APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8830
S/sl
|
2003-03555, 2003-03619 Alsol Enterprises, Ltd., respondent, v Premier Lincoln-Mercury, Inc., appellant. (Action No. 1) (Index No. 28657/02) 2003-05105 Premier Lincoln-Mercury, Inc., appellant, v Alsol Enterprises, Ltd., respondent. (Action No. 2) (Index No. 16980/02)
| 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 appeals from three orders of the Supreme Court, Kings County, all dated April 14, 2003 (two entered in Action No. 1 and one entered in Action No. 2).
ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court on March 5, 2004, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8869
L/
|
2003-09428 Denise Baumann, et al., respondents, v Phillip Elliott, et al., defendants, Dawanna Williams Henry, s/h/a Dwonna W. Henry, appellant. (Index No. 20632/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 29, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8863
L/
|
2003-08298 Michael Bimonte, et al., respondents, v Lerner New York, appellant, et al., defendant. (Index No. 17770/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 11, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8841
L/
|
2003-10440 William R. Bloom, appellant, v Charlotte Ferri, et al., respondents. (Index No. 7564/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 31, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8872
L/
|
2003-09849 Jose Brown, respondent, v Mount Sinai Medical Center, Inc., appellant, et al., defendant. (Index No. 41794/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 4, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8842
L/
|
2003-09232 John V. Caserma, appellant, v Joseph Iguera, respondent. (Index No. 732/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, dated September 17, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8856
L/
|
2003-11229 Lisa Chefalas, et al., appellants, v North Shore University Hospital, et al., respondents, et al., defendant. (Index No. 6258/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 28, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8751
A/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-03080 Daniel Estrada, etc., et al., appellants, v Berkel Incorporated, et al., respondents (and a third-party action). (Index No. 28358/00)
| DECISION & ORDER ON MOTION |
Motion by counsel for the respondents to admit pro hac vice Dennis R. Kiker and Christopher J. Wesser, attorneys in good standing in the Commonwealth of Virginia, to represent the respondents on an appeal from an order of the Supreme Court, Queens County, dated December 20, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and Dennis R. Kiker and Christopher J. Wesser are admitted pro hac vice to represent the respondents on the appeal.
S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8857
L/
|
2004-01536 Philip Fong, et al., appellants, v Sue Yee Lai, et al., respondents. (Index No. 26468/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 3, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8829
Y/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2003-07765 Arthur L. Fried, etc., et al., respondents, v David Berry Realty, et al., appellants. (Index No. 165/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, dated August 19, 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 appellants' time to perfect the appeal is enlarged until April 26, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
RITTER, J.P., S. MILLER, H. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8860
L/
|
2003-10207 Philip Fuchs, appellant, v Louis Fuchs, respondent. (Index No.14759/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 29, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8853
L/
|
2003-10907 Thomas Garbett, et al., respondents, v Allstate Insurance Company, appellant. (Index No. 6853/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated October 23, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8870
L/
|
2003-10219 Gold Medical Technologies, Inc., respondent, v Western Surety Company, appellant. (Index No. 4531/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 8, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8837
S/sl
|
2003-06677 Laura Goldstein, respondent, v Federated Department Stores, Inc., et al., appellants.
(Index No. 19142/00)
| ORDER ON APPLICATION |
ORDERED that the order on application of this court dated March 8, 2004, in the above-entitled action is amended by deleting from the caption thereof the name "Golstein", and substituting therefor the name "Goldstein".
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8768
A/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
NANCY E. SMITH, JJ.
|
2004-00386 Deyanira Guzman, etc., et al., plaintiffs, v James J. Ducey, et al., defendants.
(Index No. 12046/01)
| DECISION & ORDER ON MOTION |
Motion by the defendants James J. Ducey and Toni Otway for leave to appeal to this court from an order of the Supreme Court, Richmond County, dated November 6, 2003, and, in the event leave to appeal is granted, to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
RITTER, J.P., SANTUCCI, ALTMAN and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8843
L/
|
2002-05867 David Kleinman, et al., appellants, v Jack Ricotta, respondent. (Index No. 3315/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Westchester County, dated May 16, 2002.
Upon the stipulation of the parties, dated October 27, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8640
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2002-02207, 2002-02208, 2002-02209, 2002-02210, 2002-02211, 2002-02212, 2002-02213, 2002-02214, 2002-02215, 2002-02216, 2002-03435 Bruce S. Klutchko, appellant, v Marcy R. Baron, respondent. (Index No. 3586/93)
| DECISION & ORDER ON MOTION |
Motion by the appellant to resettle a decision and order on motion of this court dated November 10, 2003, which granted his prior motion, in effect, for leave to renew and reargue appeals from nine orders of the Supreme Court, Westchester County, one dated January 17, 2002, one entered January 24, 2002, one entered March 11, 2002, and six entered February 8, 2001, a judgment of the same court dated January 22, 2002, and an interlocutory judgment of the same court also dated January 22, 2002, which were determined by decision and order of this court dated February 3, 2003 (see Klutchko v Baron, 302 AD2d 361), and upon resettlement, to direct the Westchester County Department of Probation/Family Unit, to conduct certain forensic evaluations which were to be performed in accordance with the decision and order on motion of this court dated November 10, 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; and it is further,
ORDERED that on the court's own motion, the matter is remitted to the Supreme Court, Westchester County, for an immediate hearing on the issue of the appellant's ability to share in the costs of the forensic evaluations and to issue an order setting forth the parties' respective share of the costs of such evaluations, and to direct the parties within 10 days of the date of the order to contact Westchester Jewish Community Services to arrange for the forensic evaluations and to pay any sums required by Westchester Jewish Community Services in accordance with the parties' respective share of such costs as determined by the Supreme Court.
SANTUCCI, J.P., KRAUSMAN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8838
O/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2003-08729 Lemonia Kolivas, respondent, v Maureen D. Kirchoff, et al., appellants, et al., defendants. (Index No. 20371/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated July 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 granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
RITTER, J.P., S. MILLER, H. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8861
L/
|
2003-10241, 2003-10554 Liberty Mutual Insurance Company, respondent, v La Quienta Properties, Inc., et al., appellants, Hilltop Manor of Niskayuna, Inc., et al., defendants. (Index No. 1983/02)
| ORDER ON APPLICATION Application to Withdraw Appeals |
Application by the appellants to withdraw appeals from an order of the Supreme Court, Westchester County, dated September 30, 2003, and a judgment of the same court, entered October 15, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8850
L/
|
2003-09079 Patrick McArthur, appellant, v Hector A. Barrios, respondent. (Index No. 11805/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 19, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8854
L/
|
2003-10707 Karin McAteer, respondent, v Seymour Einhorn, appellant. (Index No.11260/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 24, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8858
L/
|
2003-10188 Midland Credit Management, Inc., respondent, v Raymond Call, appellant. (Index No. 17548/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 8, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8832
E/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2004-01676 George Morse, respondent, v Conchetta Morse, appellant.
(Index No. 6108/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Rockland County, dated January 22, 2004, inter alia, to enjoin the respondent from making certain elections with respect to his pension pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., S. MILLER, H. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8773
A/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2004-00659 Michael Murphy, et al., appellants, v Richard Malouf, et al., respondents. (Index No. 1740/98)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiffs from a decision of the Supreme Court, Putnam County, dated July 31, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8825
L/
|
2003-07395 Rory Murphy, et al., plaintiffs-respondents- appellants, v Sawmill Construction Corporation, appellant-respondent, Perry Quaranti d/b/a Quaranti Installations, et al., defendants- respondents-appellants. (Index No. 5177/00)
| ORDER ON APPLICATION Application to Withdraw Appeal and Cross Appeals |
Separate applications by the appellant-respondent, the plaintiffs-respondents-appellants, and the defendants-respondents-appellants to withdraw their respective appeal and cross appeals from an order of the Supreme Court, Rockland County, dated June 26, 2003.
Upon the papers filed in support of the applications and no papers having been filed in opposition or relation thereto, it is
ORDERED that the applications are granted and the appeal and cross appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8866
L/
|
2003-09659 NSP Construction Corp., respondent, v CNS Realty Holding Corp., et al., appellants, et al., defendant. (Index No. 47126/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated September 30, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8864
L/
|
2003-10226 Wesley Payne, respondent, v Metropolitan Transportation Authority, et al., appellants. (Index No. 19916/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 17, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8862
L/
|
2003-08368 Bhanmati Persaud, appellant, v Benenson Capital Company, et al., respondents. (Index No. 19641/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated August 11, 2003.
Upon the stipulation of the parties, dated March 5, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8827
Y/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-11182 Kent W. Profeta, et al., respondents, v Choudhry G. Abbas, et al., appellants. (Index No. 12736/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 3, 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., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8795
A/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
HOWARD MILLER
BARRY A. COZIER, JJ.
|
2003-04259 DECISION & ORDER ON MOTION Joshua M. Pruzansky, appellant, v Joel Ziegler, etc., et al., respondents. (Index No. 23954/02)
|
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, entered April 25, 2003, to strike portions of the respondents' brief on the ground that it refers to matters dehors the record, and cross motion by the respondents, inter alia, in effect, for leave to serve and file a supplemental record containing certain deeds.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are held in abeyance, and are referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8848
L/
|
2003-10201 Robert Sammarco, appellant, v Julio Cesar Arpi, et al., respondents. (Index No. 203/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 30, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8851
L/
|
2003-09468 Valerie Taylor, appellant, v County of Westchester, et al., respondents. (Index No. 6118/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 15, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8816
J/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-07624 Ultra Flex Packaging Corp., appellant-respondent, v I.J. Litwak & Co., Inc., respondent-appellant. (Index No. 30502/98)
| DECISION & ORDER ON MOTION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2), on an appeal and cross appeal from a decision of the Supreme Court, Kings County, dated July 23, 2003, to enlarge the time to perfect the appeal.
Now, on the court's own motion, it is
ORDERED that the appeal and cross appeal are dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the application is denied as academic.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8873
S/sl
|
2003-06228 Carol Ann Zeppetelli, respondent, v 1372 Broadway, LLC, et al., appellants. (Index No. 18615/98)
| 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, Westchester County, dated June 11, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 9, 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
M8601
M/nal
|
2004-01742 In the Matter of Anastasia B. (Anonymous). Administration for Children's Services, petitioner- respondent; Shannan B. (Anonymous), respondent; Constantin B. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-17178-97) In the Matter of Maximillian B. (Anonymous). Administration for Children's Services, petitioner- respondent; Shannan B. (Anonymous), respondent; Constantin B. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-17179-97)
| SCHEDULING ORDER |
Appeal by Constantin B. from an order of the Family Court, Queens County, dated January 26, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
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
M8803
M/nal
|
2004-01829, 2004-01920 In the Matter of Justin Henry B. (Anonymous). St. Vincent's Services, respondent; Tawana C. (Anonymous), appellant. In the Matter of Fantaisha Niasha Patricia C. (Anonymous). St. Vincent's Services, respondent; Tawana C. (Anonymous), appellant. (Docket Nos. B-13439/00, B-13440/00)
| SCHEDULING ORDER |
Appeals by Tawana C. from two orders of the Family Court, Kings County, both dated January 16, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeals should or should not be dismissed.
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
M8776
A/sl
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-10481 In the Matter of Leslie Barnes, respondent, v Janette Mickelsen-Barnes, appellant. (Docket No. O-7954/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Family Court, Westchester County, dated October 15, 2003, on the ground that the appeal was untimely taken. By decision and order on motion of this court dated January 14, 2004, inter alia, the appellant's time to respond to the motion was enlarged until January 29, 2004, and the motion was held in abeyance in the interim.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
KRAUSMAN, J.P., TOWNES, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8826
S/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2003-05370 In the Matter of Lillian C. (Anonymous). Administration for Children's Services, petitioner-respondent; Gary W. (Anonymous), appellant; Chonghiu C. (Anonymous), respondent. (Docket No. NA-7387-01)
| DECISION & ORDER ON APPLICATION |
Applications by the Law Guardian and the respondent pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to serve and file briefs on an appeal from an order of the Family Court, Queens County, dated May 21, 2003.
Upon the papers filed in support of the applications and the papers filed in opposition thereto, it is
ORDERED that the applications are granted and the briefs of the Law Guardian and the respondent shall be served and filed on or before March 19, 2004; and it is further,
ORDERED that no further enlargements of time shall be granted.
RITTER, J.P., S. MILLER, H. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8617
M/nal
|
2004-01736 In the Matter of Albert DeSousa, appellant, v Department of Social Services, o/b/o Susan DeSousa, respondent. (Docket No. F-415-80)
| SCHEDULING ORDER |
Appeal by Albert DeSousa from an order of the Family Court, Suffolk County, dated January 28, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should 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
M8658
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-02010
In the Matter of Nicolette H. (Anonymous). Dutchess County Department of Social Services, appellant; Michelle S. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Austin H. (Anonymous). Dutchess County Department of Social Services, appellant; Michelle S. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Nathaniel S. (Anonymous). Dutchess County Department of Social Services, appellant; Michelle S. (Anonymous), et al., respondents. (Proceeding No. 3) (Docket Nos. N 05022-02, N 5016-02, N 5017-02, N-5013-02)
| DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel of Assignment and to Assign New Counsel - Family Court |
On the court's own motion, it is
ORDERED that counsel assigned to represent the respondent John Festa in connection with the above entitled proceedings is relieved from representing that respondent on an appeal from an order of the Family Court, Dutchess County, dated February 10, 2004, and is directed to turn over all papers in the proceedings to new counsel herein assigned.
The following named attorney was assigned by the Family Court, Dutchess County, to represent the respondent John Festa in the above entitled proceedings:
Brian M. Judge, Esq.
1733 Main Street
P.O. Box 3750
Poughkeepsie, NY 12603
and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as new counsel for the respondent John Festa:
Arza Raychess Feldman, Esq.
300 Rabro Drive
Hauppauge, New York 11788
(631) 272-5207
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8792
M/nal
|
2004-01723 In the Matter of Lida Kholasechi, respondent, v Yoab Massih-Israelian, appellant. (Docket No. F-01599/97)
| SCHEDULING ORDER |
Appeal by Yoab Massih-Israelian from an order of the Family Court, Kings County, dated December 30, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
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
M8621
M/nal
|
2004-01743 In the Matter of Eva M. King, appellant, v Ramel Flowers, respondent. (Docket No. O-01551/04)
| SCHEDULING ORDER |
Appeal by Eva M. King from an order of the Family Court, Queens County, dated February 5, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should 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
M8847
Y/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2004-01721 In the Matter of Eureko L. (Anonymous). Queens Administration for Children's Services, appellant; Tienna L., et al., respondents. (Docket No. NN-3148/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated February 27, 2004, to stay enforcement of the order to remand the subject child to the custody of the appellant, and to direct that visitation between the subject child and the respondents be supervised by the appellant pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and, pending hearing and determination of the appeal or further order of the Family Court, Queens County, after completion of a hearing pursuant to Family Court Act § 1028, enforcement of the order of the Family Court, Queens County, dated February 27, 2004, is stayed, the subject child is remanded to the custody of the appellant, and visitation between the subject child and the respondents shall be supervised by the appellant.
RITTER, J.P., S. MILLER, H. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8865
M/mv
|
2003-09934 In the Matter of Lincoln Joshua L. (Anonymous). Child Welfare Administration-Queens, petitioner- respondent; Vivian Mc. (Anonymous), appellant, et al., respondents. (Docket No. N-15997/00)
| ORDER TO SHOW CAUSE |
Appeal by Vivian Mc. from an order of the Family Court, Queens County, dated October 15, 2003. By decision and order of this court dated January 23, 2004, the appellant was granted leave to renew, on or before February 23, 2004, a motion for leave to prosecute the appeal as a poor person. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 26, 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
M8839
M/mv
|
2003-08535 In the Matter of Riva Lava, respondent, v Andreas Damianou, appellant. (Docket No. P-3894/01)
| SCHEDULING ORDER |
Appeal by Andreas Damianou from an order of the Family Court, Queens County, dated August 18, 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 24, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8834
Y/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2002-00562 In the Matter of Edmund J. McCormick, deceased. Suzanne V. McCormick, appellant-respondent; Bankers Trust Company, respondent-appellant, Herman Markowitz, respondent. (Index No. 3522/88)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent for leave to reargue an appeal and cross appeal from an order of the Surrogate's Court, Westchester County, dated November 30, 2001, which was determined by decision and order of this court dated April 2, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SMITH, J.P., GOLDSTEIN, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8802
M/nal
|
2004-01828 In the Matter of Shahzada Mohammad, respondent, v Abdul Qazi Mohammad, appellant. (Docket Nos. V-26688/99, V-27057/99)
| SCHEDULING ORDER |
Appeal by Abdul Qazi Mohammad from an order of the Family Court, Kings County, dated February 26, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
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
M8867
M/mv
|
2003-09154 In the Matter of Cynthia Morales, respondent, v Juan Rodriguez, appellant. (Docket No. F-04369/02)
| ORDER TO SHOW CAUSE |
Appeal by Juan Rodriguez from an order of the Family Court, Queens County, dated July 16, 2003. By decision and order on motion of this court dated January 16, 2004, the appellant's motion for leave to prosecute the appeal as a poor person was denied and the appellant was directed to perfect the appeal on or before February 25, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 26, 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
M8422
M/mv
|
2004-00884 In the Matter of Anthony O. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-101-02) In the Matter of Nicholas K. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-102-02) In the Matter of Tabitha K. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-103-02)
| SCHEDULING ORDER |
Appeal by Lillian O. from an order of the Family Court, Westchester County, dated December 29, 2003. By decision and order on motion of this court dated February 13, 2004, the following named attorney was assigned to prosecute the appeal:
Izhak Ben-Meir, Esq.
720 Milton Road - Apt. 4B
Rye, New York 10580
(914) 967-3991
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated February 13, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
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
M8715
O/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2004-00637, 2004-00638, 2004-00639, 2004-00640, 2004-00641, 2004-00642 In the Matter of Jahmeek Winston P. (Anonymous). Administration for Children's Services, et al., respondents; Patricia P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Onique Patrice P. (Anonymous). Administration for Children's Services, et al., respondents; Patricia P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Shantonia Nicole A. (Anonymous). Administration for Children's Services, et al., respondents; Patricia P. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Ohmarnie Mary P. (Anonymous). Administration for Children's Services, et al., respondents; Patricia P. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Nastazia Delores P. (Anonymous). Administration for Children's Services, et al., respondents; Patricia P. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Jahnia Patreka P. (Anonymous). Administration for Children's Services, et al., respondents; Patricia P. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. B-2087/02, B-03853/01, B-03854/01, B-03855/01, B-03856/01, B-03857/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute appeals from six orders of the Family Court, Kings County, all dated December 8, 2003, as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition or 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 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:
Sarah Ann Tirgary, Esq.
90-50 Parsons Blvd. Suite 401G
Jamaica, New York 11432
(718) 725-1200
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., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8845
L/
|
2004-00647 In the Matter of Lionel Pollack, deceased. Miriam J. Silver, respondent; Steven G. Pollack, et al., appellants. (Index No. 330136)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Surrogate's Court, Nassau County, dated December 7, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8801
Y/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2004-01685 In the Matter of Florentino R. (Anonymou Commissioner of the Administration for Children's Services of the City of New Yo appellant; Krystina R. (Anonymous), et al. respondents. (Docket No. NA-07856/03)
| DECISION & ORDER ON MOTION s), Jr. rk, , |
Motion by the appellant on an appeal from an order of the Family Court, Kings County, entered February 26, 2004, (1) to stay enforcement of so much of the order as awards the respondents Krystina R. and Florentino R. unsupervised visitation with the subject child for up to six hours per week and (2) to direct that visitation continue to be supervised by the Administration for Children's Services of the City of New York pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of so much of the order entered February 26, 2004, as awards the respondents Krystina R. and Florentino R. unsupervised visitation with the subject child for up to six hours per week is stayed, and visitation shall continue to be supervised by the Administration for Children's Services of the City of New York pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 12, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 12, 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., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8585
M/nal
|
2004-01735 In the Matter of James Yutesler, appellant, v Lois Parsons, respondent. (Docket No. V-14964/02)
| SCHEDULING ORDER |
Appeal by James Yutesler from an order of the Family Court, Suffolk County, dated January 20, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
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
M8600
F/
WILLIAM F. MASTRO, J.
|
2001-06493 The People, etc., respondent, v Michael Adamo, appellant. (Ind. No. 3404/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant, pursuant to CPL 460.20, for a certificate granting leave to appeal to the Court of Appeals from a decision and order of this court, dated October 14, 2003, which affirmed a judgment of the Supreme Court, Queens County, rendered July 2, 2001.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
WILLIAM F. MASTRO
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8597
F/
WILLIAM F. MASTRO, J.
|
2003-08334 The People, etc., plaintiff, v Douglas Ames, defendant. (Ind. No. 8812/89)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 15, 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.
WILLIAM F. MASTRO
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8831
K/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2000-01195, 2003-07276 The People, etc., respondent, v Kareem Broxton, appellant. (Ind. No. 1351/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from a judgment of the Supreme Court, Queens County, rendered January 19, 2000, and an order of the same court dated June 25, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted to the extent that the appeals shall be heard together, and shall be argued or submitted on the same day, and the motion is otherwise denied.
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8624
K/sl
WILLIAM F. MASTRO, J.
|
2003-07276 The People, etc., respondent, v Kareem Broxton, appellant.
(Ind. No. 1351/97)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated June 25, 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 granted; the defendant is granted leave to appeal from the order of the Supreme Court, Queens County, dated June 25, 2003, made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
WILLIAM F. MASTRO
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8779
A/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2003-10989
The People, etc., respondent, v Hilton Cohen, appellant.
(Ind. No. 2397/00)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment |
Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Nassau County, rendered March 8, 2001, 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 or relation thereto, it is
ORDERED that the motion is denied (see CPL 460.30[1]).
FLORIO, J.P., KRAUSMAN, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
01-A-2026
Fishkill Correctional Facility
Box 1245
Beacon, New York 12508
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8596
F/
WILLIAM F. MASTRO, J.
|
2003-06201 The People, etc., plaintiff, v Thomas Currao, defendant. (Ind. No. 851/98)
| 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 June 24, 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.
WILLIAM F. MASTRO
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8598
F/
WILLIAM F. MASTRO, J.
|
2003-07876 The People, etc., plaintiff, v Samuel Fells, defendant. (Ind. No. 51471)
| 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, Nassau County, dated June 18, 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.
WILLIAM F. MASTRO
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8818
A/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2000-09533 The People, etc., respondent, v Jose Ferreiras, appellant. (Ind. No. 99-01562)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the County Court, Westchester County, rendered August 24, 2000, as abandoned, and cross motion by the appellant to enlarge time to perfect that appeal.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted, the appellant's time to perfect the appeal is enlarged until July 13, 2004, and the record and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion by the respondent to dismiss the appeal is denied.
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7715
F/
ROBERT W. SCHMIDT, J.
|
2003-10650 The People, etc., plaintiff, v Alvin Hudson, defendant. (Ind. No. 2752/99)
| 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 November 10, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT W. SCHMIDT
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8817
A/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2001-05970
The People, etc., respondent, v David Martinez, appellant. (Ind. No. 774/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered June 18, 2001.
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 appellant's supplemental brief shall be served and filed on or before May 17, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8828
Y/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-02919 The People, etc., respondent, v Heidi Messenger, appellant.
(SCI No. 620/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Orange County, rendered March 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 the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until March 22, 2004, and the respondent's brief must be served and filed on or before that date.
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8833
S/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2004-00870
The People, etc., respondent, v Rex Okhayan, appellant.
(Ind. No. 1672/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered January 13, 2004, as a poor person, and for the assignment of counsel. Separate motion by former trial counsel for the appellant for the same relief.
Upon the papers filed in support of the motions and the papers filed in relation thereto, it is
ORDERED that the motions are 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:
Virgina Boccio, Esq.
977 North Broadway
No. Massapequa, New York 11758
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., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
100 Carman Avenue
East Meadow New York 11554-1146
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8653
K/sl
STEPHEN G. CRANE, J.
|
2003-06047 The People, etc., plaintiff, v Derek Rawlings, defendant. (Ind. No. 2924/88)
| DECISION & ORDER ON MOTION |
Motion by the defendant for reargument of his prior application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated May 28, 2003, which was determined by decision and order on application of this court dated December 9, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
STEPHEN G. CRANE
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8876
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2003-08039 The People, etc., respondent, v Alfredo Rodriguez, appellant. (Ind. No. 0668/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered December 1, 2003, to continue a stay of execution of said judgment which was granted by decision and order on motion, dated December 12, 2003, pending determination of the appeal to this court.
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 stay of execution of the judgment granted by decision and order on motion of this court dated December 12, 2003, is continued pending hearing and determination of the appeal, on the same bail conditions set forth in this court's decision and order on motion dated December 12, 2003, and on condition that the appeal is perfected on or before June 11, 2004; and it is further,
ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before June 11, 2004; and it is further,
ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court for execution of sentence.
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8815
A/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
HOWARD MILLER
BARRY A. COZIER, JJ.
|
2000-03919 The People, etc., respondent, v Richard Timmons, appellant. (Ind. No. 3919/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, rendered April 4, 2000, and, in effect, to be supplied with certain documents.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until May 14, 2004; and it is further,
ORDERED that the branch of the motion which is, in effect, to be supplied with certain documents is granted to the extent that the Clerk of this court shall provide the defendant with the trial court docket sheets, and that branch of the motion is otherwise denied as the documents requested are either unavailable or have been provided to the defendant.
ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8784
A/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2002-06012 The People, etc., respondent, DECISION & ORDER v Luis Vasquez, appellant.
(Ind. No. 2379/00)
| ON MOTION |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered June 14, 2002, and for assignment of new counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied, without prejudice to the appellant moving for leave to serve and file a supplemental brief after assigned counsel serves and files a brief on the appeal.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7714
F/
ROBERT W. SCHMIDT, J.
|
2003-09578 The People, etc., plaintiff, v Kyle Watson, defendant. (Ind. No. 99-01026)
| 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 8, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT W. SCHMIDT
Associate Justice