Appellate Division: Second Judicial Department

M125900

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-07773, 2010-08439, 2010-08768, 2010-08771 The People, etc., respondent, v Alex Flores, appellant. (Appeal No. 1) The People, etc., respondent, v Lucio Ramirez, appellant. (Appeal No. 2) The People, etc., respondent, v Benigno Aguilar, appellant. (Appeal No. 3) The People, etc., respondent, v Emmanuel Flores, appellant. (Appeal No. 4) (Ind. No. 09-00605)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from four judgments of the County Court, Orange County, rendered August 6, 2010, August 9, 2010, and August 31, 2010 (two judgments), respectively, to extend their time to comply with a decision and order on motion of this Court dated July 26, 2011, requiring them to file notarized affidavits by a date certain.

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 on or before September 23, 2011, each appellant shall file with the Clerk of this Court a separate duly notarized affidavit setting forth the following information:

That he and his co-appellants have retained Leonard J. Levenson to represent them on appeal; that the appellant has discussed with Mr. Levenson 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. Levenson continues to represent him and his co-appellants and his appeal is determined based on that joint representation, he could waive any claim that the dual representation constituted a conflict of interest.

RIVERA, J.P., CHAMBERS, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court