APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

DECISION

On the court's own motion, appeal is dismissed as untimely (see CPL 460.10 [1]), without prejudice to the defendant, if it be so advised, to move, pursuant to CPL 460.30, for an extension of time for taking an appeal.

In the instant matter, the court, in its written decision dated September 15, 2003, found defendant guilty of multiple violations of §1154.1 of the New York State Uniform Fire Prevention and Building Code and imposed sentences of fines of $12 per day starting August 10, 2002 and ending June 2, 2003, for a total of $3,564. Although the court stayed payment of the fines until December 10, 2003, the judgment of conviction, which includes the court's finding of guilt and imposition of sentence, was rendered on September 15, 2003 (see CPL 1.20 [15]).

Inasmuch as defendant was required to serve and file its notice of appeal within 30 days of the judgment of conviction, to wit, October 15, 2003 (CPL 460.10), and inasmuch as the notice of appeal was not served and filed until January 9, 2004, the appeal is untimely and must be dismissed.

In reaching this result, we note the prior notice of appeal filed with the County Court, Dutchess County, was ineffective in that it was not filed in the court from which the appeal was taken (CPL 460.10[1] [6]) and, although transferred by the County Court to the Justice Court of the Village of Tivoli, was not received by said court within the requisite time period.

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

DECISION

That branch of the motion by the defendant-appellant for poor person relief is granted and counsel assigned pursuant to Article 18-B of the County Law.

That branch of the motion for an enlargement of time to perfect the appeal is granted and appeal shall be perfected by November 5, 2004; otherwise appeal dismissed.

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

DECISION

Motion by tenants-appellants, in essence, for reargument of this court's order dated April 28, 2004, and to be restored to possession is denied.

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

DECISION

Motion by tenants-appellants, in essence, for reargument of this court's order dated April 28, 2004, and to be restored to possession is denied with $20 costs from appellants to respondent.

This court generally declines to grant costs upon a motion inasmuch as it does not wish to cause a chilling effect upon litigants seeking access and review. Nonetheless, in light of the repetitiveness and insubstantial nature of the arguments raised, costs are appropriate in this case.

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

DECISION

That branch of the motion by defendant-appellant for poor person relief is granted and Legal Aid Society of Nassau County is assigned.

That branch of the motion for an enlargement of time to perfect the appeal is granted and appeal shall be perfected by October 1, 2004; otherwise appeal dismissed.

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

DECISION

That branch of the motion by defendant-appellant for poor person relief is granted and Legal Aid Society of Nassau County is assigned.

That branch of the motion for an enlargement of time to perfect the appeal is granted and appeal shall be perfected by October 1, 2004; otherwise appeal dismissed.

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

DECISION

Motion to consolidate appeals in three matters described in motion papers granted to the extent of consolidating pending appeals Nos. 2004-119 N C and 2004-120 N C under No. 2004-120 N C, and otherwise denied.

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

DECISION

Motion by plaintiff-appellant seeking reargument or, in the alternative, leave to appeal to the Appellate Division denied.

Golia, J., taking no part.