APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8553
Y/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2003-10035 John Alvarez, et al., plaintiffs-respondents, v 772 Park Avenue Corporation, defendant- respondent, Dirk Edward Ziff, et al., appellants. (Index No. 4814/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated October 7, 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.
SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8527
PL/sl
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2003-07891, 2003-07893 Jeffrey S. Antin, appellant v Sandra Antin, respondent. (Index No. 10215/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order and a judgment of the Supreme Court, Westchester County, both dated July 31, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until March 31, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8550
S/sl
|
2003-06213 Equicredit Corporation of America, etc., respondent, v Virgilio P. Williams, etc., et al., defendants, Kunjunjamma Kuriakose, appellant. (Index No. 2392/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated April 4, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 2, 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
M8525
S/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2003-05571 David Goldner, et al., respondents, v Mario Possilico, etc., et al., appellants. (Index No. 17688/99)
| DECISION & ORDER ON APPLICATION |
Application by the appellants to substitute Whitney Possilico, as executor of the estate of Joseph D. Possilico, Jr., for the deceased appellant Joseph D. Possilico, Jr., on an appeal from an order of the Supreme Court, Nassau County, dated April 8, 2003.
Upon the papers filed in support of the application and no papers having been filed in relation thereto, it is
ORDERED that the application is granted, and Whitney Possilico, as executor of the estate of Joseph D. Possilico, Jr., is substituted for the deceased appellant Joseph D. Possilico, Jr., and the caption of the action has been amended accordingly.
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8541
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2002-11361 Independence Community Bank, respondent, v Health Care Concepts, Inc., et al., appellants. (Index No. 31011/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to recall and vacate a decision and order on motion of this court dated November 14, 2003, which dismissed an appeal from a judgment of the Supreme Court, Queens County, dated September 10, 2002, pursuant to 22 NYCRR 670.8(h) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8528
J/sl
|
2003-08236 Lisa McDowall, respondent, v Dionicio Abreu, et al., appellants. (Index No. 32316/01)
| ORDER ON APPLICATION |
Applications by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect their respective appeals from an order of the Supreme Court, Kings County, dated August 11, 2003.
ORDERED that the applications are granted and the appellants' time to perfect their respective appeals is enlarged until May 21, 2004, and the joint record or joint appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8519
J/sl
|
2003-08739 Ocwen Federal Bank FSB, f/k/a Berkeley Federal Bank & Trust FSB, respondent, v Jeffrey Miller, et al., appellants, et al., defendants. (Index No. 209/01)
| 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, Westchester County, entered August 27, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 21, 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
M8523
S/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2003-11376 Edward Rios, respondent, v Public Administrator, etc., appellant, et al., defendants. (Index No. 29581/01)
| DECISION & ORDER ON APPLICATION |
Application by the appellant to substitute the Public Administrator of Kings County, as administrator of the estate of Joseph Kreitsch, for the deceased appellant, Joseph Kreitsch, on an appeal from an order of the Supreme Court, Kings County, dated June 12, 2003.
Upon the papers filed in support of the application and no papers having been filed in relation thereto, it is
ORDERED that the application is granted, and the Public Administrator of Kings County, as administrator of the estate of Joseph Kreitsch, is substituted for the deceased appellant, Joseph Kreitsch, and the caption of the action has been amended accordingly; and it is further,
ORDERED that on the court's own motion the appellant's time to perfect the appeal is enlarged until April 12, 2004, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8521
J/sl
|
2003-05939 Coleen Rupp-Elmasri, respondent, v Mohamed Elmasri, appellant. (Index No. 14427/95)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated February 24, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 29, 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
M8524
PL/sl
|
2003-10814 Phyllis Singer, respondent, v Walbaums Bay Terrace, etc., appellant. (Index No. 5156/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated October 15, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 1, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8549
S/sl
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2003-04230 Station Square Inn Apartments Corporation, respondent, v Reiner & Kaiser Associates, et al., appellants. (Index No. 3521/87)
| 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, Queens County, dated February 26, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before March 5, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8529
M/mv
|
2003-06276 210 West 29th Street, Corp, respondent, v Mohammad Junaid Chohan, appellant. (Index No. 11174/02)
| 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 an appeal from an order of the Supreme Court, Nassau County, dated May 7, 2003.
ORDERED that the application is granted and the reply brief that was deposited in the office of the Clerk of this court on March 1, 2004, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8508
S/sl
|
2003-09201 White Plains Flooring & Supply Co., Inc., plaintiff, v Wilhelm Group, et al., defendants, Tri-State Construction Associates, Inc., defendant second- third-party plaintiff-appellant; Rogers & Sons Building Corp., second-third party defendant- respondent (and other titles). (Index No. 9300/95)
| 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 August 28, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 3, 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
M8209
M/nal
|
2004-00039 In the Matter of Dora L. Allen, respondent, v Russell C. Robinson, appellant. (Docket No. F-3859-01)
| SCHEDULING ORDER |
Appeal by Russell C. Robinson from an order of the Family Court, Suffolk County, dated November 19, 2003. The transcripts in the above-entitled appeal were sent to the appellant on February 11, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that on or before April 13, 2004, the appellant shall perfect the appeal or submit an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that appellant is directed to provide copies of the transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when he serves the appellant's brief upon those parties; and it is further,
ORDERED that if the appeal has not been perfected or withdrawn on or before April 13, 2004, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8374
M/nal
|
2003-05292, 2003-05760, 2003-05761 In the Matter of Rashawn L. B. (Anonymous). Jewish Child Care Association of New York Services, respondent; Ayana H. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Rayana B. (Anonymous). Jewish Child Care Association of New York Services, respondent; Ayana H. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-11651-00, B-11652-00)
| SCHEDULING ORDER |
Appeals by Ayana H. from three orders of the Family Court, Queens County, one dated March 4, 2003, and two dated April 22, 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 law guardian to serve and file a brief on the appeals is enlarged until March 30, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8432
M/nal
|
2003-10281 In the Matter of Constance Brennan, appellant, v Glen Johnson, respondent. (Docket No. F-8921/02)
| ORDER TO SHOW CAUSE |
Appeal by Constance Brennan from an order of the Family Court, Suffolk County, dated October 17, 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 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
M8476
F/
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-10994, 2003-10995 In the Matter of Derick Shea D. (Anonymous). Jewish Child Care Association of New York, et al., respondents; D'Han E'L (Anonymous), appellant. (Docket Nos. B-22579-00, B-22580-00)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Kings County, both dated November 12, 2003, and for leave to the appellant to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:
Elliot Green, Esq.
26 Court Street #1215
Brooklyn, New York 11242
(718) 629-3552
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals 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 appeals are taken.
ALTMAN, J.P., H. MILLER, COZIER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7735
M/nal
|
2003-04432 In the Matter of Todd D. (Anonymous). Administration for Children's Services, et al., respondents; Jean L. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-00385-01) In the Matter of Dashawn L. (Anonymous). Administration for Children's Services, et al., respondents; Jean L. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-00386-01)
| SCHEDULING ORDER |
Appeal by Jean L. from an order of the Family Court, Kings County, dated February 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 time of the law guardian and/or the respondent(s) to serve and file a brief on the appeal is enlarged until March 26, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8437
F/
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-10913 In the Matter of Frank F. (Anonymous). Administration for Children's Services, respondent; Cheryl F. (Anonymous), appellant. (Docket No. NA-6532/02)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated November 14, 2003, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Mona G. Freeman, Esq.
34-05 44th Street #6G
Long Island City, New York 11101
(718) 768-3000
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
ALTMAN, J.P., H. MILLER, COZIER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8430
M/nal
|
2003-03361 In the Matter of Vanessa F. (Anonymous). Edward Gould Services for Children & Families, respondent; Vanessa F. (Anonymous), appellant. (Docket No. B-22992-01)
| SCHEDULING ORDER |
Appeal by the mother, Vanessa F., from an order of the Family Court, Kings County, dated February 21, 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 appeal is enlarged until April 1, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8424
M/mv
|
2003-09350 In the Matter of Leonard Goldstein, appellant, v Celeste Goldstein, respondent. (Docket No. F-2977-03)
| SCHEDULING ORDER |
Appeal by Leonard Goldstein from an order of the Family Court, Rockland County, dated August 22, 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 appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until March 29, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8429
F/
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-10141 In the Matter of Jose I., Jr., (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Tiana E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Jessica E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Joseph N. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Deborah E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 5) (Docket Nos. N-20947-00, N-20948-00, N-20949-00, N-20950-00, N-20951-00)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated October 9, 2003, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Frank A. Buono, Esq.
217 25th Street
Brooklyn, New York 11232
(718) 768-3000
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
ALTMAN, J.P., H. MILLER, COZIER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8445
M/nal
|
2003-02180, 2003-02799, 2003-07972 In the Matter of Jehuda Ish-Shalom, appellant, v Veronica Wittmann, respondent. (Docket Nos. V-695/97, V-696/97)
| SCHEDULING ORDER |
Appeals by Jehuda Ish-Shalom from two orders of the Family Court, Westchester County, both entered February 6, 2003, and an order of the same court entered July 25, 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 April 30, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6636
F/
DAVID S. RITTER, J.P.
MYRIAM J. ALTMAN
ANITA R. FLORIO
HOWARD MILLER, JJ.
|
2003-00095, 2003-00097, 2003-03472 In the Matter of Marion J. (Anonymous), et al., respondents, v Philip J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jazmone J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Ashley J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Zalika J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Ethan J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Proceeding No. 5) (Docket Nos. O-08060-02, N-08069-02, N-8070-02, N-8071-02, N-8072-02)
| DECISION & ORDER ON MOTION Motion to Proceed Pro Se Family Court |
Motion by the appellant pro se for leave to prosecute appeals from three orders of the Family Court, Queens County, dated June 4, 2002, June 13, 2002, and March 5, 2003, respectively, as a poor person, and for leave to proceed pro se.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the pro se appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the pro se appellant, 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 appellant. Pro se Appellant is directed to provide copies of said transcripts to all of the other parties to the appeals, including the Law Guardian, if any, when pro se appellant serves his brief upon those parties; and it is further,
ORDERED that payment of the filing fee is waived; and it is further,
ORDERED that the pro se appellant shall prosecute the appeals 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 pro se appellant is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
RITTER, J.P., ALTMAN, FLORIO and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8423
M/nal
|
2003-07831 In the Matter of Rabab H. Khattab, respondent, v Hassan Khattab, appellant. (Docket No. F-0075-99/03D)
| SCHEDULING ORDER |
Appeal by Hassan Khattab from an order of the Family Court, Suffolk County, dated July 7, 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 appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until March 29, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8365
M/mv
|
2003-04839 In the Matter of Eric Levande, respondent, v Devorah Levande, a/k/a Devorah Shabtai, appellant. (Docket No. V-9467/01)
| SCHEDULING ORDER |
Appeal by Devorah Levande, a/k/a Devorah Shabtai, by permission, from an order of the Family Court, Kings County, dated May 29, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 13, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8522
S/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2003-06333 In the Matter of Charles L. Maddox, petitioner- respondent, v Gail Walter, respondent-respondent; Joshua Maddox, appellant. (Docket No. V-6404-01)
| DECISION & 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 Family Court, Dutchess County, dated June 16, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until April 2, 2004; and it is further,
ORDERED that no further enlargements of time shall be granted.
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8373
M/nal
|
2002-06741, 2002-07868 In the Matter of Vincent Malfetano, respondent, v Sandra Parker, appellant. (Docket Nos. O-01520-02, V-2699-02)
| SCHEDULING ORDER |
Appeals by Sandra Parker from two orders of the Family Court, Westchester County, dated June 24, 2002, and August 6, 2002, respectively. 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 29, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8203
M/nal
|
2003-10538 In the Matter of Paul Marchese, respondent, v Helma Marchese, appellant. (Docket No. F-00957/99)
| SCHEDULING ORDER |
Appeal by Helma Marchese from an order of the Family Court, Suffolk County, dated October 16, 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 appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until April 9, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8428
M/nal
|
2004-00207, 2004-00208 In the Matter of Denise Miller, respondent, v Tristen Jenkins, appellant. (Docket No. P-01334/00)
| ORDER TO SHOW CAUSE |
Appeals by Tristen Jenkins from two orders of the Family Court, Richmond County, both dated December 1, 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
M8447
M/nal
|
2002-04839 In the Matter of Donovan R. (Anonymous). Angel Guardian Children and Family Services, Inc., appellant; Affette R. (Anonymous), respondent. (Docket No. B-25269/98)
| SCHEDULING ORDER |
Appeal by the petitioner from an order of the Family Court, Kings County, dated April 4, 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 respondent's brief shall be served and filed on or before April 19, 2004.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8420
F/
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-10642 In the Matter of John D. Ring, appellant- respondent, v Alba Ring, respondent-appellant.
(Docket Nos. V-15385-01, O-15386-01, O-15138-01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant-respondent pro se for leave to prosecute an appeal from an order of the Family Court, Queens County, dated October 29, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant-respondent, the respondent-appellant, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant-respondent'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:
Larry Bachner, Esq.
90-50 Parsons Blvd. - Suite 307
Jamaica, New York 11432
(917) 378-0176
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
ALTMAN, J.P., H. MILLER, COZIER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8520
S/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2003-00017 In the Matter of Coleen Rupp-Elmasri, respondent, v Mohamed Elmasri, appellant. (Docket No. V-05-01)
| DECISION & 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 Family Court, Suffolk County, dated October 25, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until March 22, 2004; and it is further,
ORDERED that no further enlargements of time shall be granted.
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8450
F/
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-10541 In the Matter of Anthony S. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Mary D. (Anonymous), appellant; Pansy R. (Anonymous), nonparty-respondent. (Proceeding No. 1) In the Matter of Tyquanne B. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Mary D. (Anonymous), appellant; Pansy R. (Anonymous), nonparty-respondent. (Proceeding No. 2) (Docket Nos. N-2147-98, N-1734-01)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Suffolk County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Suffolk County, dated October 24, 2003, and for leave to the appellant to prosecute the appeal as a poor person.
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 counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Rouse, Esq.
P.O. Box 175
Wading River, New York 11792
(631) 929-4474
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
ALTMAN, J.P., H. MILLER, COZIER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8531
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2000-07569 The People, etc., respondent, v Michael Brown, appellant. (Ind. No. 99-01239)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered June 30, 2000.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
RITTER, J.P., GOLDSTEIN, TOWNES, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8474
F/
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2001-05692 v Howard Campbell, appellant. (Ind. No. 6218/00)
| The People , etc., respondent, DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 18, 2001, 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 no papers having been filed in opposition or 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.
ALTMAN, J.P., H. MILLER, COZIER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
01 A 3812
Five Points Corr. Fac.
Box 119 - State Route 96
Romulus, New York 14541
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8342
F/
HOWARD MILLER, J.
|
2004-00780 The People, etc., plaintiff, v Timothy Cooper, defendant. (Ind. No. 8643/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated December 17, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
HOWARD MILLER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8530
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
1999-06005 The People, etc., respondent, v Miguel Cotto-Santos, appellant. (Ind. No. 98-00467)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered May 26, 1999.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
RITTER, J.P., GOLDSTEIN, TOWNES, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8475
F/
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-00778 The People, etc., respondent, v Richard Goodin, appellant. (Ind. No. 8773/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered November 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 the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Kings County, rendered November 3, 2003.
ALTMAN, J.P., H. MILLER, COZIER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8532
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
1999-06007 The People, etc., respondent, v Sonja Griffen, (Griffin), appellant. (Ind. No. 96-01007)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered May 21,1999.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
RITTER, J.P., GOLDSTEIN, TOWNES, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8533
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
1999-06011 The People, etc., respondent, v Phil Hawkins, appellant. (Ind. No. 99-00047)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered May 18, 1999.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
RITTER, J.P., GOLDSTEIN, TOWNES, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8518
S/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2003-10545 The People, etc., respondent, v Charles Jones, a/k/a Shawn Anderson, appellant. (Ind. No. 8695/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered September 3, 2003, as a poor person and for the assignment of counsel. By decision and order on motion dated January 22, 2004, the appellant was directed to show cause why an order should not be entered dismissing the appeal on the ground that the notice of appeal is untimely (see CPL 460.10[1][a], 460.30), and the appellant has not sought leave to file a late notice of appeal, and the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was held in abeyance in the interim. Motion by the appellant pursuant to CPL 460.30 for an extension of time to take the appeal.
Upon the papers filed in support of the motions, the papers filed in relation thereto, and the papers filed in response to the order to show cause, it is
ORDERED that the motions to extend the time to take the appeal and for leave to prosecute the appeal as a poor person and for the assignment of counsel are granted; and it is further,
ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated in or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion 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:
Ethel Ross, Esq.
P.O. Box 347, Route 35
Cross River, New York 10518
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 or her 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 motion to dismiss the appeal is denied; 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.
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8107
F/
DANIEL F. LUCIANO, J.
|
2003-08993 The People, etc., plaintiff, v Darnell King, defendant. (Ind. Nos. 87-00886, 88-01006, 88-01052)
| 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 September 11, 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.
DANIEL F. LUCIANO
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8534
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2004-01195
The People, etc., respondent, v Robert Liptscher, appellant. (Ind. No. 03-00333)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, rendered November 20, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8536
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2002-09858 v Steven S. Robinson, appellant. (Ind. No. 2662/00)
| The People , etc., respondent, DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered October 16, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in 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.
RITTER, J.P., GOLDSTEIN, TOWNES, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
02 A 5858
Attica Corr. Fac.
Box 149
Attica, New York 14011
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8544
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2002-07035 The People, etc., respondent, v Antonio Smith, appellant. (Ind. No. 124-01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the judgment roll on an appeal from a judgment of the County Court, Suffolk County, rendered October 11, 2001, to include certain documents.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
01 A 5719
Box 2002
Dannemora, New York 12929
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8535
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2003-11048 The People, etc., respondent, v Roy Velsor, appellant. (Ind. No. 3075-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Suffolk County, rendered November 17, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk