APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- GERARD F. BOSS, JR., Appellant. |
DECISION
On the court's own motion, appeal held in abeyance and matter remanded to the court below for an order setting forth the findings of fact, conclusions of law, and reasons for its determination to deny defendant's CPL 440.10 motion without a hearing (see CPL 440.30 [7]; People v Williams, 184 AD2d 608 [1992]; People v Brown, 66 AD2d 785 [1978]; cf. People v Dover, 294 AD2d 594 [2002]). Defendant, if he be so advised, may submit a reply to the People's papers in opposition to the motion within 21 days of the order hereon.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Appellant, -against- MICHAL KALWISS, Respondent. |
DECISION
Motion by defendant-appellant to vacate the order of this court dated January 26, 2005 and dismiss the appeal denied.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- FRANK SICILIA, Appellant. |
DECISION
Motion by defendant-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by July 1, 2005; otherwise motion denied.
APPELLATE TERM : 9th and 19th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- MARILYN KRAUSS, Appellant. |
DECISION
Motion by defendant-appellant is granted to the extent of vacating dismissal of the appeal on condition that the appeal is perfected by July 1, 2005; otherwise motion denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| KGY CORP., Respondent, -against- AYODEJI BABALOLA, Appellant. |
DECISION
On the court's own motion, appeal dismissed.
Tenant-appellant's appeal from the order dated January 29, 2004 has been determined under calendar number 2004-324 K C.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- WILLIAM KUTCHMA, Appellant. |
DECISION
That branch of the motion by defendant-appellant to continue to stay sentence pending determination of appeal is granted.
That branch of the motion for an enlargement of time to perfect appeal is granted and appeal shall be perfected by June 3, 2005; otherwise appeal dismissed.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- RICHARD PREFONTAINE, Appellant. |
DECISION
Motion by defendant-appellant for a stay of sentence is transferred, as a matter of discretion, to the Supreme Court of Suffolk County for disposition.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- JAMES M. SCHAPIRO, Appellant. |
DECISION
Motion by defendant-appellant for an extension of time to take an appeal is granted on condition that a notice of appeal is served and filed by him within 30 days of the date of the order hereon.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| LIVNORSE REALTY CORP., Respondent, -against- NEUFELD & SCHAPIRA, DAVID NEUFELD, JEFF SCHAPIRA, Appellants, -and- "XYZ CORP.", Undertenant. |
DECISION
On the court's own motion, appeal dismissed.
No appeal lies from a judgment entered on the consent of the appealing party (see CPLR 5511; D'Imperio v Putnam Lake Fire Dept., 262 AD2d 410 [1999]; Reynolds v Spanakos, 196 AD2d 798 [1993]).