Appellate Division: Second Judicial Department
M34702
M/nal
HOWARD MILLER, J.P.
WILLIAM A. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-09149
Cristina F. Cardinal, respondent, v Lucien F. Cardinal, appellant. (Index No. 16630-97)
| DECISION & ORDER ON MOTION |
Appeal by Lucien F. Cardinal from an order of the Supreme Court, Westchester County, dated August 5, 2005. By order to show cause dated December 9, 2005, the parties 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 proceeding for failure to comply with a scheduling order dated November 4, 2005, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
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 March 6, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34709
T/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-10554 George Cavanagh, et al., respondents, v Mega Contracting, Inc., defendant second/third-party-plaintiff appellant-respondent, et al., defendants; Bay Ridge Mechanical Corp., second/third-party-defendant respondent-appellant. (and other third-party actions). (Index No. 13231/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay the trial in the above-entitled action pending hearing and determination of an appeal and a cross appeal from an order of the Supreme Court, Suffolk County, dated October 12, 2005.
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 trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal.
FLORIO, J.P., RITTER, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34713
S/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-12004 Everly D. Brown, Inc., appellant-respondent, v City of New York, et al., respondents-appellants.
(Index No. 14003/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay the trial of the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Queens County, dated November 9, 2005.
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 the trial of the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before February 14, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 14, 2006, the court, on its own motion, may vacate the stay.
FLORIO, J.P., RITTER, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34697
M/nal
|
2005-07103 Thomas A. Jackson, respondent, v Kim Jackson, appellant. (Index No. 06296/96)
| SCHEDULING ORDER |
Appeal by Kim Jackson from an order of the Supreme Court, Suffolk County, dated June 20, 2005. 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 is enlarged until January 26, 2006, and the appellant's record or appendix on appeal and the appellant's brief shall be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34720
Y/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-09505 Patricia Kilkenny, respondent, v John Kilkenny, appellant. (Index No. 201132/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay stated portions of an order of the Supreme Court, Nassau County, dated September 6, 2005, pending hearing and disposition 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.
FLORIO, J.P., RITTER, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34736
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2003-09337 Rocco Mancini, et al., respondents, v Hardscrabble Commons Associates, etc., et al., appellants.
(Index No. 144/01)
| DECISION & ORDER ON MOTION |
Application by the appellants to substitute Neil S. Goldstein and Merritt Levine, as administrators of the estate of Herman Stern, for the deceased appellant Herman Stern, on an appeal from a judgment of the Supreme Court, Dutchess County, dated September 9, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted, and Neil S. Goldstein and Merritt Levine, as administrators of the estate of Herman Stern, are substituted for the deceased appellant Herman Stern, and the caption of the action has been amended accordingly.
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34711
T/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2006-00110 Gail McGuire, plaintiff, v William McGuire, etc., defendant. (Index No. 19171/03)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal to this court from an order of the Supreme Court, Westchester County, entered December 20, 2005, and to stay all proceedings in the above-entitled action, including enforcement of the order, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied, as the order entered December 20, 2005, is not appealable as of right or by permission (see Chateau Rive Corp. v Enclave Development Assocs., 283 AD2d 537); and it is further,
ORDERED that the motion is otherwise denied as academic.
FLORIO, J.P., RITTER, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34693
M/nal
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-01820 Marilyn Scarlett, appellant, v Humphrey Scarlett, respondent. (Index No. 20251/00)
| SCHEDULING ORDER |
Appeal by Marilyn Scarlett from a judgment of the Supreme Court, Nassau County, dated January 25, 2005. 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 February 6, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34705
T/sl
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-03677, 2005-06091 In the Matter of Robert Bernstein, respondent, v Paul Feiner, etc., et al., appellants. (Index No. 10944/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect appeals from a judgment of the Supreme Court, Westchester County, dated February 17, 2005, and an order of the same court dated May 6, 2005.
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 appellants' time to perfect the appeals is enlarged until February 10, 2006, 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.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34486
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
DAVID S. RITTER, JJ.
|
1998-00531
In the Matter of Stanley Edward Bogal, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Stanley Edward Bogal, respondent. (Attorney Registration No. 157661)
| DECISION & ORDER ON MOTION |
Motion by the Grievance Committee for the Tenth Judicial District for an order: 1) vacating so much of this court's decision and order on motion dated November 1, 2004, as directed the resumption of the disciplinary proceeding against the respondent which previously had been held in abeyance upon his medical suspension; and 2) referring the matter back to the Grievance Committee for the Tenth Judicial District for reconsideration and evaluation. By decision and order on motion of this court dated March 5, 1998, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent, and the matter was referred to the Honorable Luigi R. Marano, as Special Referee, to hear and report. By subsequent decision and order on motion of this court dated June 29, 1998, the Grievance Committee was authorized to prosecute two additional charges of professional misconduct against the respondent, which were referred to the previously-appointed Special Referee. By further decision and order on motion of this court dated October 26, 1999, the petitioner's motion to confirm the report of the Special Referee and the respondent's cross motion, inter alia, to disaffirm the report were held in abeyance pending receipt of a report of a qualified medical expert regarding the respondent's ability to appear at the hearing and adequately defend himself and his fitness to practice law. By decision and order on motion of this court dated April 3, 2001, the respondent was suspended from the practice of law pursuant to 22 NYCRR 691.13(b) on the ground that he was incapacitated from continuing to practice law by reason of a medical disability and the previously-authorized disciplinary proceeding against him was held in abeyance. By decision and order on motion dated March 29, 2004, this court granted those branches of the respondent's motion and the Grievance Committee's cross motion which were for an order directing that the respondent be examined by a qualified medical expert to determine whether he is still suffering from a disability that makes it impossible for him to appear at a hearing and defend himself and whether he is still incapacitated from practicing law. The court held in abeyance, pending receipt of the report of the medical expert, those branches of the motion and cross motion which were to reopen the disciplinary proceeding or direct that it be resumed from the point at which it was held in abeyance. By decision and order on motion dated November 1, 2004, the court, upon receipt of the medical report of Michael N. Greenblatt, M.D., (1) vacated the suspension imposed upon the respondent by order dated April 3, 2001, and reinstated him to the practice of law; (2) granted those branches of the respondent's motion and the Grievance Committee's cross motion "which were to reopen the disciplinary proceeding and direct that the disciplinary proceeding be resumed from where it was held in abeyance or that the hearing be reopened to both sides" to the extent that the hearing before Special Referee Marano was re-opened to afford both the respondent and the petitioner an opportunity to present such additional evidence with respect to the pending charges as is deemed appropriate; and (3) continued to hold in abeyance the Grievance Committee's motion to confirm and the respondent's cross motion to disaffirm the Special Referee's report.
Upon the papers submitted in support of the motion and no papers having been submitted in opposition thereto, it is
ORDERED that the motion is granted in its entirety and this matter is referred back to the Grievance Committee for the Tenth Judicial District for whatever action is deemed appropriate.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and RITTER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34701
M/nal
HOWARD MILLER, J.P.
WILLIAM A. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-09589
In the Matter of Monique Clayburne, appellant, v Shawn Robinson, respondent. (Docket No. V-08081-05)
| DECISION & ORDER ON MOTION |
Appeal by Monique Clayburne from an order of the Family Court, Kings County, dated June 2, 2005. By order to show cause dated November 30, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated October 25, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated October 25, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34441
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
1991-06201
In the Matter of Charles F. Darlington, admitted as Charles Francis Darlington III, a disbarred attorney. (Attorney Registration No. 1526789)
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, Charles F. Darlington, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar on March 16, 1966, at a term of the Appellate Division of the Supreme Court in the Second Judicial Department, under the name Charles Francis Darlington III. By opinion and order of this court dated April 25, 1988, he was disbarred upon his conviction in the United States District Court for the Southern District of New York, on June 2, 1987, of three counts of filing false instruments on immigration petitions, (a felony), in violation of 18 USC §§ 1001 and 1002. By decision and order of this court dated October 7, 1991, his motion to vacate the order of disbarment, to amend the sanction imposed to a suspension, and to allow him to apply for reinstatement, was denied. By decisions and orders dated April 23, 1996, and April 28, 1997, respectively, the respondent's first two applications for reinstatement were denied. By subsequent decision and order of this court dated June 25, 1997, his motion for reconsideration and/or renewal of his second application was denied. By further decisions and orders dated February 17, 1998, and August 7, 2001, respectively, his third and fourth applications for reinstatement were denied. By decision and order on motion dated December 12, 2001, his motion, inter alia, for reconsideration of a decision and order of this court dated August 7, 2001, which denied his fourth application for reinstatement, or for leave to appeal to the Court of Appeals, was denied. By decision and order of this court dated September 10, 2002, his fifth application for reinstatement was denied. By decision and order on application of this court dated July 15, 2005, the respondent's sixth application for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report on his current fitness to be an attorney.
Upon the report of the Committee on Character and Fitness, it is
ORDERED that the motion is granted; and it is further,
ORDERED that, effective immediately, the respondent Charles F. Darlington, admitted as Charles Francis Darlington III, is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Charles F. Darlington, admitted as Charles Francis Darlington III, to the roll of attorneys and counselors-at-law.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34703
C/sl
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-09844 In the Matter of Mahitab El-Sheemy, petitioner- respondent, v Ezzat A. El-Sheemy, et al., appellants, et al., respondent. (Docket No. V-31752/04)
| DECISION & ORDER ON MOTION |
Separate appeals by Ezzat A. El-Sheemy and Ahmad El-Sheemy from an amended order of the Family Court, Kings County, dated August 29, 2005. By order to show cause dated December 9, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated November 4, 2005, issued pursuant to 22 NYCRR 670.4[a][2]. Motion by the appellant Ahmad El-Sheemy for poor person relief and the assignment of counsel.
Upon the papers filed in support of the order to show cause and the motion, and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the order to show cause which is to dismiss the appeal by the appellant Ezzat A. El-Sheemy is granted, and the appeal by the appellant Ezzat A. El-Sheemy is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated November 4, 2005; and it is further,
ORDERED that the order to show cause is otherwise denied; and it is further,
ORDERED that the motion by Ahmad El-Sheemy for poor person relief and assigned counsel 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 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 for Ahmad El-Sheemy to prosecute the appeal:
Peter H. Dailey, Esq.
420 Riverside Drive - Suite 2-E
New York, New York 10025
(212) 678-6238
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.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34700
M/nal
HOWARD MILLER, J.P.
WILLIAM A. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-07923
In the Matter of Kwieise F. (Anonymous), a/k/a Kiueisi F. (Anonymous). Administration for Children's Services, et al., respondents; Gregory J. (Anonymous), appellant. (Docket No. B-15397/03)
| DECISION & ORDER ON MOTION |
Appeal by Gregory J. from an order of the Family Court, Kings County, dated July 22, 2005. By order to show cause dated November 39, 2005, the parties 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 proceeding for failure to renew a motion for leave to prosecute the appeal as a poor person on or before November 28, 2005.
Now, on the court's own motion, and the papers filed in relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements.
H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34692
M/nal
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-07554 In the Matter of Adrian Fixman, appellant, v Melvin Fixman, respondent. (Docket No. U-11982/02)
| SCHEDULING ORDER |
Appeal by Adrian Fixman from an order of the Family Court, Queens County, dated July 1, 2005. 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 February 9, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34443
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
1991-10342
In the Matter of Joseph Richard Guardino, a disbarred attorney. (Attorney Registration No. 1550078)
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, Joseph Richard Guardino, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the practice of law at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 15, 1966. By opinion and order of this court dated December 7, 1992, the respondent was disbarred upon his default in appearing in his disciplinary proceeding. By decision and order on motion of this court dated March 2, 1993, his motion for reargument or for leave to appeal to the Court of Appeals from the opinion and order dated December 7, 1992, was denied. By decision and order on application dated November 28, 2000, the respondent's application for reinstatement as an attorney and counselor-at-law was denied. By decision and order on motion dated March 15, 2001, his motion for reargument was denied. By decision and order on motion dated March 25, 2005, the motion for reinstatement was held in abeyance and referred to the Committee on Character and Fitness to arrange for the examination of the respondent by a qualified medical expert to determine whether he is incapacitated from practicing law.
Upon the papers filed in support of the motion and the papers submitted in response thereto, and on the report from the Committee on Character and Fitness, it is
ORDERED that the motion is continued to be held in abeyance and the matter is referred again to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney, including but not limited to the current status of his admission to practice in the United States District Courts for the Eastern and Southern Districts of New York and the United States Supreme Court.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34694
M/nal
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON , JJ.
|
2004-07216 In the Matter of Robert Hausman, appellant, v Alita Hausman, respondent. (Docket No. F-083722/99)
| SCHEDULING ORDER |
Appeal by Robert Hausman from an order of the Family Court, Kings County, dated June 14, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 6, 2005, and the respondent's brief was served and filed on December 15, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time to serve and file a reply brief on the appeal is enlarged until January 13, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34691
M/nal
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-04220 In the Matter of Diamond K. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Doneisha H. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Deemeaka H. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Deseree J. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Deana J. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Jerail J. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-7310-02, N-7311-02, N-7312-02, N-7313-02, N-10384-03, N-328-05)
| SCHEDULING ORDER |
Appeal by Shameaka K. from an order of the Family Court, Queens County, dated April 6, 2005. The appellant's brief was filed in the office of the Clerk of this court on December 1, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until February 6, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34482
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
DAVID S. RITTER, JJ.
|
1998-02925
In the Matter of Julian Kaplan, a disbarred attorney. Grievance Committee for the Tenth Judicial District, petitioner; Julian Kaplan, respondent. (Attorney Registration No. 1679885)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to modify a decision and order on motion of this court dated May 30, 2003, which, pursuant to 22 NYCRR 691.10(g), appointed Thomas P.L. Mahoney as conservator to inventory the files of Julian Kaplan and to take such action as seems indicated to protect the interests of the respondent and his former clients. By opinion and order of this Court dated June 14, 1999, the respondent was disbarred as a result of a disciplinary proceeding in which a charge of conversion and misappropriation of client escrow funds was sustained. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on August 8, 1980.
Upon the papers submitted in support of the motion and the papers submitted in response thereto, it is
ORDERED that the court-appointed conservator, Thomas P.L. Mahoney, shall provide an inventory to the respondent and to the Grievance Committee for the Tenth Judicial District of all the files and property obtained from the respondent's former law office; and it is further,
ORDERED that in all other respects the respondent's motion is denied, without prejudice to the conservator, Thomas P.L. Mahoney, to move to be relieved from his appointment as conservator upon confirmation that all of the files of the respondent's former clients involve completed matters, that there have been no complaints from the respondent's former clients and that no prejudice would arise to the former clients.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and RITTER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34440
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-04551
In the Matter of Warren R. Kraft, admitted as Warren Randolph Kraft, an attorney and counselor-at-law. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Warren R. Kraft, respondent. (Attorney Registration No. 2205706)
| DECISION & ORDER ON MOTION |
Motion by Jerome Karp, P.C., attorney of record for the respondent, to be relieved as attorney of record in this proceeding and for a stay of proceedings sufficient to enable the respondent to obtain new counsel or to proceed pro se. By decision and order on motion of this court dated October 11, 2005, the respondent was suspended from the practice of law, pending further order of the court, pursuant to 22 NYCRR 691.4(l)(1)(i), based upon a prima facie finding that he is guilty of professional misconduct immediately threatening the public interest based upon his failure to cooperate with the Grievance Committee. In the course of that order, the court authorized the Grievance Committee to serve a second supplemental petition, dated June 23, 2005, upon the respondent, directed the respondent to submit an answer within 20 days, and referred the issues raised to the Honorable James A. Gowan, as Special Referee, along with the charges previously referred to him. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 27, 1988, under the name Warren Randolph Kraft.
Upon the papers submitted in support of the motion and the Grievance Committee's response thereto, it is
ORDERED that the motion is granted and Jerome Karp, P.C., is relieved as counsel for the respondent in this proceeding; and it is further,
ORDERED that this proceeding is adjourned for 30 days from the date of service of a copy of this decision and order on motion upon the respondent to afford him an opportunity to obtain new counsel or to proceed pro se.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34438
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
ROBERT A. SPOLZINO, JJ.
|
1999-05600
In the Matter of Robert E. Liedy, admitted as Robert Edward Liedy, a suspended attorney. (Attorney Registration No. 1024272)
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated November 6, 2000, the respondent was suspended from the practice of law for a period of two years, effective December 11, 2000, based upon charges that he engaged in improper conduct involving fraud, deceit, or misrepresentation, which was prejudicial to the administration of justice and which adversely reflected on his fitness to practice law, based upon his depositing personal funds into his attorney escrow fund in an effort to prevent his creditors from locating his assets and executing judgments obtained against him, and improperly drawing checks upon his IOLA account payable to cash. By decision and order on motion dated November 24, 2004, the respondent's first application for reinstatement was denied with leave to renew upon proof that he re-registered with the Office of Court Administration and upon submission of his tax records for the years 2000 and 2001, if filed. By decision and order on motion of this court dated May 9, 2005, the respondent's second application for reinstatement was held in abeyance and referred to the Committee on Character and Fitness. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 13, 1976, under the name Robert Edward Liedy.
Upon the report of the Committee on Character and Fitness, it is
ORDERED that the motion is granted; and it is further,
ORDERED that, effective immediately, the respondent Robert E. Liedy, admitted as Robert Edward Liedy, is reinstated as an attorney and counselor-at-law and the Clerk of the Court is directed to restore the name of Robert E. Liedy, admitted as Robert Edward Liedy, to the roll of attorneys and counselors-at-law.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34715
M/nal
ANITA R. FLORIO , J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
JOSEPH COVELLO , JJ.
|
2005-02516 In the Matter of Wisdom M. (Anonymous). Administration for Children's Services, respondent; Catherine M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Wadjet R. (Anonymous). Administration for Children's Services, respondent; Catherine M. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-2469/03, N-1100/04)
| SCHEDULING ORDER |
Appeal by Catherine M. from an order of the Family Court, Richmond County, dated January 31, 2005. 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 February 3, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., RITTER, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34436
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
FRED T. SANTUCCI, JJ.
|
1990-10092
In the Matter of Paul S. Mirman, admitted as Paul Mirman, a disbarred attorney. (Attorney Registration No. 1388008)
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division in the Second Judicial Department on March 19, 1969, under the name Paul Mirman. By opinion and order of this court dated May 20, 1991, he was disbarred based on eight charges of neglecting personal injury matters entrusted to him. By decisions and orders on motions of this court dated February 26, 1992, and November 30, 1994, respectively, his motions for reargument and/or renewal of the order of disbarment were denied. His first application for reinstatement was denied by decision and order on application of this court dated March 15, 1999. By decision and order on application of this court dated April 3, 2003, the respondent's second application for reinstatement was denied. By decision and order on motion of this court dated April 8, 2005, the respondent's third application for reinstatement was held in abeyance and the matter referred to the Committee on Character and Fitness to investigate and report on his current fitness to be attorney, including obtaining proof of the his satisfaction of the claims which gave rise to the charges against him and the Committee on Character and Fitness was directed to arrange for the expeditious examination of the respondent by a qualified medical expert to determine whether he is incapacitated from continuing to practice law.
Upon the report of the Committee on Character and Fitness, it is
ORDERED that the motion is granted; and it is further,
ORDERED that, effective immediately, the respondent Paul S. Mirman, admitted as Paul Mirman, is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Paul S. Mirman, admitted as Paul Mirman, to the roll of attorneys and counselors-at-law.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34452
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
DAVID S. RITTER, JJ.
|
2002-05212
In the Matter of Steven J. Nechamkus, a suspended attorney. (Attorney Registration No. 2574853)
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, Steven J. Nechamkus, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on November 1, 1993. By opinion and order of this court dated December 8, 2003, he was suspended from the practice of law for a period of one year, effective immediately, with reinstatement contingent upon proof of his continued sobriety. The respondent had been suspended by order of this court dated October 2, 2002, pursuant to 22 NYCRR 691.4(l)(1)(ii), upon a finding that he constituted an immediate threat to the public interest based upon substantial admissions under oath. By decision and order on motion of this court dated December 1, 2004, the respondent's motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report with respect to the respondent's current fitness to be an attorney, including but not limited to, his completion of the required form questionnaire, tax returns, proof of obtaining a passing score on the August 2004 MPRE, and proof of his continued sobriety.
Upon the report of the Committee on Character and Fitness, it is
ORDERED that the motion is granted; and it is further,
ORDERED that, effective immediately, the respondent Steven J. Nechamkus is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Steven J. Nechamkus to the roll of attorneys and counselors-at-law.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and RITTER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34712
M/nal
HOWARD MILLER, J.P.
WILLIAM A. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-09613
In the Matter of Roslyn Nieves, respondent, v Michael Gordon, appellant. (Docket No. F-524-96)
| DECISION & ORDER ON MOTION |
Appeal by Michael Gordon from an order of the Family Court, Nassau County, dated August 1, 2005. By order to show cause dated November 30, 2005, the parties 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 proceeding for failure to comply with a scheduling order dated October 25, 2005, issued pursuant to 22 NYCRR 670.4(a)(5). Application by the appellant to withdraw the appeal.
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that application is granted, and the appeal is deemed withdrawn, without costs or disbursements.
H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34449
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
GABRIEL M. KRAUSMAN, JJ.
|
2005-00864
In the Matter of Louis A. H. Pepper, admitted as Louis Aaron Pepper, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; Louis A. H. Pepper, respondent. (Attorney Registration No. 1303288)
| DECISION & ORDER ON MOTION |
Motions by the Grievance Committee for the Tenth Judicial District for an order finding the respondent in default of his obligation to answer a January 21, 2005, petition, deeming the charges contained in the petition established, and imposing such discipline upon the respondent as the court deems just and proper. Separate motion by the respondent's counsel, Buchanan Ingersoll, PC, (1) to be relieved as counsel for the respondent on the ground that the respondent has deliberately disregarded an agreement and an obligation to pay legal fees and expenses, (2) declaring that it has no further responsibility in this matter, (3) allowing the respondent the opportunity to take such steps as he may deem necessary to preserve his rights in this matter, and (4) granting a stay of proceedings for 30 days. By decision and order on motion of this court dated May 9, 2005, the respondent was immediately suspended from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i), upon a finding that he was guilty of professional misconduct immediately threatening the public interest in that he failed to cooperate with the Grievance Committee's investigation, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against him, and the issues raised were referred to the Honorable Lawrence J. Bracken, as Special Referee to hear and report. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 26, 1973, under the name Louis Aaron Pepper.
Upon the papers submitted in support of the motions and the papers submitted in opposition thereto, it is
ORDERED that the motion by Buchanan Ingersoll, PC, is granted and Buchanan Ingersoll, PC, is relieved as counsel for the respondent; and it is further,
ORDERED that the matter is adjourned for 30 days from service of a copy of this decision and order on motion upon the respondent for the purpose of allowing the respondent to obtain new counsel or to submit an answer pro se; and it is further,
ORDERED that the Grievance Committee's motion for an order finding the respondent in default is denied with leave to renew in the event the respondent fails to act within 30 days.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34704
M/nal
HOWARD MILLER, J.P.
WILLIAM A. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-06834
In the Matter of Helen Piro, appellant, v Carl Piro, respondent. (Docket No. F-17482-04)
| DECISION & ORDER ON MOTION |
Appeal by Helen Piro from an order of the Family Court, Suffolk County, dated June 27, 2005. By order to show cause dated December 5, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated October 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and the papers filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated October 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34696
M/nal
STEPHEN G. CRANE , J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON , JJ.
|
2005-03775 In the Matter of Jonathan R. (Anonymous). Seaman's Society for Children and Families, petitioner-respondent; Michael R. (Anonymous), appellant; et al., respondent. (Docket No. B-5276-04)
| SCHEDULING ORDER |
Appeal by Michael R. from an order of the Family Court, Richmond County, dated April 12, 2005. The appellant's brief was filed in the office of the Clerk of this court on December 2, 2005. 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 time to serve and file a brief on the appeal is enlarged until February 20, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34714
M/nal
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-06256 In the Matter of Robert Serrano, Jr., appellant, v Tanika Greene, et al., respondents. (Docket No. V-01466-93)
| SCHEDULING ORDER |
Appeal by Robert Serrano, Jr. from an order of the Family Court, Richmond County, dated January 27, 2005. 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 February 16, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., RITTER, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34699
M/nal
HOWARD MILLER, J.P.
WILLIAM A. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-10121
In the Matter of Ricardo Shaw, respondent, v Ladonnesier Shaw, appellant. (Docket No. U-03347/04)
| DECISION & ORDER ON MOTION |
Appeal by Ladonnesier Shaw from an order of the Family Court, Kings County, dated September 19, 2005. By order to show cause dated December 9, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated November 4, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated November 4, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34477
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2003-09458
In the Matter of Neal M. Sher, a suspended attorney. (Attorney Registration No. 1092329)
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, Neal M. Sher, for reinstatement as an attorney and counselor-at-law. By decision and order on motion of this court dated December 31, 2003, the Grievance Committee's motion to impose reciprocal discipline upon the respondent based upon disciplinary action taken against him in the District of Columbia, was held in abeyance pending a hearing, upon the respondent's request, and the issues raised were referred to the Honorable John A. Monteleone, as Special Referee to hear and report. By opinion and order of this court dated February 14, 2005, the respondent was suspended from the practice of law for a period of one year, commencing March 14, 2004. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 25, 1973.
Upon the papers filed in support of the motion and the papers submitted in response thereto, it is
ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report with respect to the respondent's current fitness to be an attorney including, but not limited, to his employment since his suspension from the practice of law.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34480
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2003-09401
In the Matter of Claude Nelson Stuart, a suspended attorney. (Attorney Registration No. 2238061)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, for leave to renew and/or reargue an opinion and order of this court dated September 26, 2005, or alternatively, for leave to appeal to the Court of Appeals from the opinion and order. In the opinion and order dated September 26, 2005, the respondent was suspended from the practice of law for a period of three years, commencing October 26, 2005, after a hearing before a Special Referee, who sustained one charge of professional misconduct alleging that the respondent gave false information to a Justice of the Supreme Court during a criminal trial. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 18, 1989.
Upon the papers filed in support of the motion and the papers submitted in response thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34695
M/nal
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-08185 In the Matter of Douglas A. Thomas, appellant, v Joanne M. Lombardo, respondent. (Docket No. F-6866-04)
| DECISION & ORDER ON MOTION |
Appeal by Douglas A. Thomas from an order of the Family Court, Nassau County, dated August 3, 2005. By decision and order on motion dated November 10, 2005, the appellant was given until December 30, 2005, to perfect the above-entitled appeal. The appeal has not been perfected. On the court's own motion it is
ORDERED that the appeal is dismissed, without costs or disbursements.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34698
M/nal
HOWARD MILLER, J.P.
WILLIAM A. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-05898, 2005-05899
In the Matter of Israel Valle, appellant, v Ventura Valle, respondent. (Docket Nos. O-08704-05, O-014214-02)
| DECISION & ORDER ON MOTION |
Appeals by Israel Valle from two orders of the Family Court, Queens County, both dated May 13, 2005. By order to show cause dated December 1, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated October 19, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with a scheduling order dated October 19, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34710
E/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-11996 In the Matter of Ofer D. Vazana, appellant, v Hagit Vazana, respondent.
(Docket No. V-8294-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Family Court, Nassau County, dated December 12, 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 granted to the extent that the respondent is prohibited from removing the subject child from the State of New York pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 10, 2006, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 10, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
FLORIO, J.P., RITTER, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34660
F/
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2004-00266 The People, etc., respondent, v Martin Banks, appellant. (S.C. I. No. 03-00899)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered December 4, 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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
CRANE, J.P., KRAUSMAN, RIVERA, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34657
F/
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-11285, 2005-11294 The People, etc., plaintiff, v Derek Beckwith, defendant. (Ind. Nos. 00-00107, 05-00368)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take appeals from two judgments of the County Court, Orange County, both rendered October 17, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
CRANE, J.P., KRAUSMAN, RIVERA, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M34682
F/
DAVID S. RITTER, J.
|
2005-10277 The People, etc., plaintiff, v Joseph C. Brown, defendant. (Ind. No. 334/82)
| 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 29, 2005, 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.
DAVID S. RITTER
Associate Justice
Appellate Division : Second Judicial Department
M34683
F/
DAVID S. RITTER, J.
|
2005-10503 The People, etc., plaintiff, v William Brown, defendant. (Ind. No. 01-01415)
| 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 September 26, 2005, 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.
DAVID S. RITTER
Associate Justice
Appellate Division: Second Judicial Department
M34654
F/
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2003-04039 The People, etc., respondent, v Jarvis Campbell, appellant. (Ind. No. 3842/01)
| 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 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.
CRANE, J.P., KRAUSMAN, RIVERA, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M34717
F/nl
A. GAIL PRUDENTI, P.J.
|
2005-10753 The People, etc., plaintiff, v Antwon Dennis, defendant. (Ind. No. 12843/89)
| 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 3, 2005, 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.
A. GAIL PRUDENTI
Presiding Justice
Appellate Division: Second Judicial Department
M34706
C/sl
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
1993-04232, 1993-04233, 1993-04234 The People, etc., respondent, v Rory Dolan, appellant. (Ind. Nos. 697/91, 1002/91, 1556/91)
| DECISION & ORDER ON MOTION |
Appeals by the defendant from three judgments of the County Court, Suffolk County, all rendered May 27, 1993. By order to show cause dated November 30, 2005, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that he has abandoned the appeal. Renewed motion by the appellant for poor person relief.
Upon the papers filed in support of the order to show cause and the motion, and the papers filed in opposition or relation thereto, it is
ORDERED that the order to show cause is granted, and the appeal is dismissed; and it is further,
ORDERED that the renewed motion for poor person relief is denied as academic.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34655
F/
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-11137 The People, etc., plaintiff, v Mario Espinal, defendant. (Ind. No. 04-00550)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Orange County, rendered February 10, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
CRANE, J.P., KRAUSMAN, RIVERA, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M34680
F/
DAVID S. RITTER, J.
|
2005-08853 The People, etc., plaintiff, v Joseph Evans, defendant. (Ind. No. 01-00796)
| 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, Orange County, dated August 25, 2005, 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.
DAVID S. RITTER
Associate Justice
Appellate Division: Second Judicial Department
M34653
F/
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2004-06322 The People, etc., respondent, v Rodney Jackson, appellant. (Ind. No. 03-01094)
| 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 29, 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.
CRANE, J.P., KRAUSMAN, RIVERA, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34662
F/
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-10932
The People, etc., respondent, v Cornell James, appellant. (Ind. No. 683-05)
| 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 November 3, 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 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 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 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 County - 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.
CRANE, J.P., KRAUSMAN, RIVERA, and DILLON, 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
Appellate Division: Second Judicial Department
M34659
F/
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-09554 The People, etc., respondent, v Stephen Kelemen, appellant. (Ind. No. 744-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered September 22, 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 relation 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, and appellant's current employment status, and (2) the amount and source of counsel fees paid to retained counsel.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M34681
F/
DAVID S. RITTER, J.
|
2005-10713 The People, etc., plaintiff, v Courtney Kelly, defendant. (Ind. No. 596/86)
| 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 28, 2005, 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.
DAVID S. RITTER
Associate Justice
Appellate Division: Second Judicial Department
M34652
F/
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2004-06760 The People, etc., respondent, v Roque Laboy, appellant. (Ind. No. 03-00370)
| 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 County Court, Orange County, rendered August 3, 2004, 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 advise the appellant of the date by which the minutes are to be returned and the brief filed.
CRANE, J.P., KRAUSMAN, RIVERA, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
04 A 4329
Bare Hill Corr. Fac.
Caller Box 20
Malone, New York 12953
Appellate Division: Second Judicial Department
M34650
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-02883 The People, etc., respondent, v Terrell Lambert, appellant. (Ind. No. 2319/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for the law firm of Orrick, Herrington & Sutcliffe, 666 Fifth Avenue, New York, New York 10103-0001, to be assigned as pro-bono co-counsel to represent him jointly with Lynn W. L. Fahey, Esq., Appellate Advocates on an appeal from a judgment of the Supreme Court, Kings County, rendered March 23, 2004.
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.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34646
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-06002 The People, etc., respondent, v Delon Lucas, appellant. (Ind. No. 4882/02)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 19, 2005. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on September 22, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
The Legal Aid Society
99 Water Street - 5th Floor
New York, New York 10038
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 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.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 2360
P.O. Box 2000
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M34648
F/
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-11460
The People, etc., respondent, v Bryant McCauley, appellant. (Ind. No. 346-05)
| 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 appellant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered October 6, 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 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's moving papers are deemed to constitute a timely notice of appeal; 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 respondents' 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 in 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 or 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 County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and 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.
H. MILLER, J.P., MASTRO, FISHER, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 R 4339
Mid-State Corr. Fac.
P.O. Box 2500
Marcy, New York 13403
Appellate Division: Second Judicial Department
M34658
F/
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-10926 The People, etc., respondent, v Jamien K. Medina, appellant. (Ind. No. 2293-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered November 1, 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 relation 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.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34672
F/
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-11133
The People, etc., respondent, v Leonard Moriah, appellant. (Ind. No. 04-00088)
| 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 appellant, pro se, in effect, pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Westchester County, rendered April 25, 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 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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondents' 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 in 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 or 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 County
One North Broadway, 9th Floor
White Plains, New York 10601
and 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.
CRANE, J.P., KRAUSMAN, RIVERA, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 2427
Gouverneur Corr. Fac.
Box 480
Gouverneur, New York 13642
Appellate Division: Second Judicial Department
M34645
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-04764 The People, etc., respondent, v Ricardo Reyes, appellant. (Ind. No. 474/04)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered May 9, 2005. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on September 22, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
The Legal Aid Society
99 Water Street - 5th Floor
New York, New York 10038
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 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.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 2622
Downstate Corr. Fac.
P.O. Box 445
Fishkill, New York 12524
Appellate Division : Second Judicial Department
M34718
F/
A. GAIL PRUDENTI, P.J.
|
2005-11389 The People, etc., plaintiff, v Rene Rivera, defendant. (Ind. No. 03-00496)
| 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 November 9, 2005, 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.
A. GAIL PRUDENTI
Presiding Justice
Appellate Division: Second Judicial Department
M34647
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-04518 The People, etc., respondent, v Abelando Torres, appellant. (Ind. No. 3058/04)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered May 3, 2005. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on September 22, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
The Legal Aid Society
99 Water Street - 5th Floor
New York, New York 10038
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 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.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 2503
Downstate Corr. Fac.
P.O. Box F - Red Schoolhouse Road
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M34481
F/
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
|
2005-03244 The People, etc., respondent, v Everton Wagstaffe, appellant. (Ind. No. 1545/92)
| DECISION & ORDER ON MOTION |
Motion by The Legal Aid Society, to be substituted as assigned counsel, in place of the Appellate Advocates, to prosecute an appeal from an order of the Supreme Court, Kings County, dated March 1, 2005, issued pursuant to CPL 440.30. The appellant's motion to dispense with printing and for assignment of counsel was granted on August 8, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted; and said assigned counsel is directed to turn over all papers in the action to newly assigned counsel:
The Legal Aid Society
199 Water Street - 5th Floor
New York, New York 10038
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 (22 NYCRR 670.1, et seq.) and written directions.
PRUDENTI, P.J., ADAMS, SPOLZINO, and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34765
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-09341 The People, etc., respondent, v Joshua B. Ward, appellant. (Ind. No. 01-00150)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that the decision and order on motion of this court, dated November 17, 2005, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the County Court, Orange County, rendered October 14, 2004, is recalled and vacated; and it is further,
ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.
The appellant has failed to file a supplemental brief although afforded sufficient opportunity to do so.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M34612
K/sl
WILLIAM F. MASTRO, J.
|
2005-11291
The People, etc., respondent, v Michael D. Wesley, appellant. (Ind. No. 1395/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered November 15, 2005, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
WILLIAM F. MASTRO
Associate Justice
Appellate Division: Second Judicial Department
M34664
F/
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-11329, 2005-11330
The People, etc., respondent, v Adam Winterfield, appellant. (Ind. Nos. 2429-04, 344-05)
| 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 judgments of the County Court, Suffolk County, both rendered November 18, 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 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 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 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 County - 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.
CRANE, J.P., KRAUSMAN, RIVERA, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 R 5028
Ulster Corr. Fac.
P.O. Box 800
Napanoch, New York 12458