APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

DECISION

Motion by plaintiffs-respondents for an enlargement of time to submit a respondents' brief granted, and said brief shall be served and filed within 21 days of the date of the order hereon.

Appellant, if he be so advised, may serve and file a reply brief within 14 days of the filing of the respondents' brief.

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

DECISION

That branch of the motion by defendant-appellant seeking to reinstate and continue the stay contained in the order of this court dated May 3, 2004, and continued by an order dated November 12, 2004, is granted on condition that appellant perfect the appeal by August 5, 2005; otherwise stay is vacated without further order of this court.

That branch of the motion seeking to direct a release of the dogs into defendant's care is denied.

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

DECISION

That branch of the motion by respondents seeking to dismiss the appeal for failure to prosecute is granted.

That branch of the motion seeking sanctions, attorney's fees and costs is denied.

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

DECISION

On the court's own motion, poor person relief is granted and John Goldsmith, Esq., is relieved of representing defendant-appellant on the appeal and other counsel assigned pursuant to article 18-B of the County Law.

On the court's own motion, an enlargement of time to perfect appeal is granted and appeal shall be perfected by October 7, 2005; otherwise appeal dismissed.

Appellant's time to file an affidavit of errors, if necessary, is extended 30 days from the date of this order.

The stenographer of the trial court shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney, who is now assigned as counsel to prosecute the appeal, and

Assigned counsel shall serve a copy of the transcript upon the District Attorney and proof of service shall be filed simultaneously with the service of appellant's brief, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript with the record, which shall then be filed with this court, and

Upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report.

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

DECISION

Motion by respondents to dismiss the appeal as untimely taken is granted (CPLR 2103 [b] [2]; 5513 [a]; cf. CPLR 5514 [b]).

Cross motion by appellant is denied.