APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- MARY HELEN RICHARDSON, 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 October 7, 2005; otherwise appeal dismissed.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- ANTHONY GRAZIANO, Appellant. |
DECISION
That branch of the motion by defendant-appellant, in essence, to vacate dismissal of the appeal is granted on condition the appeal is perfected by November 4, 2005; otherwise motion denied.
That branch of the motion seeking to compel the court below to file the record on appeal with this court is granted and the court below shall, within 20 days of service by appellant upon it of a copy of the instant order, forward the record to this court.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- GARY E. ERIKSEN, Appellant. |
DECISION
That branch of the motion by defendant-appellant, in essence, to vacate dismissal of the appeal is granted on condition that the appeal is perfected by November 4, 2005; otherwise motion denied.
That branch of the motion for an extension of time to file an affidavit of errors in the court below is granted and time extended to 30 days from the date of this order. Appellant shall serve a copy of the affidavit of errors upon the District Attorney within three days of filing it in the court below (CPL 460.10 [3] [b]).
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- STEVEN CARLONE, Appellant. |
DECISION
That branch of the motion by defendant-appellant to compel the court reporter to furnish the transcript of the proceedings is granted, and the court reporter is directed to comply with the order of this court dated May 14, 2004, within 21 days of the date of this order.
That branch of the motion for an enlargement of time to perfect appeal is granted and appeal shall be perfected by November 4, 2005; otherwise appeal dismissed.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| CATCO ASSOCIATES, L.P., Respondent, -against- LISA GOODWIN, Appellant. |
DECISION
That branch of the motion by tenant-appellant for a stay is granted on condition that within 10 days from the date of the order hereon tenant deposit in the court below any and all arrears in rent and/or use and occupancy, at the rate of $302.00 from July 1, 2005 and that tenant perfect the appeal by October 7, 2005; upon failure to comply with either condition, the stay is vacated without further order of this court. Tenant shall continue to pay use and occupancy to landlord as it becomes due. Upon failure of tenant to make a required payment for use and occupancy landlord may move upon 3 days' notice to vacate the stay. Tenant shall file with this court proof of deposit of any and all arrears in rent and/or use and occupancy within one business day after such deposit.
That branch of the motion for poor person relief is granted.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- JOHN JIRGAL, Appellant. |
DECISION
Motion by defendant-appellant seeking to stay sentence is denied.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| STEWART SENTER INC. d/b/a AUTOMATIC IRRIGATION DESIGN, Appellant, -against- SCOTT GRODSKY, Respondent. |
DECISION
Motion by defendant-respondent to dismiss appeal for failure to prosecute is granted.