Appellate Division: Second Judicial Department

M308690

AFA/

ANGELA G. IANNACCI, J.P.

VALERIE BRATHWAITE NELSON

DEBORAH A. DOWLING

DONNA-MARIE E. GOLIA, JJ.

2021-04344 The People, etc., respondent, v Tracey Brown, also known as Tracy Brown, appellant. (Ind. No. 307/2020)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered February 26, 2021. Motion by the appellant, in effect, to enlarge the judgment roll to include certain material and to extend the time to serve and file a brief. Separate motion by the appellant, inter alia, in effect, to be furnished with the transcripts of certain proceedings, to enlarge the judgment roll to include certain material, and to extend the time to serve and file a brief.

Upon the papers filed in support of the motion, in effect, to enlarge the judgment roll and the papers filed in relation thereto, and upon the papers filed in support of the motion, inter alia, in effect, to be furnished with the transcripts of certain proceedings and the papers filed in opposition thereto, it is

ORDERED that the branches of the motions which are, in effect, to enlarge the judgment roll are denied as unnecessary as the transcripts of the proceedings which occurred on September 11, 2020, and September 24, 2020, and the "Waiver of Right to Appeal" dated September 24, 2020, in the above-entitled action are properly part of the judgment roll; and it is further

ORDERED that the branch of the motion which is to be furnished with the transcripts of certain proceedings is granted to the extent that the decision and order on motion of this Court dated July 6, 2021, 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, Suffolk County, under Ind. No. 307/2020 on September 11, 2020, 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, Karen G. Leslie, P.O. Box 624, Riverhead, New York 11901, 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,

Appeal from an order of the Supreme Court, Westchester County, dated April 29, 2020. Motion by the respondents to extend the time to serve and file a brief.

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

ORDERED that the motion is granted, and on or before January 5, 2026, the appellant shall serve and file the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; 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 appeal is taken; and it is further.

ORDERED that the motions are otherwise denied.

IANNACCI, J.P., BRATHWAITE NELSON, DOWLING and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court