APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8565
S/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-08135
Allstate Insurance Company, respondent, v Michael Marcone, et al., appellants, et al., defendants. (Index No. 98-5977)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent on appeals from an order of the Supreme Court, Suffolk County, dated August 4, 2003, to dismiss the appeals to the extent that the appellants seek review of an order of the same court, dated December 10, 1999, on the ground that the appellants never filed notices of appeal from the order dated December 10, 1999, and the appeals from the order dated August 4, 2003, do not bring up for review the order dated December 10, 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 appeals are dismissed, without costs or disbursements, to the extent that the appellants seek review of the order dated December 10, 1999 (see CPLR 5501[a][1]).
S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8577
E/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2003-02902 George Christ, et al., appellants, et al., plaintiffs, v Harold Solomon, respondent. (Index No. 5485/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike Point III of the appellants' brief on an appeal from an order of the Supreme Court, Nassau County, dated March 21, 2003, on the ground that it raises issues not properly before 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 held in abeyance and is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8568
O/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2004-00861 Esther Glass, et al., appellants, v Lan Grecco, et al., defendants, Peerless Abstract Corp., respondent. (Index No. 30336/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order and judgment (the papers) of the Supreme Court, Suffolk County, dated January 12, 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 granted and enforcement of the order and judgment dated January 12, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 5, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 5, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8551
E/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2004-01438 NYCTL 1998-2 Trust, etc., respondent, v Sandy Stern, et al., defendants; Frank Rozeboom, etc., nonparty-appellant.
(Index No. 16483/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated December 18, 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
M8573
A/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2003-04883, 2003-06120, 2003-09876, 2003-09877 Stephanie Perell, respondent, v Clifford Krause, appellant. (Index No. 5586/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect appeals from a judgment of the Supreme Court, Westchester County, dated April 11, 2003, and three orders of the same court, one dated January 17, 2003, and two dated May 27, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the 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.
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8419
M/nal
|
2003-08863 Russell G. Plitt, respondent, v Monica Jae Plitt, appellant. (Index No. 25000/02)
| SCHEDULING ORDER |
Appeal by Monica Jae Plitt from an order of the Supreme Court, Suffolk County, dated September 19, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 18, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8564
C/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2003-05258 Shaban Simaee, etc., appellant, v Michael Levi, etc., et al., respondents. (Index No. 34659/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated March 28, 2003, and to enlarge the appellant's time to serve and file a reply brief.
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 respondents' time to serve and file a brief is enlarged until March 15, 2004, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until April 5, 2004, and the reply brief must be served and filed on or before that date.
SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8557
PL/sl
|
2003-08153 Wells Fargo Bank Minnesota, etc., respondent, v Marilyn Lewis, etc., et al., defendants, Greenpoint Bank, appellant. (Index No. 4728/02)
| 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 July 21, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 7, 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
M8556
Y/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2003-10190 In the Matter of AYD Development, LLC, et al., appellants, v Philip Irwin Aaron, respondent. (Index No. 7819/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Westchester County, entered February 4, 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.
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8548
O/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-08307 In the Matter of Kristine Carlson, respondent, v Kenneth C. Carlson, appellant. (Docket No. F-538/00)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Westchester County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Westchester County, dated August 22, 2003, and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition to or in relation thereto, it is
ORDERED that the motion is denied, with leave to renew, upon proper service of the motion on the respondent and the Westchester County Attorney (see CPLR 1101[c]).
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8435
M/nal
|
2001-10947 In the Matter of Brunetta Clarke, appellant, v Carson Clarke, respondent. (Docket No. O-25751-00)
| SCHEDULING ORDER |
Appeal by Brunetta Clarke from an order of the Family Court, Kings County, dated November 30, 2001. The appellant's brief was filed in the office of the Clerk of this court on February 24, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8417
M/nal
|
2003-06649 In the Matter of Alonzo Jason D. (Anonymous). Little Flower Children's Services, respondent; Shirley D. (Anonymous), appellant. (Docket No. B-5161-02)
| SCHEDULING ORDER |
Appeal by Shirley D. from an order of the Family Court, Queens County, dated July 8, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 18, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8582
E/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2003-06303 In the Matter of James Gerald Ferretti, respondent, v Joann Venturella Ferretti, appellant. (Docket No. F-2023-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, entered June 18, 2003, for leave to reargue those branches of her prior motion which were for a free transcript, waiver of the filing fee, and for the assignment of counsel, which were determined by decision and order on motion of this court dated November 20, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated August 8, 2003, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until April 19, 2004.
RITTER, J.P., SMITH, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7309
M/nal
|
2003-03387 In the Matter of Darlene Hold, respondent, v William Hold, appellant. (Docket No. F-08678/98)
| SCHEDULING ORDER |
Appeal by William Hold from an order of the Family Court, Kings County, dated April 8, 2003. The appellant's brief was filed in the office of the Clerk of this court on January 26, 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 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8560
O/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-07525 In the Matter of Brenda Yvette Idowu, respondent, v Olusegun Idowu, appellant. (Docket No. F-01529/02A)
| DECISION & ORDER ON MOTION |
Appeal by Olusegun Idowu from an order of the Family Court, Kings County, dated July 21, 2003. By order to show cause dated January 14, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated December 2, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated December 2, 2003 (see 22 NYCRR 670.4[a][5]).
FLORIO, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8416
M/nal
|
2003-06955 In the Matter of Jamal J. (Anonymous), appellant. (Docket No. D-4411-03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Queens County, dated July 9, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 18, 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
M8440
M/nal
|
2003-03364 In the Matter of Shakir J. (Anonymous), appellant. (Docket Nos. D-24606-02, D-24607-02)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Kings County, dated March 19, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 20, 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 respondent's brief 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
M8442
M/nal
|
2003-06290 In the Matter of Angel Ortiz, respondent, v Elizabeth Maharaj, appellant. (Docket No. V-16639-03)
| SCHEDULING ORDER |
Appeal by Elizabeth Maharaj from an order of the Family Court, Kings County, dated June 19, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 20, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8418
M/nal
|
2003-09390 In the Matter of Lisa Pignataro, appellant, v Glen Davis, respondent. (Docket No. V-98-01313)
| SCHEDULING ORDER |
Appeal by Lisa Pignataro from an order of the Family Court, Nassau County, dated September 19, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 19, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8554
F/
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2003-05319, 2003-05325 In the Matter of Carmella Restivo, respondent, v Florin Cincu, appellant. (Docket No. F-1717-00)
| DECISION & ORDER ON MOTION |
Motion by the respondent pro se for leave to defend appeals from two orders of the Family Court, Queens County, both dated May 20, 2003, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defend the appeals:
Matthew M. Lupoli, Esq.
167-16 Northern Blvd.
P.O. Box 580283
Flushing, New York 11358
and it is further,
ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.
SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8206
M/nal
|
2003-05533, 2003-05534 In the Matter of Grace M. Stone, respondent, v Kirk A. McLeod, appellant. (Docket No. P-507-01)
| SCHEDULING ORDER |
Appeals by Kirk A. McLeod from two orders of the Family Court, Suffolk County, both dated May 20, 2003. The appellant's brief was filed in the office of the Clerk of this court on January 21, 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 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8576
S/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
SONDRA MILLER
HOWARD MILLER, JJ.
|
2002-10302 In the Matter of Silvan Tagliaferri, d/b/a Castle Hill Homes, petitioner-respondent, v Charles G. Weiler, et al., respondents; C. Robinson & Associates, P.C., nonparty-appellant. (Index No. 5872/02)
| DECISION & ORDER ON MOTION |
Appeal by the nonparty C. Robinson & Associates, P.C., from an order of the Supreme Court, Nassau County, dated October 16, 2002. By decision and order on motion of this court dated August 21, 2003, the appellant's motion to amend the notice of appeal and to enlarge the time to perfect the appeal was denied and the appeal was dismissed. By order dated February 12, 2004, the Court of Appeals reversed the decision and order on motion of this court dated August 21, 2003, and remitted the matter to this court for further proceedings (see Matter of Tagliaferri v Weiler, ______ NY2d ______).
ORDERED that the decision and order on motion of this court dated August 21, 2003, is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated October 16, 2002, to amend the notice of 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 granted and the notice of appeal is deemed corrected to reflect that C. Robinson & Associates, P.C., is the appellant on the appeal (see CPLR 2001); and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until March 24, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
RITTER, J.P., SMITH, S. MILLER and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8589
E/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2003-10879 In the Matter of Town of Riverhead, et al., petitioners, v New York State Board of Real Property Tax Services, et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the respondent New York State Board of Real Property Tax Services to dismiss a proceeding pursuant to CPLR article 78 on the ground that the petitioners lack standing to institute the proceeding, or alternatively, to enlarge the respondents' time to serve and file their respective answers.
Upon the papers filed in support of the motion and papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the proceeding is denied, without prejudice to the movant to raising the issue in its answer; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file their respective answers is granted, the respondents' time to serve and file their respective answers is enlarged until April 2, 2004, and the respondents' answers must be served and filed on or before that date.
SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8425
M/nal
|
2003-02362 In the Matter of Kimberly Y. (Anonymous). Orange County Department of Social Services, respondent; Ernest Y. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Ruth Y. (Anonymous). Orange County Department of Social Services, respondent; Ernest Y. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-3405-02, B-3406-02)
| SCHEDULING ORDER |
Appeal by Ernest Y. from an order of the Family Court, Orange County, dated December 19, 2002. The appellant's brief was filed in the office of the Clerk of this court on February 25, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8559
O/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-10965 In the Matter of Johnnie Z. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; Diane Z. (Anonymous), appellant; et al., respondents. (Proceeding No. 1) In the Matter of Samia Z. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; Diane Z. (Anonymous), appellant; et al., respondents. (Proceeding No. 2) (Docket Nos. N-14439/96, 14440/96)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant in proceedings 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 November 7, 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 17, 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 9, 2004, is enlarged until April 7, 2004.
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8558
F/
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2003-11045
The People, etc., respondent, v Brian Andrews, appellant.
(Ind. No. 03-00387)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered October 23, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Stephen J. Pittari, Esq.
Legal Aid Society of Westchester Co.
One North Broadway, 9th Floor
White Plains, New York 10601
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
SMITH, J.P., LUCIANO, ADAMS, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 5801
Ogdensburg Corr. Fac.
One Correction Way
Ogdensburg, New York 13669-2288
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8575
E/sl
DAVID S. RITTER, J.P.
DANIEL F. LUCIANO
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2000-10101, 2003-07903 The People, etc., respondent, v Joseph Berry, appellant.
(Ind. Nos. 1556/85, 2644/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate an appeal from a judgment of the Supreme Court, Queens County, rendered October 25, 2000, with an appeal from an order of the same court dated June 4, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal from the order is dismissed, on the ground that the order is not appealable by right or by permission (see CPL 450.10; 450.15); and it is further,
ORDERED that the motion is denied as academic.
RITTER, J.P., LUCIANO, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8341
F/
FRED T. SANTUCCI, J.
|
2004-00219 The People, etc., plaintiff, v Felix Bruno, defendant. (Ind. No. 86-01572)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Westchester County, dated October 30, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
FRED T. SANTUCCI
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8562
Y/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2002-07727 The People, etc., respondent, v Shawn Cruz, appellant. (Ind. No. 02-00158)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the County Court, Orange County, rendered August 16, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until March 15, 2004, and the respondent's brief must 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
M8569
O/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2004-00813 The People, etc., plaintiff, v Jesse Friedman, defendant. (Ind. Nos. 67104, 67430, 69783)
| DECISION & ORDER ON MOTION |
Motion by the defendant to change the venue of a motion pursuant to CPL 440.10 to vacate a judgment of the County Court, Nassau County, rendered January 24, 1989, under Nassau County Indictment Numbers 67104, 67430, and 69783, from the County Court, Nassau County, to another county.
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
M8335
F/
MYRIAM J. ALTMAN, J.
|
2003-10908 The People, etc., plaintiff, v Devernon LeGrand, defendant. (Ind. No. 1445/76)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated September 22, 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.
MYRIAM J. ALTMAN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8588
E/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2004-01091 The People, etc., ex rel. Peter E. Odenthal, petitioner, v Mark Farsi, etc., respondent.
| DECISION & ORDER ON MOTION |
Application by the petitioner for a writ of habeas corpus and for poor person relief.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and that branch of the application is otherwise denied as academic; and it is further,
ORDERED that the branch of the application which is for a writ of habeas corpus is denied and the petition is dismissed, without costs or disbursements.
SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk