Appellate Division: Second Judicial Department

M95269

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2004-06851 The People, etc., respondent, v Anthony Thomas, appellant. (Ind. No. 951-01)

DECISION & ORDER ON MOTION

Motion by the appellant to restore to active status an appeal from a judgment of the Supreme Court, Queens County, rendered July 15, 2004, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), and to enlarge 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, the appellant's time to perfect the appeal is enlarged, and the appellant shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that on or before December 31, 2009, the appellant shall file with the Clerk of this court a duly notarized affidavit setting forth the following information:

That he and his co-appellant, Thomas Boone, have retained Edwin Ira Schulman to represent them on appeal; that the appellant has discussed with Mr. Schulman the possibility that a conflict of interest could arise in connection with his joint representation; that the appellant is satisfied at this point that no conflict exists; that if a conflict arises the appellant would have the right to retain separate counsel; and that he understands that if Mr. Schulman continues to represent him and his co-appellant and his appeal is determined based on that joint representation, he could waive any claim that the dual representation constituted a conflict of interest.

SKELOS, J.P., ENG, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court