT J. MILLER

PAUL WOOTEN, JJ.

2014-05271, 2014-05272 The People, etc., respondent, v Kerbet Dixon, appellant. (Ind. Nos. 54/2013, 498/2012)

DECISION & ORDER ON MOTION

Appeals from two judgments of the Supreme Court, Queens County, both rendered April 21, 2014. Motion by the appellant to be furnished with the transcripts of certain proceedings.

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 March 16, 2015, 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 Supreme Court, Queens County, under Ind. No. 498/2012 on April 4, 2012, April 20, 2012, May 4, 2012, July 4, 2012, September 24, 2012, October 25, 2012, December 5, 2012, January 5, 2013, January 22, 2013, February 27, 2013, March 14, 2013, May 16, 2013, August 22, 2013, October 7, 2013, October 30, 2013, and November 18, 2013, 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 appellant's counsel, Paul Skip Laisure, Appellate Advocates, 111 John Street - 9th Floor, New York, New York 10038, without charge (see CPL 460.70); assigned counsel is directed to turn over the transcript to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of such transcript for a codefendant, then the clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that the appellant's time to perfect the appeals is extended; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) and written directions; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.

RIVERA, J.P., HINDS-RADIX, MILLER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court