Appellate Division: Second Judicial Department

M280738

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

JOSEPH A. ZAYAS

DEBORAH A. DOWLING, JJ.

2019-08558, 2019-08563 The People, etc., respondent, v James Payne, appellant. (Ind. Nos. 187/2019, 997/2017)

DECISION & ORDER ON MOTION

Appeals from two judgments of the Supreme Court, Nassau County, both rendered June 20, 2019. Motion by the respondent, in effect, to be provided with the transcripts of certain proceedings. Application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion and the application are granted; and it is further,

ORDERED that the decision and order on motion of this Court dated January 9, 2020, as amended September 14, 2020, 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, Nassau County, on December 9, 2016, January 13, 2017, February 27, 2017, May 10, 2017, May 11, 2017, May 15, 2017, June 30, 2017, July 14, 2017, August 24, 2017, September 15, 2017, October 13, 2017, November 2, 2017, November 16, 2017, December 19, 2017, January 8, 2018, April 26, 2018, May 9, 2018, June 18, 2018, September 7, 2018, October 3, 2018, November 5, 2018, November 26, 2018, January 2, 2019 (2 transcripts), February 28, 2019, April 2, 2019, April 8, 2019, April 15, 2019, May 13, 2019, and June 20, 2019, 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 the Court; the Clerk of the Court, or her designee shall provide the transcripts to the respondent; and it is further,

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

ORDERED that the respondent 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; and it is further,

ORDERED that upon delivering the transcript to the respondent, the Clerk of the Court, or her designee, shall advise the respondent of the date by which the transcript is to be returned and the respondent's brief served and filed.

BARROS, J.P., CHAMBERS, ZAYAS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court