APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9140
E/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2002-09879 Conquest Cleaning Corp., appellant, v New York City School Construction Authority, respondent. (Index No. 12576/91)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, dated September 10, 2002, which was determined by decision and order of this court dated December 15, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and separate motion by the appellant for leave to renew the appeal based on newly discovered evidence.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied, with one bill of $100 costs.
PRUDENTI, P.J., SMITH, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9128
R/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2002-05237 Edward Harris, respondent, et al., plaintiffs, v City of New York, appellant. (Index No. 7604/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, entered May 23, 2002, 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.
ALTMAN, J.P., H. MILLER, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9121
R/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2002-10000 Angela Kanner, appellant, v Richard Rubin, respondent. (Index No. 8645/94)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated November 24, 2003, which determined an appeal from an order of the Supreme Court, Kings County, dated July 16, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9142
Y/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2003-11419 M&T Mortgage Corporation, respondent, v Kathy Evans, appellant, et al., defendants. (Index No. 5145/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay the foreclosure sale of the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated 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 denied.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9161
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-11185
Selaudin Marke, respondent, v Q.B. Associates, appellant. (Index No. 43643/00)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 13, 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 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
M9109
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2004-01311 The People of the State of New York, o/b/o Salvatore Morocco, Jr., plaintiff, v Tara M. Morocco, a/k/a Tara Caporicci, defendant. (Ind. No. 899/04)
| DECISION & ORDER ON MOTION |
Motion by the defendant, inter alia, for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated February 11, 2004, and 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 branches of the motion which are for leave to appeal and to stay enforcement of the order are granted, and enforcement of the order is stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the motion is otherwise denied.
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9138
C/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2002-06837, 2002-10993 Jemiliya Pudalov, respondent-appellant, v Scott Pudalov, appellant-respondent. (Index No. 333/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant, inter alia, pursuant to 22 NYCRR 670.6(a) for leave to reargue appeals from two orders of the Supreme Court, Westchester County, entered July 22, 2002, and November 4, 2002, respectively, which were determined by decision and order of this court dated September 22, 2003, and to deem the motion timely filed. Separate motion by the children of the parties, inter alia, for the same relief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branches of the motions which are to deem the respective motions timely filed are granted; and it is further,
ORDERED that the motions are otherwise denied.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9123
R/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2002-06540 Patricia Stanton, appellant, v Town of Oyster Bay, et al., respondents. (Index No. 5561/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered June 13, 2002, which was determined by decision and order of this court dated December 29, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., FLORIO, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8917
K/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-04667
Henry R. Weber, et al., plaintiffs-respondents, v Pathmark Stores, Inc., etc., defendant third-party plaintiff-respondent; D&D Elevator Maintenance, Inc., third-party defendant-appellant. (Index No. 23425/00)
| ORDER TO SHOW CAUSE |
The third-party defendant, D&D Elevator, having appealed to this court from an order of the Supreme Court, Queens County, dated March 28, 2003, and having perfected the appeal on October 2, 2003, and the respondents having filed their separate briefs on December 3, 2003, the matter was placed on this court's calendar for March 11, 2004. By letter dated March 3, 2004, counsel for the appellant advised this court that "the parties to the third-party action, including appellant D&D Elevator, have agreed to arbitration" and further requested that the appeal be removed from the court's calendar and advised that a stipulation withdrawing the appeal would be submitted. On March 4, 2004, counsel for the appellant forwarded to this court a copy of the "stipulation of discontinuance" of the action which was dated December 15, 2003, along with a copy of a release which had been executed on December 11, 2003.
Now on the court's own motion, it is
ORDERED that the parties or their counsel are directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate 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 all parties to the action on or before April 20, 2004.
Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).
The Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon counsel for the respective parties by regular mail.
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9137
M/nal
|
2002-02905 In the Matter of Maela Blanco, respondent, v Terry Corbett, appellant. (Docket No. V-8119/98)
| SCHEDULING ORDER |
Appeal by Terry Corbett from an order of the Family Court, Queens County, dated October 4, 2001. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's brief shall be served and filed on or before April 12, 2004.
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
M9146
M/nal
|
2003-10441 In the Matter of Joseph Bruno, appellant, v Lorraine Kerr, respondent, Mary Ann Daly, respondent-respondent. (Docket Nos. G-03730/03, G-03731/03 G-03732/03)
| SCHEDULING ORDER |
Appeal by Joseph Bruno from an order of the Family Court, Dutchess County, dated October 31, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until April 9, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9129
R/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2002-07632 In the Matter of Thomas Carvel, deceased. Thomas and Agnes Carvel Foundation, respondent-appellant; Pamela Carvel, et al., appellants-respondents, Robert M. Davis, et al., respondents-respondents, et al., respondents. (File Nos. 3285/90, 2165/98)
| DECISION & ORDER ON MOTION |
Motions by the appellant-respondent Leonard M. Ross and the appellant-respondent Pamela Carvel for leave to reargue appeals from a decree of the Surrogate's Court, Westchester County, entered July 8, 2002, which were determined by decision and order of this court dated December 29, 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 motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied, with one bill of $100 costs.
PRUDENTI, P.J., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9134
M/nal
|
2003-01470 In the Matter of Niena Cooper-Winfield, a/k/a Niena Winfield, respondent, v Herman Gary, appellant. (Docket No. O-01702/02)
| SCHEDULING ORDER |
Appeal by Herman Gary from an order of the Family Court, Kings County, dated January 13, 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 26, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9125
M/nal
|
2003-09165 In the Matter of Jackie DeCamp, respondent, v Brian DeCamp, appellant. (Docket No. F-07038/02)
| SCHEDULING ORDER |
Appeal by Brian DeCamp from an order of the Family Court, Suffolk County, dated June 27, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 15, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9127
M/nal
|
2003-10215 In the Matter of Jill DiGiacomo, respondent, v Nicholas DiGiacomo, appellant. (Docket No. F-1479/86)
| SCHEDULING ORDER |
Appeal by Nicholas DiGiacomo from an order of the Family Court, Suffolk County, dated October 1, 2003. By decision and order of this court dated March 11, 2004, the appellant's motion for assigned counsel in the above-entitled appeal was denied. 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) 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
M9139
E/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-07009 In the Matter of E and J Sylcox Realty, Inc., appellant, v Town of Newburgh Planning Board, et al., respondents. (Index No. 3828/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent Pilot Travel Centers, LLC, to enlarge the record on an appeal from a judgment of the Supreme Court, Orange County, dated August 6, 2003, to include certain documents.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9148
S/sl
|
2004-00789 In the Matter of Rollo French, appellant, v Anna French, respondent. (Docket No. F-04111/92)
| SCHEDULING ORDER |
ORDERED that the scheduling order of this court in the above-entitled matter dated March 16, 2004, is recalled and vacated, and the following scheduling order is substituted therefor:
Appeal by Rollo French from an order of the Family Court, Kings County, dated December 17, 2003. By decision and order of this court dated March 11, 2004, the appellant's motion for assigned counsel on the above-entitled appeal was denied. 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) 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
M9124
M/nal
|
2003-07547 In the Matter of Harry Hall, appellant, v Leroy Ladson, respondent. (Docket No. V-21712-02)
| SCHEDULING ORDER |
Appeal by Harry Hall from an order of the Family Court, Kings County, dated August 12, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 15, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9130
M/nal
|
2003-08806, 2003-08807 In the Matter of Quanel M. (Anonymous), appellant. (Docket Nos. D-09896/03, D-28030/02)
| SCHEDULING ORDER |
Appeals by the juvenile from two orders of the Family Court, Kings County, both dated September 2, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 12, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
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
M9135
M/nal
|
2003-06307 In the Matter of Dinah Picot, respondent, v Rovan Barrett, appellant. (Docket No. V-7143-00)
| SCHEDULING ORDER |
Appeal by Rovan Barrett from an order of the Family Court, Queens County, dated May 12, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and/or the law guardian to serve and file their briefs on the appeal is enlarged until March 31, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9131
M/nal
|
2003-10811 In the Matter of Cindy Sarah R. (Anonymous). Administration for Children's Services, respondent; Daisy R. (Anonymous), a/k/a Daisy L. (Anonymous), appellant. (Docket No. B-3854/02)
| SCHEDULING ORDER |
Appeal by Daisy R., a/k/a Daisy L. from an order of the Family Court, Richmond County, dated November 6, 2003. By decision and order on motion of this court dated March 12, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Richard L. Herzfeld, Esq.
555 Fifth Avenue - 14th Floor
New York, New York 10017
(212) 818-9019
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 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 March 12, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9004
K/cf
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-05742
In the Matter of Michael Xavier Savasuk, an attorney and counselor at law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Michael Xavier Savasuk has voluntarily submitted an affidavit dated June 24, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Savasuk was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 9, 1980. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Savasuk presently resides in Maine, practices law there and, under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Michael Xavier Savasuk, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Michael Xavier Savasuk is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Michael Xavier Savasuk is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York , (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice
in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if the resignor has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the resignor shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f).
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9163
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-10055 In the Matter of Ann Sullivan, etc., respondent; George K. (Anonymous), appellant.
(Index No. 500877/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 23, 2003.
Upon the stipulation of the attorneys for the respective parties, dated March 11, 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
M9126
M/nal
|
2004-00632 In the Matter of Alberto Valentin, appellant, v Luz Carrero, respondent. (Docket No. O-24783/03)
| SCHEDULING ORDER |
Appeal by Alberto Valentin from an order of the Family Court, Kings County, dated December 19, 2003. By decision and order on motion of this court dated March 11, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
David Bliven, Esq.
90- 50 Parsons Blvd. - Suite 401C
Jamaica, New York 11432
(718) 725-9600
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 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 March 11, 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
M9132
M/nal
|
2003-06075 In the Matter of Penny L. Whitman, appellant, v Kenneth B. Whitman, respondent. (Docket No. V-4152-98)
| SCHEDULING ORDER |
Appeal by Penny L. Whitman from an order of the Family Court, Suffolk County, dated June 30, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 12, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9113
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2000-03011 The People, etc., respondent, v Benancio DeJesus, appellant. (Ind. No. 99-01043)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered February 9, 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]).
PRUDENTI, P.J., RITTER, LUCIANO, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9111
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2003-07006
The People, etc., respondent, v Aaron Gams, appellant.
(Ind. No. 02-00609)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered January 29, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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:
John R. Lewis, Esq.
36 Hemlock Drive
Sleepy Hollow, New York 10591
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, LUCIANO, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 0679
Franklin Corr. Fac.
62 Bare Hill Road - Box 10
Malone, New York 12953
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENTM9141
E/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2004-01203 The People, etc., respondent, v Jay Raymond Satiro, appellant.
(Ind. No. 99-00638)
| 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 an amended judgment of the Supreme Court, Westchester County, rendered October 15, 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 or relation thereto, it is
ORDERED that the branch of the motion which is for an extension of time to take an appeal from the amended judgment is granted; and it is further,
ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal from the amended judgment; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal from the amended judgment as a poor person and for the assignment of counsel is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9112
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2003-01625
The People, etc., respondent, v Carlos Tores, a/k/a Carlos Torres, appellant.
(Ind. No. 2705-01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered January 14, 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:
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 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, LUCIANO, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 0504
Collins Corr. Fac.
Box 340
Collins, New York 14034