Motion List released on: November 20, 2019
By Mastro, J.P.; Chambers, Maltese and Christopher, JJ. PEOPLE, etc., res, v. Daniel Flinn, ap — 2019-06911 The People, etc., respondent, v Daniel Flinn, appellant. (Ind. No. 1713/17) Motion by the appellant for leave to prosecute an appeal, by permission, from an order of the County Court, Suffolk County, dated May 9, 2019, as a poor person, for the assignment of counsel with respect to that appeal, and to consolidate the appeal from the order with an appeal from a judgment of the same court rendered March 12, 2018. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the branches of the motion which are for leave to prosecute the appeal from the order as a poor person and for the assignment of counsel with respect to that appeal are granted; and it is further, ORDERED that the appeal from the order will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of any proceedings held in connection with the order dated May 9, 2019, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts 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 any of the minutes 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 pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal from the order: Matthew Muraskin 646 Main Street Port Jefferson, NY 11777 and it is further, ORDERED that the appellant’s time to perfect the appeal from the order is extended; assigned counsel shall prosecute the appeal from the order expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal from the order; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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; and it is further, ORDERED that the motion is otherwise denied; and it is further, ORDERED that on the Court’s own motion, the appeals will be calendared together and will be argued or submitted on the same day. MASTRO, J.P., CHAMBERS, MALTESE and CHRISTOPHER, JJ., concur.
