APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- KRISTIAN LOPEZ, Appellant. |
DECISION
Motion by the defendant-appellant for poor person relief is granted and Legal Aid Society is assigned.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- RODNEY BROWN, Appellant. |
DECISION
Motion by the defendant-appellant for poor person relief is granted and Legal Aid Society is assigned.
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- WASHINGTON FERNANDEZ PERALTA, Appellant. |
DECISION
Motion by defendant-appellant for poor person relief is granted and Legal Aid Society is assigned.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- GARY SESSIONS, Appellant. |
DECISION
Motion by defendant-appellant for an enlargement of time to perfect appeal is granted and appeal shall be perfected by September 3, 2004; otherwise appeal dismissed.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| GERALD J. McMAHON, Esq., Respondent, -against- RICHARD FILECCIA, Appellant. |
DECISION
Motion by defendant-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by September 3, 2004; otherwise motion denied.
No further motions to extend appellant's time to perfect the appeal will be entertained by this court.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- KEVIN M. CONBOY, Appellant. |
DECISION
Motion by defendant-appellant for an enlargement of time to perfect appeal is denied without prejudice to renewal upon proper notice.
Movant made motion returnable 11 days rather than 13 days after service (CPLR 2214[b], 2103[b][2]).
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- VICTOR JOHNSON, Appellant. |
DECISION
That branch of the motion by the defendant-appellant for poor person relief is granted.
That branch of the motion for an enlargement of time to perfect appeal is granted and appeal shall be perfected by September 3, 2004; otherwise appeal dismissed.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- ERIK H. GORDON, Appellant. |
DECISION
Motion by defendant-appellant for reargument, or in the alternative, leave to appeal to the Appellate Division denied.
Assuming for the sake of argument that defendant did not receive notification of the date for oral argument in the mail, he is deemed to have received notification through the publication of the court's calendar in the New York Law Journal. Furthermore, defendant does not set forth any specific contentions worthy of reargument. Lastly, an appeal from this court in a criminal case is taken directly to the Court of Appeals provided that a certificate has been issued by a judge of said court (CPL 450.90, 460.20; People v Graham, 177 Misc 2d 542 [App Term, 9th & 10th Jud Dists 1998], affd 93 NY2d 934 [1999]).
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| ACOUSTILOG, INC., Respondent, -against- DONALD P. ROSENDALE, Appellant. |
DECISION
Motion by defendant-appellant to compel the court below to issue a written order denying defendant's motion to resettle the minutes is denied without prejudice to defendant raising the issue on appeal.