APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8473
PL/sl
|
2003-07706 A&A Associates, Inc., appellant, v Davis & Warshaw, Inc., respondent. (Index No. 17786/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 23, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 30, 2004, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8198
M/nal
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-08932
Akber Aziz, appellant, v Gulzar Aziz, respondent. (Index No. 202755/01)
| ORDER ON APPLICATION |
Appeal by Akber Aziz from an order of the Supreme Court, Nassau County, dated September 26, 2003. Pursuant to § 670.8(d) of the Rules of this court (22 NYCRR 670.8[d]), it is
ORDERED that the law guardian's brief that was deposited in the office of the Clerk of this court on February 11, 2004, is accepted for filing.
FLORIO, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8433
S/sl
|
2003-07759 Christian Berenson, plaintiff, v Jericho Water District, defendant/third and fourth-party plaintiff, et al., defendant; Eva Construction and Development Company. Inc., third and fifth-party defendant/ sixth-party plaintiff-appellant; Sidney B. Bowne & Son, LLP, third-party defendant/fifth-party plaintiff; Insurance Corporation of New York, fourth, fifth, and sixth-party defendant-appellant; ADM Brokerage Corp., fourth, fifth, and sixth-party defendant-respondent. (Index No. 012116/01)
| ORDER ON APPLICATION |
Application by the appellant Insurance Corporation of New York pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, dated July 1, 2003.
ORDERED that the application is granted and the appellants' time to perfect their appeals is enlarged until April 5, 2004, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8454
S/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-11518
Albert G. Berkowitz, et al., appellants, v Richard Capuano, et al., respondents. (Index No. 26211/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated November 15, 2002, for failure to timely perfect.
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 appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules (see 22 NYCRR 670.8[e]) and prior orders of this court.
FLORIO, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8148
Y/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2004-00699 Andrew Brilliant, respondent, v Linda Gampel Kornblum, appellant, et al., defendants. (Index No. 16766/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, entered January 13, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on condition that the respondent serves and files an undertaking pursuant to CPLR 6212(6) with corporate surety in the office of the County Clerk of Westchester County on terms to be set by the Supreme Court, Westchester County.
S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8459
PL/sl
|
2003-04225
Dartha Cunningham, et al., appellants, v Adam E. Diers, et al., respondents.
(Index No. 10554/93)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated March 17, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before March 11, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8466
S/sl
|
2003-06023 John M. Denefrio, etc., et al., respondents, v First Unum Life Insurance Company, appellant. (Index No. 5133/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Rockland County, dated June 20, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 8, 2004, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8460
S/sl
|
2003-06531 Connie Desena, appellant, v 85 Livingston Tenant's Corp., et al., respondents. (Index No. 15937)
| ORDER ON APPLICATION |
Application by the respondent Gold's Gym pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated May 20, 2003.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until April 2, 2004, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8506
S/sl
|
2003-07748 Flora K. Florist, Inc., et al., appellants, v Ann Perry, et al., respondents. (Index No. 02392/00)
| 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 July 30, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 3, 2004, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8455
C/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-06195, 2003-11401 Guo Quan Cao, appellant, v Beaumont Associates, respondent. (Index No. 18651/02)
| DECISION & ORDER ON MOTION |
Motion by the attorney for the respondent on an appeal from an order of the Supreme Court, Queens County, dated May 29, 2003, to dismiss the appeal for failure to timely perfect, and for leave to reargue an order to show cause dated December 15, 2003, which was determined by decision and order on motion of this court dated January 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 branch of the motion which is for leave to reargue is denied; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal for failure to timely perfect is granted, and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
RITTER, J.P., SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8464
S/sl
|
2003-06994 Debra Guzov, etc., et al., appellants-respondents, v Manor Lodge Holding Corporation, respondent- appellant, et al., defendants. (Index No. 20800/02)
| ORDER ON APPLICATION |
Application by the appellants-respondents 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 June 26, 2003.
ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until March 31, 2004, and the record or appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8449
S/sl
|
2003-08003 Hanover Insurance Company, respondent, v Inter-Reco, Inc., et al., appellants, et al., defendants. (Index No. 2926/01)
| 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, Nassau County, dated July 23, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 15, 2004, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8456
S/sl
|
2003-04940
Jorge Juncal, et al., respondents-appellants, v W12/14 Wall Acquisition Associates, LLC, et al., defendants third-party plaintiffs appellants- respondents, Sweet Construction Corp., defendant respondent-appellant; Metro Demolition Contracting Corp., third-party defendant-respondent. (Index No. 12539/00)
| ORDER ON APPLICATION |
Application by the respondent Metro Demolition Contracting Corp. pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a respondent's brief on an appeal and cross appeals from an order of the Supreme Court, Queens County, dated April 25, 2003.
ORDERED that the application is granted; and it is further,
ORDERED that the respondent-appellant Sweet Construction Corp. shall serve and file its brief, including its points of argument on its cross appeal (see 22 NYCRR 670.8[c][3]), on or before April 1, 2004; and it is further,
ORDERED that the respondent Metro Demolition Contracting Corp. shall serve and file its brief on or before May 3, 2004; and it is further,
ORDERED that the appellants-respondents shall serve and file their reply brief on or before June 2, 2004; and it is further,
ORDERED that the respondents-appellants shall serve and file their reply briefs on or before June 17, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8469
PL/sl
|
2003-09652
Robert Justice, et al., appellants, v City of New York, respondent, et al., defendants.
(Index No. 32507/92)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated October 9, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before March 15, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8468
C/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2002-08050 Julie Levine, appellant, v Robert Levine, respondent. (Index No. 9938/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered July 29, 2002, which was determined by decision and order of this court dated December 8, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SANTUCCI, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8505
S/sl
|
2003-07727 Joseph Mazzella, appellant, v Socony Mobil Company, Inc., et al., respondents. (Index No. 12854/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated July 25, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 23, 2004, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8472
PL/sl
|
2003-06691 Novitt & Sahr, et al., appellants, v Robert Steinberg, et al., respondents. (Index No. 15046/01)
| 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 June 24, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until April 10, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8462
S/sl
|
2003-05868 Jose Ortiz, Jr., etc., et al., appellants, v Kim Tong Hwan, respondent. (Index No. 32644/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 30, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 26, 2004, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8439
S/sl
|
2003-07849 Carole A. Papapietro, respondent, v Pollack & Kotler, et al., appellants. (Index No. 14867/02)
| 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 July 21, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 27, 2004, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8458
Y/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
HOWARD MILLER, JJ.
|
2002-07682 Randolph Wayloo, appellant, v Mohammed J. Sheikh, et al., respondents. (Index No. 4710/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated June 21, 2002, which was determined by decision and order of this court dated December 15, 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, with $100 costs.
RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8463
S/sl
|
2003-07308 John Williams, et al., respondents, v Pelican Pest Control, Inc., appellant. (Index No. 009242/98)
| DECISION & ORDER ON MOTION |
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 a judgment of the Supreme Court, Nassau County, dated June 26, 2003.
ORDERED that the application is granted and the respondents' brief shall be served and filed on or before April 9, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8465
S/sl
|
2003-01032, 2003-01368 Esther York, appellant, v Joseph York, respondent. (Appeal Nos. 1 and 2) 2003-01369 Esther York, appellant, v Joseph York, defendant-respondent; William York, et al., nonparty-respondents. (Appeal No. 3) (Index No. 11853/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from three orders of the Supreme Court, Queens County, dated November 15, 2002, January 6, 2003, and January 8, 2003, respectively.
ORDERED that the application is granted and the appellant's time to serve and file a reply brief is enlarged until March 19, 2004, and the reply brief shall be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8272
M/nal
|
2003-10183 In the Matter of Theresa Cancilla, appellant, v Peter V. Cancilla, respondent. (Docket No. F-1244/01)
| ORDER TO SHOW CAUSE |
Appeal by Theresa Cancilla from an order of the Family Court, Nassau County, dated October 8, 2003. By scheduling order dated January 5, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 5, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 19, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8461
S/sl
|
2003-05444 In the Matter of Gregory Chrysler, appellant, v Town of Newburgh Police Department, et al., respondents. (Index No. 893/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, dated April 1, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 31, 2004, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8467
E/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2002-08827 In the Matter of Steven J. Eichberg, respondent, v Franklin Maisano, appellant. (Index No. 6762/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered August 30, 2002, which was determined by decision and order of this court dated December 1, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., S. MILLER, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8470
Y/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2002-02723 In the Matter of Edward J. Ferraro, etc., petitioner-respondent, v Bruce Gordon, etc., et al., respondents-respondents, Coachlight Square on the Hudson Association, Inc., appellant; Peter Klose, nonparty-respondent. (Index No. 11804/01)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondent for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered February 13, 2002, which was determined by decision and order of this court dated November 24, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
ALTMAN, J.P., H. MILLER, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8278
M/nal
|
2003-10043 In the Matter of Anthony L. Gagliardo, appellant, v Linda S. Gagliardo, respondent. (Docket No. V-4870/95)
| ORDER TO SHOW CAUSE |
Appeal by Anthony L. Gagliardo from an order of the Family Court, Suffolk County, dated September 25, 2003. By scheduling order dated January 5, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 5, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 19, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8380
M/mv
|
2003-04249, 2003-04955 In the Matter of Luisa Holden, appellant, v Clive Cardozo, respondent. (Docket No. V-3789-99)
| SCHEDULING ORDER |
Appeals by Luisa Holden from two orders of the Family Court, Suffolk County, entered June 7, 2002, and May 15, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 26, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and/or the law guardian to serve and file their briefs on the appeals is enlarged until March 12, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8457
Y/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-03866 In the Matter of Matthew A. Kaufman, et al., appellants, v Allstate Insurance Company, respondent. (Index No. 47951/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 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 appellants' time to perfect the appeal is enlarged until March 29, 2004, and the record or appendix on the appeal 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 will be granted.
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8375
M/mv
|
2002-04190 In the Matter of Carlos Lozada, appellant, v Frances Pinto, respondent. (Docket No. V-17155-95)
| SCHEDULING ORDER |
Appeal by Carlos Lozada from an order of the Family Court, Queens County, dated January 11, 2002. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until March 22, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8385
M/mv
|
2003-05442, 2003-08410 In the Matter of Jose Andres M. (Anonymous). Forestdale, Inc., respondent; Jose M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Juan Jose M. (Anonymous). Forestdale, Inc., respondent; Jose M. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-12348-99, B-12349-99)
| SCHEDULING ORDER |
Appeals by Jose M. from two orders of the Family Court, Queens County, both dated May 6, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent to serve and file a brief on the appeals is enlarged until March 22, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8204
M/nal
|
2003-01242 In the Matter of Kevin M. (Anonymous), appellant. (Docket No. E-23957-01)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Kings County, dated January 6, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief that was deposited in the office of the Clerk of this court on February 20, 2004, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8427
M/mv
|
2003-11371 In the Matter of Alphonse Malangone, respondent, v Lori Janczewski, appellant. (Docket No. F-15712/02)
| ORDER TO SHOW CAUSE |
Appeal by Lori Janczewski from an order of the Family Court, Suffolk County, dated November 18, 2003. By scheduling order dated January 16, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 16, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 23, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8281
M/nal
|
2003-09974 In the Matter of Jeffrey Pollock, respondent, v Janice Vega, appellant. (Docket Nos. V-2972/99, V-1111/99)
| ORDER TO SHOW CAUSE |
Appeal by Janice Vega from an order of the Family Court, Queens County, dated October 24, 2003. By scheduling order dated January 5, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 5, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 19, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8379
M/mv
|
2003-07821, 2003-10992 In the Matter of Isabella Principato, et al., respondents, v Louis Lombardi, appellant. (Index No. 33504/02)
| SCHEDULING ORDER |
Appeals by Louis Lombardi from two orders of the Supreme Court, Kings County, dated July 24, 2003, and November 20, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until March 20, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8372
M/mv
|
2003-06088, 2003-06089 In the Matter of Michelle Quinones, respondent, v Louis Albert Lopez, appellant. (Docket No. V-02368-99)
| SCHEDULING ORDER |
Appeals by Louis Albert Lopez from two orders of the Family Court, Queens County, both dated June 11, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until March 22, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8436
C/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-11442
In the Matter of Ulysseus R. (Anonymous). Commissioner of Social Services, respondent; Esther R. (Anonymous), appellant. (Docket No. N-13613/01)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, to be relieved from representing the appellant on an appeal from an order of the Family Court, Queens County, dated December 3, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before March 15, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that pursuant to 22 NYCRR 670.4(a)(2) the appellant's time to comply with the scheduling order of this court dated January 8, 2004 is enlarged until April 5, 2004.
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8283
M/mv
|
2003-10765 In the Matter of Yesenia T. (Anonymous). Suffolk County Department of Social Services, respondent; Gloria T. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-258/03) In the Matter of Yasmin T. (Anonymous). Suffolk County Department of Social Services, respondent; Gloria T. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-259/03) In the Matter of Sulayma Brianna T. (Anonymous). Suffolk County Department of Social Services, respondent; Gloria T. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-260/03) In the Matter of Rebecca Lee T. (Anonymous). Suffolk County Department of Social Services, respondent; Gloria T. (Anonymous), appellant. (Proceeding No. 4) (Docket No. B-261/03) In the Matter of Julissa T. (Anonymous). Suffolk County Department of Social Services, respondent; Gloria T. (Anonymous), appellant. (Proceeding No. 5) (Docket No. B-262/03) In the Matter of Jenna Monique T. (Anonymous). Suffolk County Department of Social Services, respondent; Gloria T. (Anonymous), appellant. (Proceeding No. 6) (Docket No. B-263/03) In the Matter of Alberto T. (Anonymous). Suffolk County Department of Social Services, respondent; Gloria T. (Anonymous), appellant. (Proceeding No. 7) (Docket No. B-264/03)
| ORDER TO SHOW CAUSE |
Appeal by Gloria T. from an order of the Family Court, Suffolk County, dated October 17, 2003. By scheduling order dated January 6, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with the scheduling order dated January 6, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 19, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8381
M/mv
|
2002-11376, 2002-11380, 2002-11381 In the Matter of "Female" W. (Anonymous), a/k/a Paulette W. (Anonymous). St. Vincent's Services, Inc., et al., respondents; Jeanette W. (Anonymous), appellant. (Proceeding No. 1) (Index No. B4345-01) In the Matter of Jennifer W. (Anonymous). St. Vincent's Services, Inc., et al., respondents; Jeanette W. (Anonymous), appellant. (Proceeding No. 2) (Index No. B4346-01) In the Matter of Paul W. (Anonymous). St. Vincent's Services, Inc., et al., respondents; Jeanette W. (Anonymous), appellant. (Proceeding No. 3) (Index No. B4347-01)
| SCHEDULING ORDER |
Appeals by the mother Jeanette W. from three orders of the Family Court, Kings County, all dated October 14, 2002. 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/or the law guardian to serve and file their briefs on the appeals is enlarged until March 22, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8302
M/nal
|
2003-08300 In the Matter of Lawrence J. Worner, respondent, v Susan R. Worner, appellant. (Docket Nos. V-4528/01, V-4532/01)
| ORDER TO SHOW CAUSE |
Appeal by Susan R. Worner from an order of the Family Court, Orange County, dated August 11, 2003. By decision and order of this court dated January 27, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before February 13, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 19, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8282
M/nal
|
2003-10460 In the Matter of Matthew Y. (Anonymous). Ohel Children's Home and Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 1) (Docket No. NN-04433/02) In the Matter of Matania Y. (Anonymous). Ohel Children's Home and Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 2) (Docket No. NN-10131/99) In the Matter of Mina Y. (Anonymous). Ohel Children's Home and Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 3) (Docket No. NN-10132/99) In the Matter of Moshe Y. (Anonymous). Ohel Children's Home and Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 4) (Docket No. NN-10133/99)
| ORDER TO SHOW CAUSE |
Appeal by Ebrahim Y. from an order of the Family Court, Queens County, dated November 10, 2003. By scheduling order dated January 6, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with the scheduling order dated January 6, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 19, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8367
M/mv
|
2003-10500, 2003-10502, 2003-10503, 2003-10504 In the Matter of Jane Zullo, respondent, v George Hom, appellant. 2003-04397 In the Matter of George Hom, appellant, v Jane Zullo, respondent. 2003-08487 In the Matter of Nassau County Department of Social Services, o/b/o Jane Zullo, respondent, v George Hom, appellant. (Docket No. F-3296-96)
| SCHEDULING ORDER |
Appeals by George Hom from three orders of the Family Court, Nassau County, dated April 3, 2003 (Appellate Division Docket No. 2003-04397), July 31, 2003 (Appellate Division Docket No. 2003-08487), November 6, 2003 (Appellate Division Docket No. 2003-10500), and three orders of the same court, all dated November 10, 2003 (Appellate Division Docket Nos. 2003-10502, 2003-10503, 2003-10504). 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/or the law guardian to serve and file their briefs on the appeals is enlarged until March 19, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8337
F/
DAVID S. RITTER, J.
|
2003-10668 The People, etc., plaintiff, v Robert Cobb, defendant. (Ind. No. 98-00542)
| 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, Westchester County, dated November 10, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
DAVID S. RITTER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8471
Y/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2000-03320 The People, etc., respondent, v Oba Johnson, appellant. (Ind. No. 60/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Dutchess County, rendered April 3, 2000, for leave to file exhibits to a supplemental pro se brief.
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 exhibits which have been submitted to the Clerk of the court are accepted for filing; and it is further,
ORDERED that on the court's own motion, the appellant's time to file his supplemental pro se brief is enlarged, and the supplemental pro se brief which has been submitted to the Clerk of the court is accepted for filing; and it is further,
ORDERED that on the court's own motion, the respondent shall serve and file its brief in response to the appellant's supplemental pro se brief on or before May 7, 2004.
S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7254
F/
SONDRA MILLER, J.
|
2002-03710 The People, etc., plaintiff, v Rafael Rivera, defendant. (Ind. Nos. 8122/94, 13928/94, 254/95)
| DECISION & ORDER ON APPLICATION |
Motion by the defendant to reargue an application 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 March 27, 2002, which was denied by me in an decision and order on application dated January 21, 2003.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
SONDRA MILLER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8336
F/
DAVID S. RITTER, J.
|
2003-09842 The People, etc., plaintiff, v John Rivers, defendant. (Ind. No. 12645/94)
| 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 8, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
DAVID S. RITTER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8388
S/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-00339 The People, etc., respondent, v Jeffrey Solivan, appellant. (Ind. No. 191/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a purported judgment of the County Court, Orange County, rendered January 2, 2003, for leave to prosecute the appeal from the purported judgment as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, the defendant is ordered to show cause before this court on April 2, 2004, why an order should not be entered dismissing the appeal from the purported judgment on the ground that no appeal lies from the purported judgment, as the purported judgment is nothing more than a proceeding to cause a judgment of the same court rendered December 19, 1997, to be brought to execution (see People v Crawford, 239 AD2d 515), by filing an affidavit on that issue with the Clerk of this court; and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the defendant, his attorney, and the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,
ORDERED that the motion is held in abeyance in the interim.
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8389
S/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-00340
The People, etc., respondent, v Jeffrey Solivan, appellant. (Ind. No. 335/00)
| 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 January 2, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in the 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 off 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;
Gary Eisenbert, Esq.
129 Brooke Avenue
Monroe, New York 10950
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 the court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
03-R-0082
Orleans Correctional Facility
35-31 Gains Basin Road
Albion, New York 14411
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8448
E/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN, JJ.
|
2000-10377 The People, etc., respondent, v David Williams, a/k/a DeAndre Williams, appellant. (Ind. No. 80-00105)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue his application for a writ of error coram nobis seeking, in effect, de novo review of his appeal from a judgment of the Supreme Court, Westchester County, rendered December 17, 1980, which was determined by decision and order of this court dated January 17, 1983 (People v Williams, 91 AD2d 1028), which was determined by decision and order on application of this court dated October 3, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., RITTER, SANTUCCI and ALTMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk