03-24-2004_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR MARCH 24, 2005

TITLE	Case Number
Barrientos v Hasselgren	2005-02207
Berliner v Berliner	2004-07766 +1
Berliner v Berliner	2005-00826
Brutus v Adren Hill Hospital	2004-04729 +1
Candela v Kiel	2005-02420
Chaudhry v East Buffet & Restaurant, a/k/a Ea	2004-07273
Cohen v DHB Industries, Inc.	2005-00520
Cordova v 360 Park Avenue South Associates	2004-09273
Cugini v Michelle Taxi, Inc.	2004-09706
Daniels v Bovis Lend Lease, Inc.	2004-03934 +1
DePascale v Sulzer US Industries Holding, Inc	2004-08888
Dennard v Small World Center, Inc.	2004-09250
Dupree v Mackenzie Automatic Doors, Inc.	2004-06889
Egwuonwu v Simpson	2004-11130
Fazioabreau v NYRAC, Inc.	2004-00098
Fiero v Ciotti	2004-10362
Golden v Golden	2005-00268
Jones v DeBlasi	2005-00160
Leha v Yonkers General Hospital	2004-06267
Louzar v Irving	2004-11035
Lynch v Melville Industrial Associates	2004-08288
Mani v Milani	2004-10108
Mendoza v Allstate Insurance Company	2003-06071
Mullokandov v Nicholas	2004-05583
Naranjo v Lindy's Smoke Shop	2004-08454
Penn v Fleet Bank	2003-05672
Penna v Federal Insurance Company	2004-09479
Ping Lee v City of New York	2003-11318 +1
Pritsker v New York City Transit Authority	2004-09972
Realty Equity Holdings 3820, LLC v PJ Alizio	2004-04395
Reich v Realty Quest Brokerage Corp.	2004-05887
Skouras v Joseph	2004-06953
Soo Hak Chin v Se Hee Chin	2005-00129
Townsend v Federated Department Stores, Inc.,	2005-00861
2001 Commerce Street Corp. v Star Enterprise	2003-06156
Williams v Brooks	2004-06508
Mtr of A. (Anonymous), Nicholas; Nassau Count	2005-02240
Mtr of Altern v Altern	2005-02107
Mtr of Brown v Fischer	2005-01145
Mtr of Cordova v Khan	2005-02241
Mtr of Dettling v Dettling	2004-10984
Mtr of Dream Designs & Drafting, Inc. v Four	2005-01215
Mtr of Glinka v Town of Poughkeepsie	2004-05903 +1
Mtr of Kitson & Kitson v City of Yonkers	2005-01982
Mtr of McM. (Anonymous), Rohan; Presentment A	2005-01296
Mtr of Nieves-Ford v Gordon	2005-00858
Mtr of Pathak v New York State Division of Hu	2003-07023
Mtr of Suffolk County Child Protective Servic	2004-11300
Mtr of Swensen v Richter	2004-09979
Mtr of Turnure v Turnure	2005-02330
Peo v Bryan, Errol	2005-01103
Peo v DeLeon, Jason	2002-05730
Peo v Fordham, Arnold	2002-06558
Peo v Gouvatsos, George	2003-11077
Peo v Grayson, Oriley	2004-10169
Peo v Hankins, Daryl P.	2005-01508
Peo v Jenkins, Garfield	2004-07500
Peo v Lloyd, Reginald	2005-01104
Peo v Martinez, Raymond	2004-08553
Peo v McCallop, Rodney	2004-03369
Peo v Nathan, Chandran	1995-01113
Peo v Nichols, Dwayne	2004-10386
Peo v Petnuch, Alan J.	2002-09349
Peo v Sedney, Delano	2000-06440 +1
Peo v Stevenson, Floyd	2005-00939
Peo v Wilson, Earl	2004-00130

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Appellate Division: Second Judicial Department

M23202

CF/

2005-02207
Maria Barrientos, et al., plaintiffs-respondents,
v Robert Hasselgren, et al., defendants third-
party plaintiffs-respondents; Flanagan's
Carpentry Inc., third-party defendant-appellant.
(Index No. 8287/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 28, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23173

S/sl

2004-07766, 2004-08682

Ira Berliner, appellant,
v Mariann Berliner, respondent.
(Index No. 2357/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two judgments of the Supreme Court, Westchester County, dated dated July 19, 2004, and July 20, 2004, respectively.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until May 3, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23189

C/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-00826
Ira Berliner, appellant,
v Mariann Berliner, respondent.

(Index No. 6107/02)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Westchester County, dated December 10, 2004, to disqualify the law firm of DelBello Donellan Weingarten Tartaglia Wise & Wiederkehr, LLP from representing the appellant on the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23162

O/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-04729, 2004-04730
Monique Brutus, appellant,
v Arden Hill Hospital, et al., respondents,
et al., defendant.
(Index No. 8357/99)

DECISION & ORDER ON MOTION

Motion by the respondent Arden Hill Hospital, joined by the respondent Middletown Medical, P.C., and separate motion by the respondents Alex M. Joanow and Donald J. DeBrakeleer, to dismiss appeals from two orders of the Supreme Court, Orange County, dated April 2, 2004, and April 15, 2004, for failure to perfect.

Upon the papers filed in support of the motions and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motions are granted and the appeals are dismissed, without costs or disbursements.

COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23146

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-02420
Joanne Candela, appellant,
v George Kiel, respondent.
(Index No. 5014/01)

DECISION & ORDER ON MOTION

Appeal by Joanne Candela from an order to show cause signed by the Supreme Court, Richmond County, on November 24, 2004.

Now, on the court's own motion, it is

ORDERED that the notice of appeal from the order to show cause is deemed to be a notice of appeal from an order of the same court dated February 2, 2005 (see CPLR 5512).

H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23179

PL/sl

2004-07273
Rubia Idrees Chaudhry, appellant, v
East Buffet & Restaurant, a/k/a East Bistro
Café, et al., respondents.
(Index No. 12167/01)

ORDER ON APPLICATION

Application by the respondents East Buffet & Restaurant and Maple Main Associates pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated June 10, 2004.

ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until May 27, 2005, and the movants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23185

CF/

2005-00520
D. David Cohen, appellant, v DHB
Industries, Inc., et al., respondents.
(Index No. 11160/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 17, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23174

S/sl

2004-09273

Nelson Rosendo Cordova, et al., respondents,
v 360 Park Avenue South Associates, et al.,
defendants third-party-plaintiffs appellants-
respondents; Fortune Interior Dismantling
Corp., third-party-defendant respondent-
appellant.
(Index No. 25109/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated September 24, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until April 25, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23192

C/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-09706
Bernadette Cugini, respondent, v
Michelle Taxi, Inc., et al., appellants.
(Index No. 12811/02)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, entered October 14, 2004. Cross motion by the respondent, inter alia, to dismiss the appeal on the ground, inter alia that it is without merit, or to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition or relation thereto, it is

ORDERED that the motion is denied, and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 22, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is otherwise denied.

ADAMS, J.P., RITTER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23166

R/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

FRED T. SANTUCCI

STEVEN W. FISHER, JJ.

2004-03934, 2004-03935
Shaun Daniels, respondent, v
Bovis Lend Lease, Inc., et al., appellants.
(Index No. 28320/03)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal to the Court of Appeals from a decision and order of this court, dated November 1, 2004, which determined appeals from a judgment of the Supreme Court, Queens County, dated March 25, 2004, and an order of the same court dated March 31, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

COZIER, J.P., S. MILLER, SANTUCCI and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23177

S/sl

2004-08888

Joseph DePascale, et al., appellants,
v Sulzer US Industries Holding, Inc.,
et al., respondents.
(Index No. 48094/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated August 15, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 2, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23219

S/sl

2004-09250

Glenn Dennard, etc., et al., respondents,
v Small World Center, Inc., appellant.
(Index No. 22776/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated September 15, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 20, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23102

A/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-06889
Diane Dupree, respondent, v
Mackenzie Automatic Doors, Inc., appellant.

(Index No. 7151/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated February 17, 2004.

Upon the papers filed in support of the motion and upon the stipulation of the parties, it is

ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.

H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23193

CF/

2004-11130
Gabriel Ani Egwuonwu, etc., et al., respondents,
v Evert Simpson, et al., appellants.
(Index No. 11402/97)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated November 1, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23220

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

PETER B. SKELOS, , JJ.

2004-00098

Wanda Fazioabreau, plaintiff-respondent,
v NYRAC, Inc., et al., defendants-respondents,
World Financial Properties, Inc., defendant
third-party plaintiff-respondent, Spring
Scaffolding, Inc., appellant; Calvert Insurance
Company, third-party defendant-respondent.

(Index No. 572/99)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated December 3, 2003.

Upon the stipulation of the attorneys for the respective parties, dated March 2005, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

COZIER, J.P., RITTER, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23204

CF/

2004-10362
Gordon Fiero, et al., respondents, v
Gregory Ciotti, et al., appellants.
(Index No. 2/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated October 25, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23206

CF/

2005-00268
Stuart Golden, respondent,
v Susan Golden, appellant.
(Index No. 202987/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 21, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23200

CF/

2005-00160
Thomas Jones, et al., respondents, v
Nicholas DeBlasi, et al., appellants.
(Index No. 14522/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 12, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23169

J/sl

2004-06267

Kyrstina Leha, et al., appellants, v
Yonkers General Hospital, et al., respondents.
(Index No. 18402/00)

ORDER ON APPLICATION

ORDERED that the orders on application of this court dated February 2, 2005, and March 7, 2005, respectively, in the above-entitled matter are amended by adding to the decretal paragraphs thereof, after the word "date" the words ";and it is further," and by adding thereto the following decretal paragraph:

"ORDERED that the appellants' reply brief shall be served and filed on or before April 12, 2005."

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23207

CF/

2004-11035
Pauline Louzar, et al., respondents.
v Jeffrey Irving, et al., appellants.
(Index No. 20281/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 5, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23186

CF/

2004-08288
Eunice Lynch, et al., respondents, v
Melville Industrial Associates, appellant.
(Index No. 38622/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 16, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23197

CF/

2004-10108
Jacob Mani, respondent, v Nicholas Milani,
et al., defendants, South Orangetown Central
School District, appellant.
(Index No. 1512/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated November 3, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23175

O/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2003-06071
Patricia Mendoza, respondent, v
Allstate Insurance Company, appellant.
(Index No. 35526/01)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, dated June 27, 2003, which was determined by decision and order of this court dated December 27, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23181

PL/sl

2004-05583
Markiel Mullokandov, appellant,
v Joan R. Nicholas, et al., respondents.
(Index No. 017970/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 21, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 23, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23205

CF/

2004-08454
Samuel Naranjo, etc., et al., appellants,
v Lindy's Smoke Shop, et al., respondents.
(Index No. 24919/99)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 15, 2003.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23165

O/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

PETER B. SKELOS, JJ.

2003-05672
Judith Penn, appellant, v
Fleet Bank, et al., respondents.
(Index No. 8583/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated May 16, 2003, which was determined by decision and order of this court dated November 22, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

SCHMIDT, J.P., ADAMS, SANTUCCI and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23075

PL/sl

2004-09479
Maureen Penna, appellant,
v Federal Insurance Company, et al.,
respondents.
(Index No. 12348/02)

ORDER ON APPLICATION

Application by the respondent Safe Harbor Group, Ltd. pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated

August 30, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 11, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23176

O/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2003-11318, 2004-02683
Ping Lee, appellant, v City of New York,
et al., respondents.
(Index No. 22680/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to recall and vacate a decision and order of this court dated January 12, 2005, dismissing appeals from a judgment of the Supreme Court, Queens County, entered November 12, 2003, and an order of the same court entered February 11, 2004, for failure to perfect the same in accordance with the rules of this court, to reinstate the appeals, and to enlarge the time to perfect the appeals.

Upon the paper filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23201

CF/

2004-09972
Shlima Pritsker, et al., respondents, v
New York City Transit Authority, et al.
appellants.
(Index No. 15006/99)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 13, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23164

O/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

FRED T. SANTUCCI

STEVEN W. FISHER, JJ.

2004-04395
Realty Equity Holdings 3820, LLC, respondent,
v PJ Alizio Realty, Inc., appellant.
(Index No. 21321/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated April 20, 2004, which was determined by decision and order of this court dated December 13, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

COZIER, J.P., S. MILLER, SANTUCCI and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23151

R/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-05887
Al Reich, respondent-appellant, v
Realty Quest Brokerage Corp., et al., respondents;
Jonathan Einhorn, nonparty appellant-respondent.
(Index No. 30485/93)

DECISION & ORDER ON MOTION

Appeal by the nonparty appellant-respondent from an order of the Supreme Court, Kings County, dated July 18, 2003, and cross appeal by the respondent-appellant from the same order. By order on application dated February 4, 2005, the parties and nonparty appellant-respondent or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the grounds that the appellant-respondent (a) is not aggrieved by the order (see Matter of Meadowdale Assocs v Planning Bd. Of Town of Colonie, 70 NY2d 669; Alberi v Rossi, 117 AD2d 574) or (2) waived appellate review of the order by accepting reimbursement of the subject deposit (see Matter of Silverman, 305 NY 13; Carmichael v General Elec. Co., 102 AD2d 838), and the application by the nonparty appellant-respondent to enlarge the time to perfect the appeal was held in abeyance in the interim.

On the court's own motion, upon the papers filed in support of the application and upon the papers filed in response thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant-respondent is not aggrieved by the order is referred to the bench hearing the appeal for determination upon the argument or submission thereof, and the motion is otherwise denied; and it is further,

ORDERED that the application is granted, and the appellant-respondent's time to perfect the appeal is enlarged until May 9, 2005, and the record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ADAMS, J.P., RITTER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23198

CF/

2004-06953
Andreas Skouras, respondent,
v Jonel A. Joseph, et al., appellants.
(Index No. 36647/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 30, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23199

CF/

2005-00129
Soo Hak Chin, appellant, v
Se Hee Chin, respondent.
(Index No. 22191/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 8, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23190

CF/

2005-00861
Evelyn Townsend, respondent, v Federated
Department Stores, Inc., a/k/a Macy's, et al.,
appellants.
(Index No. 13110/02)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Queens County, dated December 22, 2004.

Upon the stipulation of the parties, dated March 17, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23161

O/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2003-06156
2001 Commerce Street Corp., appellant, v
Star Enterprise, et al., respondents.
(Index No. 18956/99)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered June 19, 2003, which was determined by decision and order of this court dated January 10, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

SCHMIDT, J.P., SANTUCCI, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23184

CF/

2004-06508
Ada Williams, respondent, v
James Brooks, et al., defendants,
Christopher Brooks, appellant.
(Index No. 3598/00)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 5, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23147

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-02240
In the Matter of Nicholas A. (Anonymous),
appellant.
(Docket No. D-04974-04)

DECISION & ORDER ON MOTION

Appeal by Nicholas A. from a fact-finding order of the Family Court, Nassau County, dated February 17, 2005.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112).

H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23144

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-02107
In the Matter of Kim Altern, appellant,
v Igor Altern, respondent.
(Docket No. O-00004-05)

DECISION & ORDER ON MOTION

Appeal by Kim Altern from an order of the Supreme Court, Nassau County, dated January 18, 2005.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appellant (see CPLR 5511).

H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23159

E/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-01145
In the Matter of Bryant Brown, petitioner,
v Brian Fischer, etc., et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).

The allegations of merit contained in the petitioner's affidavit in support of the motion for permission to proceed as a poor person fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).

ADAMS, J.P., RITTER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23142

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-02241
In the Matter of Sonia E. Cordova, appellant,
v Teepu S. Khan, respondent.
(Docket Nos. V-5978-04, V-5979-04)

DECISION & ORDER ON MOTION

Appeal by Sonia E. Cordova from an order of the Family Court, Nassau County, dated February 4, 2005.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112).

H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23217

M/nal

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

WILLIAM A. MASTRO

REINALDO E. RIVERA, JJ.

2004-10984
In the Matter of Robert Dettling, respondent,
v Dora Dettling, appellant.
(Docket No. F-736-01)

SCHEDULING ORDER

Appeal by Dora Dettling from an order of the Family Court, Suffolk County, dated November 15, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until May 9, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

ADAMS, J.P., RITTER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23203

CF/

2005-01215
In the Matter of Dream Designs & Drafting,
Inc., respondent, v Four Decades Contracting,
Inc., appellant.
(Index No. 12523/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 21, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23180

O/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-05903
In the Matter of Jeffrey Glinka, respondent,
v Town of Poughkeepsie, appellant.
(Appeal No. 1)
(Index No. 287/04)
2005-01110
In the Matter of Jeffrey Glinka, respondent,
v Town of Poughkeepsie, appellant.
(Appeal No. 2)
(Index No. 3074/04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, dated June 3, 2004 (Appellate Division Docket No. 2004-05903), and to consolidate the appeal with an appeal from a judgment of the same court dated December 21, 2004 (Appellate Division Docket No. 2005-01110).

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment dated June 3, 2004, is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal from the judgment dated June 3, 2004, is enlarged until May 9, 2005, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is granted to the extent that the appellant may perfect the appeals on one record and brief, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the parties shall file 10 copies of the record and their respective briefs.

H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23170

C/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2005-01982
In the Matter of Kitson & Kitson, etc., petitioner,
v City of Yonkers, et al., respondents, et al.,
intervenors.
(Proceeding No. 1)
(Index No. 18747/01)
In the Matter of Lawrence H. Bloom, appellant,
v City of Yonkers Police Officer Vincent Starkey,
et al., respondents.
(Proceeding No. 2)
(Index No. 11714/02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Westchester County, entered February 25, 2005, pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

PRUDENTI, P.J., FLORIO, GOLDSTEIN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23148

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-01296
In the Matter of Rohan McM. (Anonymous),
appellant.
(Docket No. D-3825-04)

DECISION & ORDER ON MOTION

Appeal by Rohan McM. from a fact-finding order of the Family Court, Queens County, dated November 29, 2004.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112).

H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23168

O/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-00858
In the Matter of Roslyn Nieves-Ford, respondent,
v Michael Gordon, appellant.
(Docket No. F-524-96)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated December 23, 2004, as a poor person, and for the assignment of counsel, and cross application by the respondent to direct the appellant to pay her counsel fees in responding to the appeal.

Upon the papers filed in support of the motion and the cross application, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to proceed on the original papers is denied as unnecessary (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and to assign counsel are denied; and it is further,

ORDERED that the application is denied without prejudice to making a formal motion for the same relief (see CPLR 80022).

H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23172

O/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-07023
In the Matter of Shivaji Pathak, respondent,
v New York State Division of Human Rights,
et al., appellants.
(Index No. 26490/01)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent for leave to reargue an appeal from a judgment of the Supreme Court, Suffolk County, dated June 30, 2003, which was determined by decision and order of this court dated December 27, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

FLORIO, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial DepartmentM23196

CF/

2004-11300

In the Matter of Suffolk County Child Protective
Services, o/b/o Kevin S. (Anonymous), petitioner-
respondent; Dorothy S. (Anonymous), respondent-
respondent; Janis M. Noto, nonparty-appellant.
(Proceeding No. 1)
In the Matter of Suffolk County Child Protective
Services, o/b/o Michael S. (Anonymous), petitioner-
respondent; Dorothy S. (Anonymous), respondent-
respondent; Janis M. Noto, nonparty-appellant.
(Proceeding No. 2)
In the Matter of Suffolk County Child Protective
Services, o/b/o Joseph S. (Anonymous), petitoner-
respondent; Dorothy S. (Anonymous), respondent-
respondent; Janis M. Noto, nonparty-appellant.
(Proceeding No. 3)
(Docket Nos. N 965-03, N 966-03, N 967-03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the nonparty-appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated December 15, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23195

CF/

2004-09979
In the Matter of Andrine Swensen, appellant,
v Randall W. Richter, respodent.
(Index No. 3506/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 21, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23149

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-02330

In the Matter of Robert Brian Turnure, respondent,
v Debbie DeLuca Turnure, appellant.
(Docket Nos. V-15560/03, V-15570/03, V-15571/03,
V-15620/03, V-15621/03, V-15622/03)

ORDER TO SHOW CAUSE

Appeal by Debbie DeLuca Turnure from an order of the Family Court, Westchester County, dated February 14, 2005.

Now, on the court's own motion, it is

ORDERED that the parties or their attorneys show cause before this court why an order should not be made and entered dismissing this appeal on the ground that the order was entered upon the default of the appellant (see CPLR 5511), by each filing an affirmation on that issue in the office of the Clerk of this court on or before April 15, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the attorneys for the respective parties.

H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23120

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-01103

The People, etc., respondent,
v Errol Bryan, appellant.
(Ind. No. 93-00722)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Westchester County, rendered January 12, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

ADAMS, J.P., RITTER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23109

HOWARD MILLER, J.P.

BARRY A. COZIER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2002-05730
The People, etc., respondent,
v Jason DeLeon, appellant.
(Ind. No. 01-00847)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered June 5, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall adv ise the appellant of the date by which the minutes are to be returned and the brief filed.

H. MILLER, J.P., COZIER, GOLDSTEIN, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 3502

Auburn Corr. Fac.

Box 618

Auburn, New York 13024

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23105

A/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2002-06558
The People, etc., respondent,
v Arnold Fordham, appellant.

(Ind. No. 288/02)

DECISION & ORDER ON MOTION
Motion for an Enlargement of Time
to File a Supplemental Brief

Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered July 3, 2002.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and the appellant's supplemental pro se brief that was submitted to the Clerk of this court is accepted for filing.

H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22660

Y/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2003-11077
The People, etc., respondent,
v George Gouvatsos, appellant.
(Ind. No. 3758/02)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign Counsel
Appeal from Judgment

Motion by the appellant pro se for leave to reargue a prior motion for leave prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered October 28, 2003, as a poor person, and for the assignment of counsel, which was determined by decision and order of this court dated July 28, 2004.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that upon reargument, the prior motion is granted, and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that 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 presentence 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; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Leon Tracy, Esq.

366 N. Broadway, Suite 410 - D9

Jericho, New York 11753-2826

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03-A-5903

Downstate Corr. Fac.

Box F

Fishkill, N.Y. 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23158

HOWARD MILLER, J.P.

BARRY A. COZIER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-10169

The People, etc., respondent,
v Oriley Grayson, appellant.
(Ind. No. 2683/03)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign Counsel
Appeal from Judgment

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered November 18, 2004, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence 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; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Marianne Karas, Esq.

Box 277

Armonk, New York 10504

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

H. MILLER, J.P., COZIER, GOLDSTEIN, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 6230

Five Points Corr. Fac.

Box 119

Romulus, New York 14541

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23157

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-01508

The People, etc., respondent,
v Daryl P. Hankins, appellant.
(Ind. No. 2592/04)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign Counsel
Appeal from Judgment

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered January 31, 2005, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED the motion is granted; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Martin Geduldig, Esq.

400 S. Oyster Bay Road - Suite 304

Hicksville, New York 11801

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

ADAMS, J.P., RITTER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23156

HOWARD MILLER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA, JJ.

2004-07500

The People, etc., respondent,
v Garfield Jenkins, appellant.
(Ind. No. 03-00904)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign Counsel
Appeal from Judgment

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered August 16, 2004, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED the motion is granted; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Michael G. Paul, Esq.

121 High Street

Metuchen, New Jersey 08840

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

H. MILLER, J.P., RITTER, KRAUSMAN, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4513

Upstate Corr. Fac.

Box 2001

Malone, New York 12953

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23113

HOWARD MILLER, J.P.

BARRY A. COZIER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-01104

The People, etc., plaintiff,
v Reginald Lloyd, defendant.
(Ind. No. 1791/03)

DECISION & ORDER ON MOTION
Motion for Leave to Serve
Late Notice of Appeal, for Poor
Person Relief & to Assign Counsel
Appeal from Judgment

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered February 24, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is denied.

H. MILLER, J.P., COZIER,GOLDSTEIN, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 1238

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23116

HOWARD MILLER, J.P.

BARRY A. COZIER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-08553
The People, etc., respondent,
v Raymond Martinez, appellant.

(Ind. No. 03-00990)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Orange County, rendered August 17, 2004, and for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to extend the time to take the appeal is granted; and it is further,

ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income.

H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23187

O/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-03369
The People, etc., respondent,
v Rodney McCallop, appellant.

(Ind. No. 03-01566)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered March 15, 2004, and cross motion by the respondent to dismiss the appeal on the ground that the appellant is not amenable to the jurisdiction of the court.

Upon the papers filed in support of the motion and the cross motion, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion and the cross motion are dismissed without prejudice to moving for the same relief upon proof of service of the motion papers upon the appellant at his last known address (see CPL 470.60[2]).

H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23167

O/sl

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

1995-01113
The People, etc., respondent,
v Chandran Nathan, appellant.
(Ind. No. 84992)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered January 4, 1995, to clarify a decision and order of this court dated February 20, 1996, which determined the appeal (see People v Nathan 224 AD2d 640).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

FLORIO, J.P., SANTUCCI, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23155

HOWARD MILLER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA, JJ.

2004-10386

The People, etc., respondent,
v Dwayne Nichols, appellant.
(Ind. No. 03-00477)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign Counsel
Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered November 1, 2004, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED the motion is granted; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Michael G. Paul, Esq.

121 High Street

Metuchen, New Jersey 08840

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

H. MILLER, J.P., RITTER, KRAUSMAN, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5941

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23125

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-09349
The People, etc., respondent,
v Alan J. Petnuch, appellant.
(S.C.I. No. 00-00206)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from an amended judgment of the County Court, Westchester County, rendered August 22, 2002.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

ADAMS, J.P., RITTER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21641

Y/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2000-06440, 2000-06441
The People, etc., respondent,
v Delano Sedney, appellant.
(Ind. Nos. 1707/95, 3666/95)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two judgments of the Supreme Court, Queens County, both rendered June 23, 2000, which were determined by decision and order of this court dated April 19, 2004, in effect, to relieve counsel assigned to prosecute the appeal and to assign him new counsel to make any motions deemed appropriate with respect to the decision and order of this court dated April 19, 2004, and/or a motion in the Court of Appeals for leave to reargue his prior pro se motion for leave to appeal to that court from the decision and order of this court.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, Walter Murawinski, Esq., is relieved from representing the appellant and the following attorney is assigned to represent the appellant in accordance with the above stated purposes:

Randall D. Unger, Esq.

42-40 Bell Blvd., Suite 302

Bayside, New York 11361

and it is further,

ORDERED that assigned counsel shall serve a copy of this order on the Clerk of the Supreme Court, Queens County.

PRUDENTI, P.J., RITTER, GOLDSTEIN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23122

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-00939
The People, etc., respondent,
v Floyd Stevenson, appellant.
(Ind. No. 1437-03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered December 23, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ADAMS, J.P., RITTER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23112

HOWARD MILLER, J.P.

BARRY A. COZIER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-00130
The People, etc., respondent,
v Earl Wilson, appellant.
(Ind. No. 6998/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an

appeal from a judgment of the Supreme Court, Kings County, rendered December 22, 2003.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

H, MILLER, J.P., COZIER, GOLDSTEIN, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court