Opinion
2021-73722 Motion 2020-03078
10-22-2021
Unpublished Opinion
MOTION DECISION
MARK C. DILLON, J.P., SYLVIA O. HINDS-RADIX, ANGELA G. IANNACCI, LINDA CHRISTOPHER, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Queens County, rendered February 6, 2020. Motion by the appellant to be furnished with the transcripts of certain proceedings and to extend the time to perfect the appeal.
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 August 17, 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, Queens County, on August 16, 2017, November 15, 2017, December 19, 2017, January 10, 2018, January 24, 2018, February 27, 2018, March 20, 2018, April 18, 2018, May 2, 2018, May 23, 2018, June 12, 2018, July 10, 2018 (TAP A), July 10, 2018 (K24), September 14, 2018, October 16, 2018, November 26, 2018, January 9, 2019, March 8, 2019, April 8, 2019, April 15, 2019, April 16, 2019, April 18, 2019, May 28, 2019, July 31, 2019, September 3, 2019, September 17, 2019, October 21, 2019, October 25, 2019, November 15, 2019, November 20, 2019, November 22, 2019, November 25, 2019, and January 10, 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, Patricia Pazner, 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 appeal is extended; assigned counsel shall prosecute the appeal 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 appeal is taken.
DILLON, J.P., HINDS-RADIX, IANNACCI and CHRISTOPHER, JJ., concur.