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State of New YorkUnified Court System

RENSSELAER CITY COURTCity Hall, 62 Washington Street

Rensselaer, New York 12144Phone: (518) 453-4680

Fax: (518) 453-8996

Kathleen L. RobichaudCity Court Judge

Carmelo M. LaquidaraCity Court Judge

Honorable Robert M. JaconRensselaer County CourtRensselaer County CourthouseTroy, NY 12180

Barbara L. AgansChief Clerk

June 9, 201 I

Re: North Greenbush Democratic Committee v. Jeffrey Spain

Civil Appeal

Dear Judge Jacon:

The Rensselaer City Court received a notice of appeal and filing fee on September 23,2010 inconnection with above matter, said notice of appeal was filed by Attorney James E. Walsh on behalf ofDefendant / Appellant Jeffrey Spain. The original decision was dated and entered in the Rensselaer CityCourt on June 7,2010,a copy of said decision is enclosed foryour reference. Court Staff advised AttorneyWalsh he would need to order a transcript of the hearing and once said transcript was filed by him withthis Court the matter would then be scheduled to settle the record on appeal and the record would then beforwarded to the County Court as the court of appeal.

By correspondence from your chambers on December 6,2010, a copy of same was received bythis court on January ll,20l l, the County Court notified Appellant's Attorney Mr. Walsh that he mustsettle the Record on Appeal with this court as required by the Uniform City Court Act Section 1104. OnDecemberl4,20l0thiscourtsentaNoticeofSettlementofTranscriptonappeal toAttorneyforPlaintiff/ Respondent, Michael Derevlany, Esq., and Attorney for Defendant/ Appellant, James E. Walsh, Esq.,with a court appearance date of January 1I,2011. Attorney Derevlany appeared, the case was called at9:34 am, Attorney Derevlany noted the appeal time had long since lapsed and requested dismissal of theappeal, the Court noted the transcript ofthe proceeding had never been received by the court and advisedthat a motion to dismiss the appeal as untimely orjurisdictionally incorrect as such a motion must be madeat the County Court as the court of appeal in this matter. At l2:14p.m., Mr. Walsh appeared, apologizedfor his late appearance, and was informed on the court record the proceedings at 9:34 a.m., and was alsoinformed of the procedure to obtain a transcript of the record of the original hearing and the requirementthat the transcript be approved as correct by Respondent/Plaintiff s counsel and the requirement that thetranscript be filed with the Rensselaer City Court so that the record on appeal could be agreed to bycounsel, certified and forwarded to the Rensselaer County and Supreme Court Clerk's Office for filing.

By correspondence dated March 28th ,2011, received by this court on March 30,20T1, a copy isenclosed, Attorney Walsh advised he had filed the transcripts of the hearing with Mr. Derevlany and

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-csted an new date to settle the record on appeal. Court Notice dated March 31,201I was mailed to,oth attorney's as annexed. Again, Mr. Walsh was advised that the transcript needed to be filed with the

Court "forthwith", and a form was provided to allow the Chief Clerk to certifu the record on appeal shouldboth attorneys stipulate to the settlement of the record or "if you wish to appear and settle the record withJudge Laquidara, the matter is scheduled at 8:30 am on Tuesday, April 26th, 2011."

In April 4,2011 correspondence Attorney Derevlany advised the time for appeal had expired andthat a copy of the transcript had been provided to him last week. No one appeared to settle the record on

April 26'h, 21ll. No transcript of the hearing has been filed with the court by Appellant / Defendant'scounsel to date.

Notice of appearance was sent and the case scheduled for all parties to appear on May ll,201lat 8:00 am to settle the record. Again, no parties appeared and no transcript of the original proceeding has

ever been filed with the trial court. Copies of all notices and correspondence are enclosed.

Please be advised that this Court is unable to certifu the record on appeal and will be unable to doso unless and until Attorney Walsh files the transcript of the original proceeding with this Court. I believe

this Court has exhausted its ability to instruct and inform Appellant counsel as to procedure necessary tocertifu a record on appeal.

Rensselaer City Cgurt ,

'f Ufr,yrra'^&Carmelo M. Laquidara, JCCRensselaer City Court

w/encs.cc:

James E. Walsh, Esq.Attoreny for Appellant-Defendant Jeffrey Spain514 State StreetSchenectady, NY 12305

Michael J. Derevlany, Esq.Attorney for Respondent -PlaintiffP.O. Box 263Wynantskill, NY 12198

:athleen L. Rbbichaud, JCC