APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8898
CF/
|
2004-00097 Italo F. Bentley, respondent, v Guerlain, Inc., appellant. (Index No. 20146/01)
| 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 December 8, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8907
A/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-02331 Bleakley Platt & Schmidt, LLP, respondent, v Board of Education of Greenburgh Eleven Union Free School District, et al., appellants. (Index No. 2331/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered July 31, 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 appellants' time to perfect the appeal is enlarged until April 15, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8908
PL/sl
|
2003-07764 Nina Carbe, appellant, v Joelaine Cary, et al., respondent. (Index No. 14631/02)
| 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, Nassau County, dated July 17, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 26, 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
M8894
CF/
|
2003-08638 Michael Chan, respondent, v Emmanuel Skountzos, et al., appellants. (Index No. 35762/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 12, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8886
L/
|
2003-09424 Arthur Coussa, et al., respondents, v City of New York, defendant, James L. Pender, et al., appellants. (Index No. 1725/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants James L. Pender and Lori Ann Pender to withdraw their appeal from an order of the Supreme Court, Kings 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 by the appellants James L. Pender and Lori Ann Pender is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8835
E/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2002-09893, 2003-04715 Leslie Crockett, respondent, v Long Beach Medical Center, appellant. (Index No. 13001/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order of the Supreme Court, Nassau County, entered October 2, 2002, and a judgment of the same court entered May 1, 2003, to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - May 2003 Calendar," dated June 3, 2003, as dismissed an appeal from the order pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal from the order, for leave to withdraw that appeal, and to enlarge the time to perfect the appeal from the judgment.
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 so much of the decision and order on motion of this court dated June 3, 2003, as dismissed the appeal from the order entered October 2, 2002, is recalled and vacated; and it is further,
ORDERED that the appeal from the order is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the appellant's time to perfect the appeal from the judgment is enlarged until March 25, 2004, and the record or appendix on appeal and the appellant's 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
M8905
J/sl
|
2003-06967 D&S Realty Development, L.P., respondent, v Town of Huntington, et al., appellants, Planning Board of Town of Huntington, et al., defendants. (Index No. 2897/99)
| 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, Suffolk County, dated July 7, 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
M8899
CF/
|
2003-11388, 2004-00310 Robert Dechnick, respondent, v Sofia Realty, LLC, et al., appellants. (Index No. 33925/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw appeals from two orders of the Supreme Court, Kings County, dated October 8, 2003 and October 28, 2003, respectively.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8909
E/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2003-01472 Grace Plaza of Great Neck, Inc., respondent, v Maxine Heitzler, appellant. (Index No. 4381/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated January 8, 2003, which was determined by decision and order of this court dated December 29, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8902
L/
|
2004-00668 Debra Halbig, appellant-respondent, v Jospeh Halbig, respondent-appellant. (Index No. 9699/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 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 by the appellant-respondent is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8896
CF/
|
2003-08953 Brian Hendrickson, et al., appellants, v James A. Erickson, respondent. (Index No. 20642/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 26, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8885
L/
|
2003-11157 Mark Koplowitz, et al., respondents, v JeanPierre Touchard, et al., appellants. (Index No. 13904/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 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
M8859
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2002-09495 Mariana Lanc, appellant, v Michael Donnelly, et al., respondents. (Index Nos. 478/88, 6971/91)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Rockland County, dated June 20, 2002, for failure to timely perfect the same in accordance with the rules of this court, to strike the appellant's appendix as inadequate, or, in the alternative, for an enlargement of time to serve and file a brief. Cross motion by the appellant, inter alia, to vacate the order dated June 20, 2002, and a subsequent judgment of the same court dated October 24, 2002, for leave to prosecute the appeal as a poor person, to waive the requirements of 22 NYCRR 670.9(d)(2) that the appellant subpoena from the Supreme Court, Rockland County, all the papers constituting the record on appeal, and for leave to serve and file an oversized brief.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the notice of appeal from the order dated June 20, 2002, is deemed to be a premature notice of appeal from the judgment dated October 24, 2002; and it is further,
ORDERED that the branch of the cross motion which is to waive the requirements of 22 NYCRR 670.9(d)(2) that the appellant subpoena from the Supreme Court, Rockland County, all the papers constituting the record on appeal is granted; and it is further,
ORDERED that on the court's own motion, the Clerk of this court, or his designee, is directed to obtain all the papers constituting the record on appeal from the Supreme Court, Rockland County; and it is further,
ORDERED that the branches of the cross motion which are to serve and file an oversized brief and for poor person relief are denied as academic, as the appellant has filed a brief which complies with the rules of this court and paid the filing fee; and it is further,
ORDERED that the branch of the motion which is for an enlargement of time is granted, the respondent's time to serve and file a brief is enlarged until April 12, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion and cross motion are otherwise denied.
ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8879
L/
|
2004-00995 Cynthia Lewis, respondent, v Celia Venegas, defendant, Kings Point Gate Associates, LLC, et al., appellants. (Index No. 6549/02)
| 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 18, 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
M8900
L/
|
2003-09432 Peter Marshall, et al., respondents, v Roth's Metal & Glass, Inc., et al., appellants. (Index No. 42457/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 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
M8878
L/
|
2004-01139 Vernon A. McCreath, respondent, v Cesar Giron, appellant. (Index No. 6396/02)
| 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 January 14, 2004.
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
M8895
L/
|
2004-00180 Marion Nappi, appellant, v Incorporated Village of Lynbrook, et al., respondents. (Index No. 1694/01)
| 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 November 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
M8904
J/sl
|
2003-03195 123X Corp., etc., respondent, v Beverly Ann McKenzie, et al., appellants. (Index No. 21978/95)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Kings County, dated February 26, 2003.
ORDERED that the application is granted and the respondent's time to file a brief is enlarged until March 22, 2004, and the respondent's brief must be filed on or before that date; and it is further,
ORDERED that the appellants shall serve and file their reply brief on or before April 6, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8734
PL/sl
|
2003-04685 Charleen Anne Palumbo, respondent, v Robert Palumbo, appellant. (Index No. 24096/97)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, dated April 1, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 14, 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
M8926
Y/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-10167 Naila Qureshi, appellant, v State Farm Insurance Company, respondent. (Index No. 6558/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated March 8, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant, inter alia, for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, entered August 29, 2003, as a poor person, for the waiver of the filing fee, 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 on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that does not affect a substantial right of the appealing party (see CPLR 5701 [a][2][v]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
RITTER, J.P., SMITH, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8883
L/
|
2003-09700 Balcharan Raghunandan, respondent, v Clark Schubach, appellant. (Index No. 16420/02 )
| 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 October 10, 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
M8897
CF/
|
2004-00672 Justin Slezak, respondent, v Sutton Place Restaurant, Inc., d/b/a Sutton Place Restaurant, et al., appellants. (Index No. 16811/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated January 13, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8931
O/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-00856 Richard Smith, et al., plaintiffs-respondents, v Akis Pelengaris, Jr., et al., defendants-respondents, Barbara Pierson, et al., appellants. (Index No. 22037/01)
| 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, Suffolk County, dated November 6, 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.
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8903
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2002-09901 James Vignogna, respondent, v ABF Trucking, appellant, et al., defendants.
(Index No. 1599/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated September 19, 2001.
Upon the stipulation of the attorneys for the respective parties, dated March 3, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8882
L/
|
2003-09937 In the Matter of Marshall Boris, appellant, v First Cardinal Corporation, respondent. (Index No. 1680/97)
| 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
M8799
F/
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-10215 DECISION & ORDER ON MOTION In the Matter of Jill DiGiacomo, respondent, v Nicholas DiGiacomo, appellant.
(Docket No. F-1479-86)
|
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated October 1, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,
ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8901
L/
|
2004-00311
In the Matter of Jose Figueroa, appellant, v St. Mary's Hospital, respondent. (Index No. 43100/03)
| 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 November 26, 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
M8875
S/sl
|
2003-08613
In the Matter of Leonardo Fontani, appellant, v Joseph Hershowitz, a/k/a Joseph Ghershowitz, et al., respondents. (Index No. 24777/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated September 10, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until April 9, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8798
F/
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2004-00789 DECISION & ORDER ON MOTION In the Matter of Rollo French, appellant, v Anna French, respondent.
(Docket No. F-4111-92)
|
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated December 17, 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 branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,
ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8608
M/nal
|
2004-01737, 2004-01738 In the Matter of Ketevan Grigolava, respondent, v Gia Melikishvili, appellant. (Docket No. F-8616/02)
| SCHEDULING ORDER |
Appeals by Gia Melikishvili from two orders of the Family Court, Suffolk County, dated January 26, 2004, and December 1, 2003. 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 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 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 appeals 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
M8874
S/sl
|
2003-06158
In the Matter of Brian Latimore, petitioner, v Millard J. Hyland, etc., et al., respondents. (Index No. 5202/03)
| ORDER ON APPLICATION |
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, dated July 11, 2003.
ORDERED that the application is denied as academic as the proceeding was timely perfected on March 11, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8881
L/
|
2003 02545
In the Matter of David G. Putland, appellant, v William Grady, respondent. (Index No. 5668/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated February 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
M8877
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., appellants. (Index No. 5872/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated March 3, 2004, in the above-entitled matter is recalled and vacated and the following decision and order on motion is substituted therefor:
Appeal purportedly taken by 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 motion of Charles G. Weiler, Flavia Iannaccone, Anthony Lamuro, William Hughes, Raymond Rhoden, and Incorporated Village of Hempstead, 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, ______NY3d ______).
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 Charles G. Weiler, Flavia Iannaccone, Anthony Lamuro, William Hughes, Raymond Rhoden, and Incorporated Village of Hempstead, on an appeal from an order of the Supreme Court, Nassau County, dated October 16, 2002, to amend the notice of appeal to reflect that Charles G. Weiler, Flavia Iannaccone, Anthony Lamuro, William Hughes, Raymond Rhoden, and Incorporated Village of Hempstead, are the proper appellants on the appeal and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the notice of appeal is deemed corrected to reflect that Charles G. Weiler, Flavia Iannaccone, Anthony Lamuro, William Hughes, Raymond Rhoden, and Incorporated Village of Hempstead are the appellants on the appeal (see CPLR 2001); and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until March 24, 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., SMITH, S. MILLER and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8794
F/
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2004-00632 In the Matter of Alberto Valentin, appellant, v Luz Carrero, respondent.
(Docket No. O-24783-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated December 19, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
David Bliven, Esq.
90- 50 Parsons Blvd. - Suite 401C
Jamaica, New York 11432
(718) 725-9600
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
ALTMAN, J.P., S. MILLER, KRAUSMAN, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8015
E/sl
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2002-11254 In the Matter of Ruth Williams, appellant, v Lewis Finch, a/k/a Claude Wallis Williams, respondent. (Docket Nos. P-8381/01, P-8382/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Family Court, Kings County, dated November 19, 2002, on the grounds that no appeal lies from so much of the order as denied reargument and no appeal lies as of right from so much of the order that is not a final order of disposition.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that on the court's own motion, the portion of the notice of appeal that purports to appeal as of right from so much of the order as, upon reargument, granted the petition under Docket No. P-8381/01 to the extent of setting the matter down for a best interests hearing is treated as an application for leave to appeal from that part of the order and leave to appeal from that part of the order is granted; and it is further,
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the time of the respondent and the Law Guardian to serve and file briefs is enlarged until April 12, 2004, and those briefs must be served and filed on or before that date.
SMITH, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8806
F/
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
1995-05772 The People, etc., respondent, v Annette Archer, appellant. (Ind. No. 3822/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered May 22, 1995.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
SMITH, J.P., GOLDSTEIN, ADAMS, and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8805
F/
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
1993-06657 The People, etc., respondent, v Andrew Barnes, appellant. (Ind. No. 11692/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered September 15, 1993.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
SMITH, J.P., GOLDSTEIN, ADAMS, and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8800
F/
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2002-07522
The People, etc., respondent, v Terrance Breazil, appellant. (Ind. No. 9013/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered June 14, 2002, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8346
F/
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2003-01619 The People, etc., respondent, v Gerard Clifford, appellant. (Ind. No. 2835-02)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered January 22, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on April 9, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co., - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Scott Lockwood, Esq.
1600 Deer Park Avenue
Deer Park, New York 11729
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
SMITH, J.P., KRAUSMAN, GOLDSTEIN, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
34 Winding Path - Apt. 20
Manorville, New York 11949
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8849
F/
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2002-03574 The People, etc., respondent, v Darnell Davis, appellant. DECISION & ORDER ON MOTION
(Ind. No. 10126/00)
| Motion to File a Supplemental Brief |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered April 16, 2002.
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 appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before April 26, 2004.
RITTER, J.P., S. MILLER, H. MILLER, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
02 A 2432
Elmira Corr. Fac.
Box 500
Elmira, New York 14902
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8477
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-00406
The People, etc., respondent, v Eric Eason, appellant.
(Ind. No. 2449/02)
| 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 October 15, 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:
Martin Goldberg, Esq.
P.O. Box 236
Franklin Square, New York 11010
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.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 5808
Groveland Corr. Fac.
Route 36 - Sonyea Road
Sonyea, New York 14556
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8852
F/
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2004-01088 The People, etc., respondent, v Albert Ermmarino, appellant. (Ind. No. 978-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Suffolk County, rendered October 16, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the County Court, Suffolk County, rendered October 16, 2003.
RITTER, J.P., S. MILLER, H. MILLER, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8871
F/
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2004-01129 The People, etc., plaintiff, v Arturo Garcia, defendant. (Ind. No. 1067/02)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered October 24, 2002.
Upon the papers filed in support of the motion and the papers filed in relation 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
M8868
F/
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2004-01085 The People, etc., plaintiff, v Michael Gonzalez, defendant. (Ind. No. 10319/03)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Queens County, rendered April 22, 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.
RITTER, J.P., S. MILLER, H. MILLER, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8807
F/
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2004-00684
The People, etc., respondent, v Gary Irving, appellant.
(Ind. No. 65/03)
| 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, Dutchess County, rendered January 7, 2004, 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 and in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in 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:
David Goodman, Esq.
Public Defender
22 Market Street
Poughkeepsie, New York 12601
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:
04 R 2013
Ulster Corr. Fac.
P.O. Box 800 - Berme Rd.
Napanoch, New York 12458-0800
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8846
F/
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2002-08679 v Kenroy Jackson, appellant. (Ind. No. 8484/01)
| The People , etc., respondent, DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered September 10, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
RITTER, J.P., S. MILLER, H. MILLER, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
02 A 5149
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8855
F/
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2004-01231
The People, etc., plaintiff, v Corey Lopez, defendant. (Ind. No. 272/03)
| 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 pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered June 6, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., S. MILLER, H. MILLER, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
03 A 3664
Coxsackie Corr. Fac.
Box 999
Coxsackie, New York 12051
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8748
F/
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2000-07709 The People, etc., respondent, v Shawn McIntosh, appellant. (Ind. No. 98-01759)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered June 2, 2000.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
ALTMAN, J.P., S. MILLER, KRAUSMAN, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8755
F/
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2004-01637 The People, etc., respondent, v David Pagan, appellant. (Ind. No. 6091/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered May 29, 2003.
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 time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Kings County, rendered May 29, 2003.
ALTMAN, J.P., S. MILLER, KRAUSMAN, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8763
F/
THOMAS A. ADAMS, J.
|
2004-00609
The People, etc., plaintiff, v James Pettus, defendant. (Ind. No. 6013/02)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated October 8, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
THOMAS A. ADAMS
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8599
F/
WILLIAM F. MASTRO, J.
|
2003-02520
The People, etc., plaintiff, v Alcides Ramos, defendant. (Ind. No. 85-00363)
| 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 County Court, Rockland County, dated February 10, 2003, which was determined by me on September 11, 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.
WILLIAM F. MASTRO
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8822
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2003-05413 The People, etc., respondent, v Francisco Santiago, appellant. (Ind. No. 02-00769)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered May 20, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on January 7, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Ron Stokes, Esq.
3224 South Shelley Street
Mohegan Lake, New York 10547
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Marianne Karas, Esq.
Box 277
Armonk, New York 10504
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
RITTER, J.P., GOLDSTEIN, TOWNES, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 2787
Mid-State Corr. Fac.
Box 2500
Marcy, New York 13403
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8844
F/
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2004-01064
The People, etc., respondent, v David Thompson, appellant. (Ind. No. 1460-03)
| 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 appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Suffolk County, rendered November 18, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated in or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co., - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
RITTER, J.P., S. MILLER, H. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
03 A 6259
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8823
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-06990
The People, etc., respondent, v Peter J. Troy, appellant.
(Ind. No. 1023/02)
| 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 July 30, 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:
Martin Goldberg, Esq.
P.O. Box 236
Franklin Square, New York 11010
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.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 4105
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8804
F/
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2004-00959, 2004-00960
The People, etc., respondent, v Charles Walker, appellant. (Ind. Nos. 846/02, 1289/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeals from two judgments of the Supreme Court, Queens County, both rendered January 12, 2004, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8820
F/
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2004-00261
The People, etc., respondent, v Willie Williams, appellant.
(Ind. No. 03-01036)
| 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 Supreme Court, Westchester County, rendered December 16, 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:
Marianne Karas, Esq.
Box 277
Armonk, New York 10504
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:
03 A 6887
Franklin Corr. Fac.
P.O. Box 10
Malone, New York 12953