State of New York Unified Court System RENSSELAER CITY COURT

City Hall, 62 Washington Street Rensselaer, New York 12144

Phone: (518) 453-4680 Fax: (518) 453-8996
Kathleen L. Robichaud
City Court Judge

Barbara L. Agans
Chief Clerk

Carmelo M. Laquidara
City Court Judge

June 9, 201 I

Honorable Robert M. Jacon Rensselaer County Court Rensselaer County Courthouse Troy, NY 12180
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 in connection with above matter, said notice of appeal was filed by Attorney James E. Walsh on behalf of Defendant / Appellant Jeffrey Spain. The original decision was dated and entered in the Rensselaer City Court on June 7,2010,a copy of said decision is enclosed foryour reference. Court Staff advised Attorney Walsh he would need to order a transcript of the hearing and once said transcript was filed by him with this Court the matter would then be scheduled to settle the record on appeal and the record would then be forwarded to the County Court as the court of appeal.

By correspondence from your chambers on December 6,2010, a copy of same was received by this court on January ll,20l l, the County Court notified Appellant's Attorney Mr. Walsh that he must settle the Record on Appeal with this court as required by the Uniform City Court Act Section 1104. On Decemberl4,20l0thiscourtsentaNoticeofSettlementofTranscriptonappeal 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 at 9:34 am, Attorney Derevlany noted the appeal time had long since lapsed and requested dismissal of the appeal, the Court noted the transcript ofthe proceeding had never been received by the court and advised that a motion to dismiss the appeal as untimely orjurisdictionally incorrect as such a motion must be made at the County Court as the court of appeal in this matter. At l2:14p.m., Mr. Walsh appeared, apologized for his late appearance, and was informed on the court record the proceedings at 9:34 a.m., and was also informed of the procedure to obtain a transcript of the record of the original hearing and the requirement that the transcript be approved as correct by Respondent/Plaintiff s counsel and the requirement that the transcript be filed with the Rensselaer City Court so that the record on appeal could be agreed to by counsel, 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 is enclosed, Attorney Walsh advised he had filed the transcripts of the hearing with Mr. Derevlany and

-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 should both attorneys stipulate to the settlement of the record or "if you wish to appear and settle the record with Judge Laquidara, the matter is scheduled at 8:30 am on Tuesday, April 26th, 2011."
correspondence Attorney Derevlany advised the time for appeal had expired and that 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's

In April 4,2011

counsel to date.

Notice of appearance was sent and the case scheduled for all parties to appear on May ll,201l at 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 do so 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 to

certifu a record on appeal.

L. Rbbichaud, JCC Rensselaer City Cgurt

:athleen

Carmelo M. Laquidara, JCC Rensselaer City Court

w/encs. cc:
James E. Walsh, Esq.

'f

Ufr,yrra'^&

Attoreny for Appellant-Defendant Jeffrey Spain

514 State Street Schenectady, NY 12305

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