Appellate Division: Second Judicial Department

M174181

E/sl

PETER B. SKELOS, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2011-07310, 2011-07314, 2011-07315 The People, etc., respondent, v Anthony A. Matos, appellant. (Appeal No. 1) The People, etc., respondent, v Jason C. Matos, appellant. (Appeal No. 2) The People, etc., respondent, v Lee A. Taylor, appellant. (Appeal No. 3) (Ind. No. 1558/08)

DECISION & ORDER ON MOTION

Motion by the appellants to consolidate appeals from three judgments of the Supreme Court, Queens County, rendered August 3, 2011.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted on condition that at the time the appellants' brief is filed, each appellant also shall file with the Clerk of this Court a separate notarized affidavit setting forth the following information:

That he and his co-appellants have retained Jonathan I. Edelstein of Edelstein & Grossman to represent them on appeal; that the appellant has discussed with Mr. Edelstein 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. Edelstein 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 joint representation constituted a conflict of interest.

SKELOS, J.P., LOTT, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court