Appellate Division: Second Judicial Department
M35210
L/
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2004-04026
Charles Arcamona, et al., respondents, v Monte J. Nussbaum, appellant, et al., defendant. (Index No. 5171/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 31, 2004.
Upon the stipulation of the attorneys for the respective parties, dated December 12, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
KRAUSMAN, J.P., GOLDSTEIN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35204
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-02225 Joan Bauer, appellant, v David W. Langerman, M.D., P.C., d/b/a Langerman Eye Institute, et al., respondents. (Index No. 13911/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 7, 2005.
Upon the stipulation of the attorneys for the respective parties, dated January 3, 2006, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35205
L/
ANITA R. FLORIO
DAVID S. RITTER
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2004-10182 Dudley Beadle, respondent, v JEM-Erectors, Inc., et al., defendants, HRH Corporation, et al., appellants. (Index No. 29928/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 27, 2004.
Upon the stipulation of the attorneys for the respective parties, dated January 6, 2006, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
FLORIO, J.P., RITTER, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35196
L/
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2004-10251 Angelique Blair, appellant-respondent, v Sophia Blaine, et al., respondents-appellants. (Index No. 2598/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated October 26, 2004.
Upon the stipulation of the attorneys for the respective parties, dated January 13, 2006, it is
ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.
H. MILLER, J.P., LUCIANO, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35061
A/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2005-08899, 2005-08907 Veda Lemene Brevilus, appellant, v Jean Maneus Brevilus, respondent. (Index No. 204430/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, dated August 1, 2005, and August 3, 2005, respectively, inter alia, in effect, to stay enforcement of the order dated August 3, 2005, pending hearing and determination of the appeals.
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, in effect, to stay enforcement of the order dated August 3, 2005, is granted and enforcement of the order dated August 3, 2005, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before February 22, 2006; and it is further,
ORDERED that in the event the appeals are not perfected on or before February 22, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35172
S/sl
|
2005-07144
Shante Cruz, etc., et al., appellants, v David C. Williams, et al., respondents. (Index No. 16384/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated May 27, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 21, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35203
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-04859
Andrew DeSimone, plaintiff, v Jewish Community Center of the Upper West Side, Inc., defendant-appellant, AMEC, a/k/a Morse Diesel International, Inc., defendant third-party plaintiff- appellant; Cox Mechanical Contracting, Inc., et al., third-party defendants-respondents.
(Index No. 31584/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw appeals from an order of the Supreme Court, Kings County, dated May 4, 2005.
Upon the stipulation of the attorneys for the respective parties, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35195
L/
ANITA R. FLORIO, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-02530 Guido Derlly, et al., respondents, v James F. Fitzpatrick, appellant, et al., defendant. (Index No. 6085/04)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 17, 2005.
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
FLORIO, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35176
S/sl
|
2005-06232
Marjorie Desinor, appellant, v New York City Transit Authority, respondent. (Index No. 4500/92)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, entered April 11, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 21, 2006, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35174
S/sl
|
2005-07286
Emptage & Associates, Inc., appellant, v Cape Hampton, LLC, respondent. (Index No. 04-8264)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, entered June 21, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 21, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35180
S/sl
|
2005-10329
Roy Forlong, et al., respondents, v Jamurath Faulton, et al., appellants. (Index No. 32685/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated September 28, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 22, 2006, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35199
L/
BARRY A. COZIER, J.P.
ROBERT A. SPOLZINO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2003-09644 Vyacheslav Korzh, et al., appellants, v Blanch Fox, respondent. (Index No. 44569/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 14, 2003.
Upon the stipulation of the attorneys for the respective parties, dated February 2, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
COZIER, J.P., SPOLZINO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35200
L/
BARRY A. COZIER, J.P.
ROBERT A. SPOLZINO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2003-09645 Vyacheslav Korzh, et al., appellants, v Blanch Fox, respondent. (Index No. 44569/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 21, 2003.
Upon the stipulation of the attorneys for the respective parties, dated February 2, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
COZIER, J.P., SPOLZINO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35201
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-03863 Jan Matejkowski, respondent, v Hilton Hotels Corporation, appellant. (Index No. 16881/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated February 4, 2005.
Upon the stipulation of the attorneys for the respective parties, dated December 7, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35197
L/
BARRY A. COZIER, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2004-10968
Tricia Michels, et al., respondents, v Richard J. Grant, et al., appellants. (Index No. 24653/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 12, 2004.
Upon the stipulation of the attorneys for the respective parties, dated January 5, 2006, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35188
E/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2005-08453 Evette Munoz, etc., et al., respondents, v City of New York, defendant, New York City Housing Authority, appellant.
(Index No. 45227/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 29, 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.
H. MILLER, J.P., LUCIANO, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35164
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-11309 People of the State of New York, etc., respondent, v Jason L. Annunziato, appellant.
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel |
Motion by the appellant pro se for leave to prosecute an appeal from a determination of the Supreme Court, Suffolk County, dated November 23, 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 that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law 168-n (3), his status as a poor person continues on 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 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 in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 the branch of the motion which is to assign counsel is granted and 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 the filing fee is waived (see CPLR 1103[d]); 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.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
409 Wading River Manor Road
Manorville, New York 11949
Appellate Division: Second Judicial Department
M35207
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A ADAMS, JJ.
|
2005-04788 Susan Russell, et al., plaintiffs-respondents, v Chong Choi, defendant third-party plaintiff-respondent, Rojano M. Guadalupe, et al., appellants; City of New York, third-party defendant-respondent. (Index No. 23384/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme court, Queens County, dated April 8, 2005.
Upon the stipulation of the attorneys for the respective parties, dated December 19, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35202
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-00340 Frank Schrock, plaintiff-respondent, v Royce Development, LLC, defendant third-party plaintiff-appellant; Harold Bilodeau, third-party defendant-respondent. (Index No. 4217/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated December 13, 2004.
Upon the stipulation of the attorneys for the respective parties, dated December 22, 2005, December 23, 2005 and December 29, 2005, respectively, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35187
Y/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2006-00098 Guadalupe Vazquez, plaintiff-respondent, v Arlen Senior Housing, Inc., et al., defendants third-party plaintiffs-respondents, LCC Contracting Corp., defendant third-party defendant/fourth-party plaintiff-appellant; Santa Fe Drywall Corp., fourth-party defendant (and other titles). (Index No. 7654/03)
| DECISION & ORDER ON MOTION |
Motion by LCC Contracting Corp. to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated October 24, 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.
PRUDENTI, P.J., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35179
S/sl
|
2004-09369
Thomas Vincente, et al., respondents, v Roy Kay, Inc., appellant (and a third-party action). (Appeal No. 1) 2005-00447 Thomas Vincente, et al., appellants-respondents, v Roy Kay, Inc., defendant first and second third-party plaintiff-respondent-appellant; RJR Mechanical, Inc., third-party defendant- respondent-appellant; Leewen Contracting Corp., second third-party defendant-respondent-appellant. (Appeal No. 2) 2005-02577 Thomas Vincente, et al., plaintiffs-respondents, v Roy Kay, Inc., defendant first and second third-party plaintiff-respondent; RJR Mechanical, Inc., third-party defendant-appellant; Leewen Contracting Corp., second third-party defendant- appellant. (Appeal No. 3) (Index No. 13377/00)
| ORDER ON APPLICATION |
Application by RJR Mechanical, Inc., and Leewen Contracting Corp. pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Richmond County, dated January 4, 2002 (Appellate Division Docket No. 2004-09369), and February 1, 2005 (Appellate Division Docket No. 2005-02577), respectively, and an appeal and cross appeals from an order of the same court dated November 23, 2004 (Appellate Division Docket No. 2005-00447).
ORDERED that the application is granted and on or before February 22, 2006, RJR Mechanical, Inc. and Leewen Contracting Corp. shall perfect the appeal from the order dated February 1, 2005, by serving and filing a brief on that appeal, which shall also include their arguments on the cross appeal from the order dated November 23, 2004; and it is further,
ORDERED that on or before March 29, 2006, Roy Kay, Inc., shall perfect the appeal from the order dated January 4, 2002, by serving and filing a brief on that appeal, which shall also include its arguments on the cross appeal from the order dated November 23, 2004, and in response to the appeal from the order dated February 1, 2005; and it is further,
ORDERED that on or before May 3, 2006, the plaintiffs shall serve and file their reply brief on all appeals; and it is further,
ORDERED that on or before May 18, 2006, RJR Mechanical, Inc., Leewen Contracting Corp., and Roy Kay, Inc., shall serve and file their respective reply briefs on all appeals.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35208
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-04535
WSMD Realty Corp., appellant-respondent, v Integrity Real Estate & Development, Inc., respondent-appellant. (Index No. 32338/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Queens County, dated April 19, 2004.
Upon the stipulation of the attorneys for the respective parties, dated December 20, 2005, it is
ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35171
F/
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2005-11031
In the Matter of Randy Brown, appellant, v Mona D. Wood, respondent. (Docket Nos. V-2339-05, V-2340-05)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Richmond County, dated October 17, 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 opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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 m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Carol Kahn, Esq.
225 Broadway - Suite 1510
New York, New York 10007
(212) 227-0206
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.
H. MILLER, J.P., LUCIANO, LUNN, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35206
L/
ROBERT W. SCHMIDT, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2005-00846
In the Matter of Eagle Insurance Company, petitioner-respondent, v Raymond Brown, respondent-respondent; Marie A. Durandisse, additional-respondent; Travelers Indemnity Company, appellant. (Index No. 10523/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated October 26, 2004.
Upon the stipulation of the attorneys for the respective parties, dated January 17, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
SCHMIDT, J.P., RIVERA, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35183
E/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2005-08147 In the Matter of Satwant Singh Garcha, appellant, v City Court (City of Beacon, Police Officer Sassi II), respondent. (Index No. 2299/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to enlarge the record on an appeal from a judgment of the Supreme Court, Dutchess County, dated July 18, 2005, to include a transcript made from a recorded disk in a traffic court proceeding.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., LUCIANO, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35182
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-10438 In the Matter of Fantaysia L. (Anonymous). Administration for Children's Services, respondent; Marguerite S. (Anonymous). appellant. (Docket No. N-11936-03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that the decision and order on motion in the above-entitled case dated January 4, 2006, on an appeal from an order of the Family Court, Kings County, dated October 7, 2005, is amended by deleting from the fourth decretal paragraph thereof the name "Cheryl Charles- Doval, Esq.", and substituting therefor the name"Cheryl Charles-Duval, Esq."
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35178
S/sl
|
2005-05250
In the Matter of Nicholas S. Nicklis, deceased. Elizabeth Anne Nicklis, appellant; Carol G. Nicklis, et al., respondents. (File No. 335006/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Nassau County, dated April 27, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 22, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35173
F/
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2005-10993
In the Matter of Kendra R. (Anonymous), appellant. (Docket No. D-21579-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated October 24, 2005, 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 Law Guardian, Robert S. Modena, Esq., 42-19A Bell Boulevard, Bayside, New York 11361, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:
Karen Morth, Esq.
67 Wall Street - 22nd Floor - #7
New York, New York 10005-3101
(518) 851-2152
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
H. MILLER, J.P., LUCIANO, LUNN, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35170
F/
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2004-02870 The People, etc., respondent, v James Baston, appellant. (Ind. No. 5422/02)
| DECISION & ORDER ON MOTION |
Renewed 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 March 24, 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 relation 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.
H. MILLER, J.P., LUCIANO, LUNN, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
04 A 1799
Clinton Corr. Fac.
Box 2001
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M35162
F/
GLORIA GOLDSTEIN, J.
|
2005-11709 The People, etc., respondent, v Troy Brinkhuis, appellant.
(Ind. No. 726-00)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
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, Suffolk County, dated November 23, 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 granted; the defendant is granted leave to appeal from the order of the County Court, Suffolk County, dated November 23, 2005, made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
GLORIA GOLDSTEIN
Associate Justice
Appellate Division: Second Judicial Department
M35166
F/
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2005-09209
The People, etc., respondent, v Ronald Colt, appellant. (Ind. No. 03-01698)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered June 16, 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:
Ron Stokes, Esq.
3224 S. Shelley Street
Mohegan Lake, New York 10547
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
H. MILLER, J.P., LUCIANO, LUNN, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 3373
Woodbourne Corr. Fac.
Box 1000
Woodbourne, New York 12788
Appellate Division: Second Judicial Department
M35185
E/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2003-08419 The People, etc., respondent, v Pedro Heureaux, appellant.
(Ind. No. 2900/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered July 24, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before March 27, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
H. MILLER, J.P., LUCIANO, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M35145
F/
ROBERT J. LUNN, J.
|
2005-11072 The People, etc., plaintiff, v Juan Martinez, defendant. (Ind. No. 4871/87)
| 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 27, 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.
ROBERT J. LUNN
Associate Justice
Appellate Division: Second Judicial Department
M34483
E/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-07560 The People, etc., respondent, v Jeffrey Noble, a/k/a Michael Novel, appellant. (Ind. Nos. 4052/00, 45/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated July 30, 2004, as a poor person and for the assignment of counsel. Cross motion by the respondent to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Ronna Gordon Galchus, Esq.
38-50 Bell Blvd.- Suite D
Bayside, New York 11361
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 on the court's own motion, the brief filed on October 4, 2005, with the Clerk of this court by the appellant pro se is stricken, without prejudice to seeking leave to submit a supplemental brief after assigned counsel submits a brief; and it is further,
ORDERED that the cross motion is denied as academic; 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.
COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
01-A-5507
Collins Corr. Fac.
P.O. Box 340
Collins, New York 14034
Appellate Division: Second Judicial Department
M35169
F/
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2005-07784
The People, etc., respondent, v Henry Perez, appellant. (Ind. No. 04-00594)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered December 14, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that 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:
Matthew B. Tully, Esq.
P.O. Box 491
Hunter, New York 12442
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.
H. MILLER, J.P., LUCIANO, LUNN, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 6792
Groveland Corr. Fac.
7000 Sonyea Road
Sonyea, New York 14556
Appellate Division: Second Judicial Department
M35168
F/
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2005-08641, 2005-08642
The People, etc., respondent, v Michael Scoca, appellant. (Ind. Nos. 01-00793, 04-00742)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant for leave to prosecute appeals from two judgments of the County Court, Westchester County, both rendered August 10, 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 appeals, 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:
Patricia M. Sullivan, Esq.
50 Main Street - Suite 1000
White Plains, New York 10606
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.
H. MILLER, J.P., LUCIANO, LUNN, 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
M35186
F/
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2002-06637 The People, etc., respondent, v Raoul South, appellant. (Ind. No. 00-01285)
| 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 County Court, Westchester County, rendered June 24, 2002. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on November 12, 2002, and October 26, 2005, respectively, and the following named attorney was assigned as counsel to prosecute the appeal:
Helene M. Greenberg, Esq.
45 Knollwood Road - 5th Floor
Elmsford, New York 10523
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 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:
Robert Tendy, Esq.
2063 Van Cortlandt Circle
Yorktown Heights, New York 10598
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.
H. MILLER, J.P., LUCIANO, LUNN, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
02 A 3837
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M35177
Y/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2002-11363 The People, etc., respondent, v Alex Vielman, appellant. (Ind. No. 8891/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered November 19, 2002.
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 appellant's time to serve and file a supplemental brief is enlarged until February 3, 2006, and the respondent's brief must be served and filed on or before that date.
H. MILLER, J.P., LUCIANO, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court