Appellate Division: Second Judicial Department

M303324

AFA/

COLLEEN D. DUFFY, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2023-06476, 2024-02807 The People, etc., respondent, v Reliina Butler, appellant. (S.C.I. Nos. 70883/2022, 294/2022, 70004/2022, 4/2022)

DECISION & ORDER ON MOTION

Appeals from two judgments of the County Court, Orange County, both rendered August 9, 2023. Motion by the appellant to be furnished with copies of the transcripts of certain proceedings in the above-entitled matter, to enlarge the judgment roll to include the transcripts of those proceedings, and to extend the time to perfect the appeals.

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

ORDERED that the branch of the motion which is to be furnished with the transcripts of certain proceedings is granted; and it is further,

ORDERED that the decision and order on motion of this Court dated April 15, 2024, which granted waiver of costs, fees, and expenses 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 the County Court, Orange County, under County Court S.C.I. Nos. 70883/2022, 294/2022, 70004/2022, 4/2022 on July 12, 2022, August 25, 2022, September 28, 2022, October 13, 2022, November 15, 2022, January 26, 2023, March 23, 2023, and June 27, 2023, 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, Bonnie Brennan, 10 Lakeside Drive, New Windsor, NY 12553, 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 branch of the motion which is to enlarge the judgment roll is denied as unnecessary as the transcripts are properly part of the judgment roll; and it is further

ORDERED that the branch of the motion which is to extend the time to perfect the appeals is granted, 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.

DUFFY, J.P., BRATHWAITE NELSON, WARHIT and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court