APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6531
O/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-09826 Jacob Aini, plaintiff-respondent, v Lexington Insurance Agency, Inc., defendant, Brooks Insurance Agency, defendant third-party plaintiff-appellant-respondent; National Property and Casualty Services, third-party defendant- respondent-appellant, et al., third-party defendants. (Index No. 15209/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated September 19, 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.
ALTMAN, J.P., KRAUSMAN, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6412
S/sl
|
2003-02333 Fidel Blanco, et al., plaintiffs, v CVS Corporation., d/b/a CVS, defendant-respondent, Indian Rock, LLC, defendant-appellant. (Index No. 4950/99)
| ORDER ON APPLICATION |
Application by the respondent 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, Westchester County, dated January 9, 2003.
ORDERED that the application is granted and the respondent's brief that was submitted to the Clerk of this court on January 5, 2004, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6533
CF/
|
2003-06266 Edward Bornschein, et al., appellants, v Bernard Shuman, et al., respondents. (Index No. 13392/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 23, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5822
O/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-03680 Hector Catalan, respondent, v Sarah Catalan, appellant. (Index No. 3444/00)
| DECISION & ORDER ON MOTION |
Motion by Elizabeth A. Pfister to withdraw as Law Guardian for the child on an appeal from an order of the Supreme Court, Suffolk County, dated January 13, 2003.
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 granted, and the Law Guardian for the child, Elizabeth A. Pfister, P.O. Box 596, Center Moriches, N.Y., is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to County Law § 722, the following named attorney is assigned as Law Guardian to represent the child:
Michael Bromberg, Esq.
44 Hampton Street
Box 2112
Sag Harbor, New York 11963
(631) 725-0641
and it is further,
ORDERED that on the court's own motion, the time of the Law Guardian to serve and file a brief is enlarged until February 23, 2004, and the briefs in reply to the Law Guardian's brief, if any, shall be served and filed on or before March 9, 2004.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6538
M/mv
|
2003-06451 Peter Cruciata, respondent, v Josephine Cruciata, appellant. (Action No. 1) (Index No. 5676/01) Josephine Cruciata, appellant, v Peter Cruciata, respondent. (Action No. 2) (Index No. 5145/03)
| SCHEDULING ORDER |
ORDERED that the scheduling order of this court dated October 22, 2003, is amended by (1) changing the caption thereof to reflect that Peter Cruciata is the respondent and Josephine Cruciata is the appellant, and (2) deleting from the preamble thereof the name "Peter Cruciata" and substituting therefor the name "Josephine Cruciata".
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6041
M/mv
|
2003-06451 Peter Cruciata, respondent, v Josephine Cruciata, appellant. (Action No. 1) (Index No. 5676/01) Josephine Cruciata, appellant, v Peter Cruciata, respondent. (Action No. 2) (Index No. 5145/03)
| SCHEDULING ORDER |
Appeal by Josephine Cruciata from an order of the Supreme Court, Richmond County, dated May 29, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated October 22, 2003, in the above-entitled proceeding is amended to provide 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 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until February 23, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6535
Y/sl
SONDRA MILLER, J.P.
HOWARD MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-03897 Callie Hightower, respondent, v James Reid, et al., defendants, Vista Holding, Inc., et al., appellants. (Index No. 26740/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated April 10, 2003.
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 granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until January 9, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
S. MILLER, J.P., H. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6076
A/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-03390
Icy Splash Food & Beverage, Inc., et al., respondents, v Felix Henckel, et al., appellants. (Index No. 9447/97)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated March 5, 2003, and for leave to perfect the appeal without certain trial exhibits.
Upon the papers filed in support of the motion and the papers 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 is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until February 27, 2004, and the record or appendix on the 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 for leave to perfect the appeal without certain trial exhibits is denied without prejudice to the parties to stipulate to omit the exhibits or move for a reconstruction hearing; and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6482
E/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-04412 Stephen T.B. Jablonski, respondent, v Carolyn A. Rapalje, et al., appellants, et al., defendants. (Index No. 1897/96)
| DECISION & ORDER ON MOTION |
Motion by the appellants Carolyn A. Rapalje and John M. Rapalje, as executors of the estate of Jayne E. Trost, a/k/a Jane Trost, and Carolyn A. Rapalje, as executrix of the estate of Donald L. Trost, and separate motion by the appellant Linda Piermarini to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Putnam County, dated May 8, 2003.
Upon the papers filed in support of the motion and cross motion, and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., KRAUSMAN, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6517
Y/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-11116 Tasha Jamison, et al., respondents, v Jason Archer, et al., defendants, Eyal Puness, et al., appellants. (Index No. 12152/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay discovery and the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 15, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from so much of the order as sua sponte directed the appellants to appear for examinations before trial within 30 days or their answers would be stricken is dismissed, without costs or disbursements, as no appeal lies as of right from a portion of an order which does not result from a motion made on notice (see CPLR 5701[a][2]), and we decline to grant leave to appeal from that portion of the order; and it is further,
ORDERED that the motion is denied.
ALTMAN, J.P., KRAUSMAN, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6537
Y/sl
MYRIAM J. ALTMAN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-11036, 2003-04467, 2003-09031, 2003-09032 Ilias Lelekakis, f/k/a Elias Leckas, appellant, v Stanley Kamamis, et al., respondents. (Index No. 28566/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from four orders of the Supreme Court, Queens County, dated October 18, 2002, April 14, 2003, June 16, 2003, and July 17, 2003, respectively, in effect, to amend so much of a prior decision and order on motion of this court dated December 11, 2003, as conditioned the grant of her motion to stay the trial of the above-entitled action upon perfection of the appeals from the orders dated June 16, 2003, and July 17, 2003, by January 9, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the decision and order on motion of this court dated December 11, 2003, is amended by deleting from the third and fourth decretal paragraphs thereof the date "January 9, 2004, " and substituting therefor the date "January 29, 2004".
ALTMAN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6071
E/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-05242, 2003-10191
Bernard Lory, appellant, v Neil M. Parsoff, et al., respondents. (Index No. 1250/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated May 1, 2003, and a judgment of the same court entered September 18, 2003, to enlarge the time to perfect the appeal from the order and to consolidate the appeals.
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 order is granted, and the appellant's time to perfect the appeal from the order is enlarged until February 27, 2004, and the record or appendix on the 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 denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6530
CF/
|
2003-07587 New York Hospital Medical Center of Queens, etc., et al., respondents, v ELRAC, Inc., etc., appellant. (Index No. 17999/02)
| 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 July 25, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6529
CF/
|
2003-08602 Kenneth R. Parker, appellant, v Concilia Parker, a/k/a Connie Parker, respondent. (Index No. 8022/03)
| 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 September 3, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6525
CF/
|
2003-08076 Reliance National Insurance Company, a/s/o William Muschel, appellant, v Lawrence Langan, et al., respondents. (Index No. 4510/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 13, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6488
E/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
1999-08517, 2001-07668
Coleen Rupp-Elmasri, respondent, v Mohamed Elmasri, appellant. (Index No. 14427-95)
| DECISION & ORDER ON MOTION |
Motion by the Law Guardian to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Suffolk County, dated August 9, 1999, and July 16, 2001, respectively.
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 Law Guardian's time to serve and file a brief is enlarged until January 20, 2004, and the Law Guardian's brief must be served and filed on or before that date.
RITTER, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6476
E/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-01827 Anthony Scardace, et al., respondents, v Mid-Island Hospital, Inc., et al., appellants. (Index No. 22223/92)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated February 4, 2003.
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 granted, and the respondents' time to serve and file a brief is enlarged until February 27, 2004, and the respondents' brief must be served and filed on or before that date.
ALTMAN, J.P., KRAUSMAN, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5981
E/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
ROBERT W. SCHMIDT, JJ.
|
2003-01896, 2003-02144 Gregory Serio, etc., respondent, v United States Fire Insurance Company, et al., appellants, et al., defendants. (Index No. 3407/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Queens County, dated June 18, 2002, and December 16, 2002, respectively, for leave to reargue his prior motion to dismiss the appeal from the order dated June 18, 2002, on the ground that it was untimely taken, which was determined by decision and order on motion of this court dated October 14, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is referred to the Justices hearing the appeal for determination upon the argument or submission thereof.
SANTUCCI, J.P., GOLDSTEIN, H. MILLER and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6333
Y/sl
ROBERT W. SCHMIDT, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-05198 Altagracia Simo, plaintiff-respondent, v New York City Transit Authority, appellant- respondent, NAB Construction Corp./Grow Tunneling Corp., J.V., respondent-appellant, et al., defendants. (Index No. 4946/95)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant on an appeal and cross appeal from a judgment of the Supreme Court, Queens County, entered May 2, 2002, for leave to serve and file a supplemental appendix and for an enlargement of time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent-appellant shall serve and file a supplemental appendix containing the material appended as exhibits D and E to the instant motion papers and an answering brief, including its points of argument on the cross appeal, on or before January 26, 2004 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that on the court's own motion, the plaintiff-respondent's time to serve and file a brief in response to both the appellant-respondent's brief and the respondent-appellant's brief is enlarged until February 26, 2004, and the plaintiff-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant-respondent's time to serve and file a reply brief is enlarged until March 26, 2004, and the appellant-respondent's reply brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant's time to serve and file a reply brief is enlarged until April 6, 2004, and the respondent-appellant's reply brief must be served and filed on or before that date.
SCHMIDT, J.P., TOWNES, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6479
E/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-01976
Therese St. Dic, respondent-appellant, v Brooklyn Hospital Center, appellant- respondent. (Index No. 5632/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated January 31, 2003.
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-respondent's time to perfect the appeal is enlarged until January 22, 2004, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) 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 her answering brief, including her points of argument on the cross appeal, on or before February 26, 2004 (see 22 NYCRR 670.8[c][3]).
ALTMAN, J.P., KRAUSMAN, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6415
M/mv
|
2002-11562, 2003-01513 In the Matter of Toniqua A. (Anonymous), appellant. (Docket No. D-310-02)
| SCHEDULING ORDER |
Appeals by the juvenile from two orders of the Family Court, Westchester County, dated May 20, 2002, and February 6, 2003, respectively. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated April 28, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeals is enlarged until January 16, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6528
CF/
|
2003-08207 In the Matter of AIU Insurance Company, appellant, v Calvin Walker, et al., respondents. (Index No. 8620/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 8, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6391
M/mv
|
2003-09034 In the Matter of Ta Fon Edward J. B. (Anonymous). Administration for Children's Services, et al., respondents; Selina S. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-20316-02) In the Matter of Alexis Shymae B. (Anonymous). Administration for Children's Services, et al., respondents; Selina S. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-20317-02)
| SCHEDULING ORDER |
Appeal by Selina S. from an order of the Family Court, Kings County, dated September 18, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 23, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6429
F/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-05549, 2003-10075, 2003-10076 In the Matter of Michelle Bouie, appellant, v Juan E. Arvelo, respondent.
(Docket No. V-13543-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute appeals from an order of the Family Court, Kings County, dated June 24, 2003, and an order and an amended order of the same court, both dated November 10, 2003, 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 granted; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:
Karen Morth, Esq.
67 Wall Street - #5720 - 22nd Floor
New York, New York 10005-3101
(212) 804-5720
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); 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.
ALTMAN, J.P., KRAUSMAN, CRANE, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6422
M/mv
|
2003-05920 In the Matter of Amanda C. (Anonymous). Suffolk County Department of Social Services, respondent; Kelly M. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-1172-00) In the Matter of Brian W. (Anonymous). Suffolk County Department of Social Services, respondent; Kelly M. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-1173-00)
| SCHEDULING ORDER |
Appeal by Kelly M. from an order of the Family Court, Suffolk County, dated June 6, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated December 29, 2003, in the above-entitled proceedings is amended to provide 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 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until January 16, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6396
M/mv
|
2003-05921 In the Matter of Adriana J. Curbelo, respondent, v Hector M. Clemente, appellant. (Docket No. F-4568/02)
| SCHEDULING ORDER |
Appeal by Hector M. Clemente from an order of the Family Court, Suffolk County, dated September 11, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 23, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6392
M/mv
|
2003-09165 In the Matter of Jackie DeCamp, respondent, v Brian DeCamp, appellant. (Docket No. F-07038/02)
| ORDER TO SHOW CAUSE |
Appeal by Brian DeCamp from an order of the Family Court, Suffolk County, dated June 27, 2003. By scheduling order dated November 20, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are 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 proceeding for failure to comply with the scheduling order dated November 20, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before January 23, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6031
M/mv
|
2003-08070, 2003-08080 In the Matter of Angela DeChirico, respondent, v Joseph DeChirico, appellant. (Docket No. O-5055/03)
| SCHEDULING ORDER |
Appeals by Joseph DeChirico from an order of the Family Court, Nassau County, dated July 10, 2003, and an order of commitment of the same court, dated September 15, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 3, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed on or before January 23, 2004.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6430
J/sl
|
2003-00491 In the Matter of Steven DePiazzy, et al., appellants, v Marlies Lakey, defendant third-party plaintiff-respondent, Walter Coleman, etc, et al., defendants-respondents; Richard C. Urban, third-party defendant-respondent. (Index No. 47/95)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Surrogate's Court, Suffolk County, dated November 22, 2002.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 4, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6402
M/mv
|
2003-04857 In the Matter of Carolyn DiGiorgi, respondent, v Steven DiGiorgi, appellant. (Docket No. O-2338-01)
| SCHEDULING ORDER |
Appeal by Steven DiGiorgi from an order of the Family Court, Suffolk County, dated May 12, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated October 28, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent(s) and/or the law guardian, if any, to serve and file a brief in the above-entitled appeal is enlarged until January 12, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6484
Y/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-06303 In the Matter of James-Gerald Ferretti, respondent, v Joann Venturella Ferretti, appellant. (Docket No. F-2023-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, entered June 18, 2003, for leave to reargue those branches of her prior motion which were for a free transcript, waiver of the filing fee, and for the assignment of counsel, which were determined by decision and order on motion of this court dated November 20, 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; and it is further,
ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated August 8, 2003, is amended to provide 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 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until February 27, 2004.
ALTMAN, J.P., KRAUSMAN, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6394
M/mv
|
2003-06667 In the Matter of Sharon Gaulman, appellant, v Donnell Williams, respondent. (Docket No. P-1759-93)
| ORDER TO SHOW CAUSE |
Appeal by Sharon Gaulman from an order of the Family Court, Queens County, dated June 18, 2003. By scheduling order dated November 25, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are 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 proceeding for failure to comply with the scheduling order dated November 25, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before January 23, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6390
M/mv
|
2003-03713 In the Matter of Garrett Mc. (Anonymous). Suffolk County Department of Social Services, respondent; Cindy N. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-536-01) In the Matter of Adrianne M. (Anonymous). Suffolk County Department of Social Services, respondent; Cindy N. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-537-01) In the Matter of Jiordan M. (Anonymous). Suffolk County Department of Social Services, respondent; Cindy N. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-538-01)
| SCHEDULING ORDER |
Appeal by Cindy N. from an order of the Family Court, Suffolk County, dated March 26, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 31, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6480
E/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-02283, 2003-02287, 2003-02290
In the Matter of Margaret Murray, et al., petitioners-respondents, v Dennis Whalen, et al., appellants, John Wingate, etc., respondent-respondent. (Index No. 3392/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect appeals from three orders of the Supreme Court, Suffolk County, dated March 7, 2000, July 24, 2001, and January 13, 2003, respectively.
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 granted; and it is further,
ORDERED that the appellants' time to perfect the appeals is enlarged until March 8, 2004, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
ALTMAN, J.P., KRAUSMAN, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4575
M/mv
|
2003-01042 In the Matter of Lenora Myrick, appellant, v Judy Saunders, et al., respondents. (Docket No. V-11698/02)
| SCHEDULING ORDER |
Appeal by Lenora Myrick from an order of the Family Court, Queens County, dated December 19, 2002. The appellant's brief was filed in the office of the Clerk of this court on November 3, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the brief of the respondent Administration for Children's Services shall be served and filed on or before January 30, 2004.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6406
M/mv
|
2002-10046 In the Matter of Richard Olson, appellant, v Randi Olson, respondent. (Docket No. V-3753-01)
| SCHEDULING ORDER |
Appeal by Richard Olson from an order of the Family Court, Suffolk County, dated October 7, 2002. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated July 28, 2003, in the above-entitled proceeding is amended to provide 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 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until January 16, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6446
M/mv
|
2001-05906 In the Matter of Lucrecia Ortiz, appellant, v Gina Ortiz, respondent. (Docket No. V-21433-96)
| SCHEDULING ORDER |
Appeal by Lucrecia Ortiz from an order of the Family Court, Kings County, dated May 25, 2001. The appellant's brief was served and filed on April 24, 2003, and the original papers were filed in the office of the Clerk of this court on May 29, 2003, and July 18, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated November 18, 2003, in the above-entitled proceeding is amended to provide that the law guardian's time to serve and file a brief in the above-entitled appeal is enlarged until January 16, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6393
M/mv
|
2003-08963 In the Matter of Toni Raeder, respondent, v Lance S. Silverman, appellant. (Docket No. F-1323-96)
| SCHEDULING ORDER |
Appeal by Lance S. Silverman from an order of the Family Court, Suffolk County, dated September 12, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated October 30, 2003, in the above-entitled proceeding is amended to provide 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 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until February 27, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6389
M/mv
|
2003-05319, 2003-05325 In the Matter of Carmella Restivo, respondent, v Florin Cincu, appellant. (Docket No. F-1717-00)
| SCHEDULING ORDER |
Appeals by Florin Cincu from two orders of the Family Court, Queens County, both dated May 20, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 24, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6414
M/mv
|
2002-11112 In the Matter of Savion S. (Anonymous). Rockland County Department of Social Services, respondent; Rosita S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Kiarra S. (Anonymous). Rockland County Department of Social Services, respondent; Rosita S. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-3200-02, B-3201-02)
| SCHEDULING ORDER |
Appeal by Rosita S. from an order of the Family Court, Rockland County, dated October 28, 2002. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated November 25, 2003, in the above-entitled proceedings is amended to provide that the time of the law guardian, if any, to serve and file a brief in the above-entitled appeal is enlarged until January 16, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6483
Y/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-10339 In the Matter of State Farm Mutual Automobile Insurance Company, appellant, v Humella Eastman, respondent. (Index No. 16702/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay an uninsured motorist arbitration pending between the parties pending the hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated September 25, 2003.
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 the uninsured motorist arbitration is stayed pending the hearing and determination of the appeal.
ALTMAN, J.P., KRAUSMAN, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6527
CF/
|
2003-10134 In the Matter of Virginia L. Sussman, etc., respondent, v Mental Hygiene Legal Service, o/b/o Carol Ann Mosca, appellant. (Index No. 900427/03)
| 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 October 31, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5968
M/mv
|
2002-07989, 2002-07990 In the Matter of Jeremiah Kwimea T. (Anonymous). Pius XII Youth & Family Services, et al., respondents; Jeremiah T. (Anonymous), Sr., et al., appellants. (Docket No. B-579/00)
| SCHEDULING ORDER |
Appeals by Jeremiah T., Sr., from an order and findings of fact of the Family Court, Queens County, both dated August 5, 2002. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated December 15, 2003, in the above-entitled proceeding is recalled and vacated, and the following is substituted therefor:
Appeals by Jeremiah T., Sr., from an order and findings of fact of the Family Court, Queens County, both dated August 5, 2002. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated October 28, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until January 23, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6388
M/mv
|
2002-11254 In the Matter of Ruth Williams, appellant, v Lewis Finch, a/k/a Claude Wallis Williams, respondent. (Docket Nos. P-8381/01, P-8382/01)
| SCHEDULING ORDER |
Appeal by Ruth Williams from an order of the Family Court, Kings County, dated November 19, 2002. The appellant's brief was filed in the office of the Clerk of this court on December 23, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6245
M/mv
|
2003-07284, 2003-07287, 2003-07289 In the Matter of Richard and Tamaroa Wolf, petitioners- respondents, v Barry D. (Binyamen) Rothman, appellant, et al., respondent. (Proceeding No. 1) (Docket No. V-022644-00) In the Matter of Jacob and Pessy Goldstein, petitioners- respondents, v Barry D. (Binyamen) Rothman, appellant, et al., respondent. (Proceeding No. 2) (Docket No. V-022642-00) In the Matter of Eugene and Elishea Flink, petitioners- respondents, v Barry D. (Binyamen) Rothman, appellant, et al., respondent. (Proceeding No. 3) (Docket No. V-022643-00)
| SCHEDULING ORDER |
Appeals by Barry D. (Binyamen) Rothman from an order of the Family Court, Kings County, dated June 16, 2003, and two orders of the same court both dated June 17, 2003. By decision and order on motion of this court dated December 15, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:
Pauline E. Braun, Esq.
43 Edgewood Road
P.O. Box 9
Valley Stream, New York 11582-0009
(516) 872-2728
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated December 15, 2003, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6167
F/
FRED T. SANTUCCI, J.
|
2003-09921 The People, etc., plaintiff, v Kenith A'Gard, defendant. (Ind. No. 12624/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated October 17, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
FRED T. SANTUCCI
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6465
CF/
|
2003-06107 The People, etc., respondent, v Scott Avitto, appellant. (Ind. No. 1573/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Kings County, rendered July 2, 2003.
Upon the stipulation of the parties, dated December 31, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5844
F/
FRED T. SANTUCCI, J.
|
2003-09280 The People, etc., plaintiff, v Mohammed Bhuiyan, defendant. (Ind. No. 2274/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated July 25, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
FRED T. SANTUCCI
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6489
E/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2000-03725 The People, etc., respondent, v Jerry Bonton, appellant. (Ind. No. 4152/98)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered April 11, 2000.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until February 27, 2004, and the respondent's brief must be served and filed on or before that date.
RITTER, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6516
F/
BARRY A. COZIER, J.
|
2003-08510 The People, etc., plaintiff, v Donovan Cunningham, defendant. (Ind. No. 3030/96)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated September 8, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
BARRY A. COZIER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6178
K/sl
BARRY A. COZIER, J.
|
2002-11510DECISION & ORDER ON MOTION
The People, etc., plaintiff, v Theodore Davis, defendant. (Ind. No. 96-00446)
|
Motion by the defendant for reargument of his prior application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Westchester County, dated November 26, 2002, which was determined by me in a decision and order on application dated April 9, 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.
BARRY A. COZIER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6520
F/
GABRIEL M. KRAUSMAN, J.
|
2003-04730 The People, etc., plaintiff, v Jose Feliciano, defendant. (Ind. No. 00-00270)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Westchester County, dated April 23, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
GABRIEL M. KRAUSMAN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6519
F/
GABRIEL M. KRAUSMAN, J.
|
2003-05028 The People, etc., plaintiff, v Jose Fernandez, defendant. (Ind. No. 12082/97)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated April 29, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
GABRIEL M. KRAUSMAN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6457
F/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2002-05742
The People, etc., respondent, v Vincent Hill, appellant.
(Ind. No. 01-01524)
| 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, Westchester County, rendered May 20, 2002, 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 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 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:
Barry E. Warhit, Esq.
399 Knollwood Road - Suite 206
White Plains, New York 10603
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.
ALTMAN, J.P., KRAUSMAN, CRANE, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
02 A 3077
Bare Hill Corr. Fac.
Caller Box 20- 181 Brand Road
Malone, New York 12953
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6463
F/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2002-07947
The People, etc., respondent, v Salvatore Inghilleri, appellant.
(Ind. No. 584-93)
| 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, Suffolk County, rendered July 26, 2002, 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 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 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:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co., - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
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.
ALTMAN, J.P., KRAUSMAN, CRANE, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
94 A 6484
Collins Corr. Fac.
Box 490
Collins, New York 14034
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6521
F/
GLORIA GOLDSTEIN, J.
|
2003-10480 The People, etc., plaintiff, v James McGrane, defendant. (Ind. No. 1055/99)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated November 7, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
GLORIA GOLDSTEIN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6455
F/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-09622
The People, etc., respondent, v Jessica A. McIver, appellant.
(Ind. No. 02-00550)
| 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, Westchester County, rendered October 16, 2003, 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 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 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:
Stephen J. Pittari, Esq.
Legal Aid Society of Westchester Co.
One North Broadway, 9th Floor
White Plains, New York 10601
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.
ALTMAN, J.P., KRAUSMAN, CRANE, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6279
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-02796, 2003-10479
The People, etc., respondent, v Jerry McKoy, appellant.
(Ind. Nos. 576-99, 1189-99)
| 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 appeals from two resentences of the County Court, Suffolk County, both imposed February 27, 2003, 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 granted; and it is further,
ORDERED that the appeals 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 appeals:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co., - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals 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 appeals; 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 appeals are taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
00 A 3018
Mid-State Corr. Fac.
Box 2500
Marcy, New York 13403
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6518
F/
BARRY A. COZIER, J.
|
2003-08495 The People, etc., plaintiff, v Elton Mosley, defendant. (Ind. No. 13211/97)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated September 5, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
BARRY A. COZIER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6439
F/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-05305
The People, etc., respondent, v Rodney Postell, appellant.
(Ind. No. 02-00032)
| 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, Westchester County, rendered April 9, 2003, 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 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 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:
Vija K. Stamey, Esq.
23-25 Spring Street
Ossining, New York 10562
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.
ALTMAN, J.P., KRAUSMAN, CRANE, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 2288
Upstate Corr. Fac.
Box 2001
Malone, New York 12953
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6467
CF/
|
2001-10750 The People, etc., respondent, v Alberto Ramirez, appellant. (Ind. No. 2689/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Queens County, rendered November 26, 2001.
Upon the stipulation of the parties, dated December 31, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6456
F/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-05413
The People, etc., respondent, v Francisco Santiago, appellant.
(Ind. No. 02-00769)
| 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 Supreme Court, Westchester County, rendered May 20, 2003, 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 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 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:
Ron Stokes, Esq.
3224 S. Shelley Street
Mohegan Lake, New York 10547
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.
ALTMAN, J.P. KRAUSMAN, CRANE, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 2787
Mid-State Corr. Fac.
Box 2500
Marcy, New York 13403
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6161
F/
FRED T. SANTUCCI, J.
|
2003-09226 The People, etc., plaintiff, v Kelvin Subgidio, defendant. (Ind. No. 99-00095)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Rockland County, dated September 30, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
FRED T. SANTUCCI
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6526
CF/
|
2003-10131 The People, etc., ex. rel. Carol Ann Mosca, petitioner, v Virginia Sussman, etc., respondent. (Index No. 900427/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the petitioner to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 31, 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