IN RE: Application of Darryl DICKENS (2002)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Application of Darryl DICKENS, Petitioner-Appellant, For a Judgment, etc., v. Frank RIZZO, etc., Respondent-Respondent.

Decided: December 05, 2002

WILLIAMS, P.J., ELLERIN, RUBIN, MARLOW, and GONZALEZ, JJ.

Petitioner-Appellant, Pro Se. Constantine A. Speres, for Respondent-Respondent.

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), entered on or about September 28, 2001, which denied petitioner's application pursuant to CPLR article 78 for an order of mandamus directing respondent Chief Court Reporter to provide him with a certified transcript of certain criminal proceedings, unanimously affirmed, without costs.

While petitioner did, in connection with his transcript request, inquire as to the cost of the transcript, he made no proffer of payment and, absent payment, the duty of the stenographer to furnish a transcript or any part of the minutes requested was not triggered (see Judiciary Law § 300, § 302[1] ).

Petitioner may, of course, commence a new proceeding to obtain the requested minutes if, after submitting a completed court reporter minute agreement form and payment of the transcript fee, the transcript is not furnished.

We have considered petitioner's remaining arguments and find them unavailing.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law