Appellate Division: Second Judicial Department
M23202
CF/
2005-02207 Maria Barrientos, et al., plaintiffs-respondents, v Robert Hasselgren, et al., defendants third- party plaintiffs-respondents; Flanagan's Carpentry Inc., third-party defendant-appellant. (Index No. 8287/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 28, 2005.
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ORDERED that the application is granted and the appeal is marked withdrawn.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 of the Court
Appellate Division: Second Judicial Department
M23173
S/sl
2004-07766, 2004-08682
Ira Berliner, appellant, v Mariann Berliner, respondent. (Index No. 2357/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two judgments of the Supreme Court, Westchester County, dated dated July 19, 2004, and July 20, 2004, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until May 3, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23189
C/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
2005-00826 Ira Berliner, appellant, v Mariann Berliner, respondent.
(Index No. 6107/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Westchester County, dated December 10, 2004, to disqualify the law firm of DelBello Donellan Weingarten Tartaglia Wise & Wiederkehr, LLP from representing the appellant on the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23162
O/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
2004-04729, 2004-04730 Monique Brutus, appellant, v Arden Hill Hospital, et al., respondents, et al., defendant. (Index No. 8357/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent Arden Hill Hospital, joined by the respondent Middletown Medical, P.C., and separate motion by the respondents Alex M. Joanow and Donald J. DeBrakeleer, to dismiss appeals from two orders of the Supreme Court, Orange County, dated April 2, 2004, and April 15, 2004, for failure to perfect.
Upon the papers filed in support of the motions and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motions are granted and the appeals are dismissed, without costs or disbursements.
COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23146
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
2005-02420 Joanne Candela, appellant, v George Kiel, respondent. (Index No. 5014/01)
| DECISION & ORDER ON MOTION |
Appeal by Joanne Candela from an order to show cause signed by the Supreme Court, Richmond County, on November 24, 2004.
Now, on the court's own motion, it is
ORDERED that the notice of appeal from the order to show cause is deemed to be a notice of appeal from an order of the same court dated February 2, 2005 (see CPLR 5512).
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23179
PL/sl
2004-07273 Rubia Idrees Chaudhry, appellant, v East Buffet & Restaurant, a/k/a East Bistro Café, et al., respondents. (Index No. 12167/01)
| ORDER ON APPLICATION |
Application by the respondents East Buffet & Restaurant and Maple Main Associates pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated June 10, 2004.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until May 27, 2005, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23185
CF/
2005-00520 D. David Cohen, appellant, v DHB Industries, Inc., et al., respondents. (Index No. 11160/03)
| 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 17, 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 of the Court
Appellate Division: Second Judicial Department
M23174
S/sl
2004-09273
Nelson Rosendo Cordova, et al., respondents, v 360 Park Avenue South Associates, et al., defendants third-party-plaintiffs appellants- respondents; Fortune Interior Dismantling Corp., third-party-defendant respondent- appellant. (Index No. 25109/02)
| 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 an order of the Supreme Court, Kings County, dated September 24, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until April 25, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23192
C/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
2004-09706 Bernadette Cugini, respondent, v Michelle Taxi, Inc., et al., appellants. (Index No. 12811/02)
| 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, Kings County, entered October 14, 2004. Cross motion by the respondent, inter alia, to dismiss the appeal on the ground, inter alia that it is without merit, or to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied, and it is further,
ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 22, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the cross motion is otherwise denied.
ADAMS, J.P., RITTER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23166
R/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
FRED T. SANTUCCI
STEVEN W. FISHER, JJ.
2004-03934, 2004-03935 Shaun Daniels, respondent, v Bovis Lend Lease, Inc., et al., appellants. (Index No. 28320/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to appeal to the Court of Appeals from a decision and order of this court, dated November 1, 2004, which determined appeals from a judgment of the Supreme Court, Queens County, dated March 25, 2004, and an order of the same court dated March 31, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., S. MILLER, SANTUCCI and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23177
S/sl
2004-08888
Joseph DePascale, et al., appellants, v Sulzer US Industries Holding, Inc., et al., respondents. (Index No. 48094/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated August 15, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 2, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23219
S/sl
2004-09250
Glenn Dennard, etc., et al., respondents, v Small World Center, Inc., appellant. (Index No. 22776/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated September 15, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 20, 2005, 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 of the Court
Appellate Division: Second Judicial Department
M23102
A/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
2004-06889 Diane Dupree, respondent, v Mackenzie Automatic Doors, Inc., appellant.
(Index No. 7151/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated February 17, 2004.
Upon the papers filed in support of the motion and upon the stipulation of the parties, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23193
CF/
2004-11130 Gabriel Ani Egwuonwu, etc., et al., respondents, v Evert Simpson, et al., appellants. (Index No. 11402/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated November 1, 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 of the Court
Appellate Division: Second Judicial Department
M23220
L/
BARRY A. COZIER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
PETER B. SKELOS, , JJ.
2004-00098
Wanda Fazioabreau, plaintiff-respondent, v NYRAC, Inc., et al., defendants-respondents, World Financial Properties, Inc., defendant third-party plaintiff-respondent, Spring Scaffolding, Inc., appellant; Calvert Insurance Company, third-party defendant-respondent.
(Index No. 572/99)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated December 3, 2003.
Upon the stipulation of the attorneys for the respective parties, dated March 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
COZIER, J.P., RITTER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23204
CF/
2004-10362 Gordon Fiero, et al., respondents, v Gregory Ciotti, et al., appellants. (Index No. 2/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated October 25, 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 of the Court
Appellate Division: Second Judicial Department
M23206
CF/
2005-00268 Stuart Golden, respondent, v Susan Golden, appellant. (Index No. 202987/03)
| 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 October 21, 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 of the Court
Appellate Division: Second Judicial Department
M23200
CF/
2005-00160 Thomas Jones, et al., respondents, v Nicholas DeBlasi, et al., appellants. (Index No. 14522/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 12, 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 of the Court
Appellate Division: Second Judicial Department
M23169
J/sl
2004-06267
Kyrstina Leha, et al., appellants, v Yonkers General Hospital, et al., respondents. (Index No. 18402/00)
| ORDER ON APPLICATION |
ORDERED that the orders on application of this court dated February 2, 2005, and March 7, 2005, respectively, in the above-entitled matter are amended by adding to the decretal paragraphs thereof, after the word "date" the words ";and it is further," and by adding thereto the following decretal paragraph:
"ORDERED that the appellants' reply brief shall be served and filed on or before April 12, 2005."
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23207
CF/
2004-11035 Pauline Louzar, et al., respondents. v Jeffrey Irving, et al., appellants. (Index No. 20281/02)
| 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 5, 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 of the Court
Appellate Division: Second Judicial Department
M23186
CF/
2004-08288 Eunice Lynch, et al., respondents, v Melville Industrial Associates, appellant. (Index No. 38622/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 16, 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 of the Court
Appellate Division: Second Judicial Department
M23197
CF/
2004-10108 Jacob Mani, respondent, v Nicholas Milani, et al., defendants, South Orangetown Central School District, appellant. (Index No. 1512/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated November 3, 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 of the Court
Appellate Division: Second Judicial Department
M23175
O/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
2003-06071 Patricia Mendoza, respondent, v Allstate Insurance Company, appellant. (Index No. 35526/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, dated June 27, 2003, which was determined by decision and order of this court dated December 27, 2004, 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.
S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23181
PL/sl
2004-05583 Markiel Mullokandov, appellant, v Joan R. Nicholas, et al., respondents. (Index No. 017970/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 21, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 23, 2005, 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 of the Court
Appellate Division: Second Judicial Department
M23205
CF/
2004-08454 Samuel Naranjo, etc., et al., appellants, v Lindy's Smoke Shop, et al., respondents. (Index No. 24919/99)
| 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 December 15, 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 of the Court
Appellate Division: Second Judicial Department
M23165
O/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
FRED T. SANTUCCI
PETER B. SKELOS, JJ.
2003-05672 Judith Penn, appellant, v Fleet Bank, et al., respondents. (Index No. 8583/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated May 16, 2003, which was determined by decision and order of this court dated November 22, 2004, 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.
SCHMIDT, J.P., ADAMS, SANTUCCI and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23075
PL/sl
2004-09479 Maureen Penna, appellant, v Federal Insurance Company, et al., respondents. (Index No. 12348/02)
| ORDER ON APPLICATION |
Application by the respondent Safe Harbor Group, Ltd. 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, Nassau County, dated
August 30, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 11, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23176
O/sl
HOWARD MILLER, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN, JJ.
2003-11318, 2004-02683 Ping Lee, appellant, v City of New York, et al., respondents. (Index No. 22680/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, inter alia, to recall and vacate a decision and order of this court dated January 12, 2005, dismissing appeals from a judgment of the Supreme Court, Queens County, entered November 12, 2003, and an order of the same court entered February 11, 2004, for failure to perfect the same in accordance with the rules of this court, to reinstate the appeals, and to enlarge the time to perfect the appeals.
Upon the paper filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23201
CF/
2004-09972 Shlima Pritsker, et al., respondents, v New York City Transit Authority, et al. appellants. (Index No. 15006/99)
| 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 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 of the Court
Appellate Division: Second Judicial Department
M23164
O/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
FRED T. SANTUCCI
STEVEN W. FISHER, JJ.
2004-04395 Realty Equity Holdings 3820, LLC, respondent, v PJ Alizio Realty, Inc., appellant. (Index No. 21321/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated April 20, 2004, which was determined by decision and order of this court dated December 13, 2004.
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.
COZIER, J.P., S. MILLER, SANTUCCI and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23151
R/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
2004-05887 Al Reich, respondent-appellant, v Realty Quest Brokerage Corp., et al., respondents; Jonathan Einhorn, nonparty appellant-respondent. (Index No. 30485/93)
| DECISION & ORDER ON MOTION |
Appeal by the nonparty appellant-respondent from an order of the Supreme Court, Kings County, dated July 18, 2003, and cross appeal by the respondent-appellant from the same order. By order on application dated February 4, 2005, the parties and nonparty appellant-respondent or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the grounds that the appellant-respondent (a) is not aggrieved by the order (see Matter of Meadowdale Assocs v Planning Bd. Of Town of Colonie, 70 NY2d 669; Alberi v Rossi, 117 AD2d 574) or (2) waived appellate review of the order by accepting reimbursement of the subject deposit (see Matter of Silverman, 305 NY 13; Carmichael v General Elec. Co., 102 AD2d 838), and the application by the nonparty appellant-respondent to enlarge the time to perfect the appeal was held in abeyance in the interim.
On the court's own motion, upon the papers filed in support of the application and upon the papers filed in response thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant-respondent is not aggrieved by the order is referred to the bench hearing the appeal for determination upon the argument or submission thereof, and the motion is otherwise denied; and it is further,
ORDERED that the application is granted, and the appellant-respondent's time to perfect the appeal is enlarged until May 9, 2005, and the record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ADAMS, J.P., RITTER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23198
CF/
2004-06953 Andreas Skouras, respondent, v Jonel A. Joseph, et al., appellants. (Index No. 36647/02)
| 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 April 30, 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 of the Court
Appellate Division: Second Judicial Department
M23199
CF/
2005-00129 Soo Hak Chin, appellant, v Se Hee Chin, respondent. (Index No. 22191/04)
| 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 December 8, 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 of the Court
Appellate Division: Second Judicial Department
M23190
CF/
2005-00861 Evelyn Townsend, respondent, v Federated Department Stores, Inc., a/k/a Macy's, et al., appellants. (Index No. 13110/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated December 22, 2004.
Upon the stipulation of the parties, dated March 17, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23161
O/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
2003-06156 2001 Commerce Street Corp., appellant, v Star Enterprise, et al., respondents. (Index No. 18956/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered June 19, 2003, which was determined by decision and order of this court dated January 10, 2005, 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.
SCHMIDT, J.P., SANTUCCI, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23184
CF/
2004-06508 Ada Williams, respondent, v James Brooks, et al., defendants, Christopher Brooks, appellant. (Index No. 3598/00)
| 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 May 5, 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 of the Court
Appellate Division: Second Judicial Department
M23147
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
2005-02240 In the Matter of Nicholas A. (Anonymous), appellant. (Docket No. D-04974-04)
| DECISION & ORDER ON MOTION |
Appeal by Nicholas A. from a fact-finding order of the Family Court, Nassau County, dated February 17, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112).
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23144
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
2005-02107 In the Matter of Kim Altern, appellant, v Igor Altern, respondent. (Docket No. O-00004-05)
| DECISION & ORDER ON MOTION |
Appeal by Kim Altern from an order of the Supreme Court, Nassau County, dated January 18, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appellant (see CPLR 5511).
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23159
E/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
2005-01145 In the Matter of Bryant Brown, petitioner, v Brian Fischer, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).
The allegations of merit contained in the petitioner's affidavit in support of the motion for permission to proceed as a poor person fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
ADAMS, J.P., RITTER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23142
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
2005-02241 In the Matter of Sonia E. Cordova, appellant, v Teepu S. Khan, respondent. (Docket Nos. V-5978-04, V-5979-04)
| DECISION & ORDER ON MOTION |
Appeal by Sonia E. Cordova from an order of the Family Court, Nassau County, dated February 4, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112).
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23217
M/nal
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
WILLIAM A. MASTRO
REINALDO E. RIVERA, JJ.
2004-10984 In the Matter of Robert Dettling, respondent, v Dora Dettling, appellant. (Docket No. F-736-01)
| SCHEDULING ORDER |
Appeal by Dora Dettling from an order of the Family Court, Suffolk County, dated November 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 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 May 9, 2005; and it is further,
ORDERED that no further enlargement of time shall be granted.
ADAMS, J.P., RITTER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23203
CF/
2005-01215 In the Matter of Dream Designs & Drafting, Inc., respondent, v Four Decades Contracting, Inc., appellant. (Index No. 12523/04)
| 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 January 21, 2005.
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 of the Court
Appellate Division: Second Judicial Department
M23180
O/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
2004-05903 In the Matter of Jeffrey Glinka, respondent, v Town of Poughkeepsie, appellant. (Appeal No. 1) (Index No. 287/04) 2005-01110 In the Matter of Jeffrey Glinka, respondent, v Town of Poughkeepsie, appellant. (Appeal No. 2) (Index No. 3074/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, dated June 3, 2004 (Appellate Division Docket No. 2004-05903), and to consolidate the appeal with an appeal from a judgment of the same court dated December 21, 2004 (Appellate Division Docket No. 2005-01110).
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 branch of the motion which is to enlarge the time to perfect the appeal from the judgment dated June 3, 2004, is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal from the judgment dated June 3, 2004, is enlarged until May 9, 2005, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is granted to the extent that the appellant may perfect the appeals on one record and brief, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the parties shall file 10 copies of the record and their respective briefs.
H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23170
C/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
2005-01982 In the Matter of Kitson & Kitson, etc., petitioner, v City of Yonkers, et al., respondents, et al., intervenors. (Proceeding No. 1) (Index No. 18747/01) In the Matter of Lawrence H. Bloom, appellant, v City of Yonkers Police Officer Vincent Starkey, et al., respondents. (Proceeding No. 2) (Index No. 11714/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Westchester County, entered February 25, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., FLORIO, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23148
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
2005-01296 In the Matter of Rohan McM. (Anonymous), appellant. (Docket No. D-3825-04)
| DECISION & ORDER ON MOTION |
Appeal by Rohan McM. from a fact-finding order of the Family Court, Queens County, dated November 29, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112).
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23168
O/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
2005-00858 In the Matter of Roslyn Nieves-Ford, respondent, v Michael Gordon, appellant. (Docket No. F-524-96)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated December 23, 2004, as a poor person, and for the assignment of counsel, and cross application by the respondent to direct the appellant to pay her counsel fees in responding to the appeal.
Upon the papers filed in support of the motion and the cross application, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to proceed on the original papers is denied as unnecessary (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and to assign counsel are denied; and it is further,
ORDERED that the application is denied without prejudice to making a formal motion for the same relief (see CPLR 80022).
H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23172
O/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
2003-07023 In the Matter of Shivaji Pathak, respondent, v New York State Division of Human Rights, et al., appellants. (Index No. 26490/01)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-respondent for leave to reargue an appeal from a judgment of the Supreme Court, Suffolk County, dated June 30, 2003, which was determined by decision and order of this court dated December 27, 2004, 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.
FLORIO, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial DepartmentM23196
CF/
2004-11300
In the Matter of Suffolk County Child Protective Services, o/b/o Kevin S. (Anonymous), petitioner- respondent; Dorothy S. (Anonymous), respondent- respondent; Janis M. Noto, nonparty-appellant. (Proceeding No. 1) In the Matter of Suffolk County Child Protective Services, o/b/o Michael S. (Anonymous), petitioner- respondent; Dorothy S. (Anonymous), respondent- respondent; Janis M. Noto, nonparty-appellant. (Proceeding No. 2) In the Matter of Suffolk County Child Protective Services, o/b/o Joseph S. (Anonymous), petitoner- respondent; Dorothy S. (Anonymous), respondent- respondent; Janis M. Noto, nonparty-appellant. (Proceeding No. 3) (Docket Nos. N 965-03, N 966-03, N 967-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the nonparty-appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated December 15, 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 of the Court
Appellate Division: Second Judicial Department
M23195
CF/
2004-09979 In the Matter of Andrine Swensen, appellant, v Randall W. Richter, respodent. (Index No. 3506/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 21, 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 of the Court
Appellate Division: Second Judicial Department
M23149
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
2005-02330
In the Matter of Robert Brian Turnure, respondent, v Debbie DeLuca Turnure, appellant. (Docket Nos. V-15560/03, V-15570/03, V-15571/03, V-15620/03, V-15621/03, V-15622/03)
| ORDER TO SHOW CAUSE |
Appeal by Debbie DeLuca Turnure from an order of the Family Court, Westchester County, dated February 14, 2005.
Now, on the court's own motion, it is
ORDERED that the parties or their attorneys show cause before this court why an order should not be made and entered dismissing this appeal on the ground that the order was entered upon the default of the appellant (see CPLR 5511), by each filing an affirmation on that issue in the office of the Clerk of this court on or before April 15, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the attorneys for the respective parties.
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23120
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
2005-01103
The People, etc., respondent, v Errol Bryan, appellant. (Ind. No. 93-00722)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Westchester County, rendered January 12, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (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.
ADAMS, J.P., RITTER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23109
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
2002-05730 The People, etc., respondent, v Jason DeLeon, appellant. (Ind. No. 01-00847)
| 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, Westchester County, rendered June 5, 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 opposition 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 adv ise the appellant of the date by which the minutes are to be returned and the brief filed.
H. MILLER, J.P., COZIER, GOLDSTEIN, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
02 A 3502
Auburn Corr. Fac.
Box 618
Auburn, New York 13024
Appellate Division: Second Judicial Department
M23105
A/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
2002-06558 The People, etc., respondent, v Arnold Fordham, appellant.
(Ind. No. 288/02)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered July 3, 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 the appellant's supplemental pro se brief that was submitted to the Clerk of this court is accepted for filing.
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22660
Y/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
2003-11077 The People, etc., respondent, v George Gouvatsos, appellant. (Ind. No. 3758/02)
| 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 reargue a prior motion for leave prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered October 28, 2003, as a poor person, and for the assignment of counsel, which was determined by decision and order of this court dated July 28, 2004.
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 upon reargument, the prior motion is granted, and 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:
Leon Tracy, Esq.
366 N. Broadway, Suite 410 - D9
Jericho, New York 11753-2826
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.
FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03-A-5903
Downstate Corr. Fac.
Box F
Fishkill, N.Y. 12524
Appellate Division: Second Judicial Department
M23158
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
2004-10169
The People, etc., respondent, v Oriley Grayson, appellant. (Ind. No. 2683/03)
| 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, Nassau County, rendered November 18, 2004, 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 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 and 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.
H. MILLER, J.P., COZIER, GOLDSTEIN, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 6230
Five Points Corr. Fac.
Box 119
Romulus, New York 14541
Appellate Division: Second Judicial Department
M23157
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
2005-01508
The People, etc., respondent, v Daryl P. Hankins, appellant. (Ind. No. 2592/04)
| 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, Nassau County, rendered January 31, 2005, 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 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 and 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 Geduldig, Esq.
400 S. Oyster Bay Road - Suite 304
Hicksville, New York 11801
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.
ADAMS, J.P., RITTER, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
Please make inquiry to the State Inmate Locator
New York State Department of Correctional Services
Telephone: (518) 457-0043
Appellate Division: Second Judicial Department
M23156
F/
HOWARD MILLER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
2004-07500
The People, etc., respondent, v Garfield Jenkins, appellant. (Ind. No. 03-00904)
| 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, Orange County, rendered August 16, 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 or in relation thereto, it is
ORDERED 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 and 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:
Michael G. Paul, Esq.
121 High Street
Metuchen, New Jersey 08840
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.
H. MILLER, J.P., RITTER, KRAUSMAN, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 4513
Upstate Corr. Fac.
Box 2001
Malone, New York 12953
Appellate Division: Second Judicial Department
M23113
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
2005-01104
The People, etc., plaintiff, v Reginald Lloyd, defendant. (Ind. No. 1791/03)
| 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 February 24, 2004, 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.
H. MILLER, J.P., COZIER,GOLDSTEIN, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 1238
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M23116
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
2004-08553 The People, etc., respondent, v Raymond Martinez, appellant.
(Ind. No. 03-00990)
| DECISION & ORDER ON MOTION |
Renewed 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 County Court, Orange County, rendered August 17, 2004, and 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 branch of the motion which is to extend the time to take the appeal 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 branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income.
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23187
O/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
2004-03369 The People, etc., respondent, v Rodney McCallop, appellant.
(Ind. No. 03-01566)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered March 15, 2004, and cross motion by the respondent to dismiss the appeal on the ground that the appellant is not amenable to the jurisdiction of the court.
Upon the papers filed in support of the motion and the cross motion, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion and the cross motion are dismissed without prejudice to moving for the same relief upon proof of service of the motion papers upon the appellant at his last known address (see CPL 470.60[2]).
H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23167
O/sl
ANITA R. FLORIO, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN, JJ.
1995-01113 The People, etc., respondent, v Chandran Nathan, appellant. (Ind. No. 84992)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered January 4, 1995, to clarify a decision and order of this court dated February 20, 1996, which determined the appeal (see People v Nathan 224 AD2d 640).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., SANTUCCI, KRAUSMAN and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23155
F/
HOWARD MILLER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
2004-10386
The People, etc., respondent, v Dwayne Nichols, appellant. (Ind. No. 03-00477)
| 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, Orange County, rendered November 1, 2004, 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 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 and 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:
Michael G. Paul, Esq.
121 High Street
Metuchen, New Jersey 08840
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.
H. MILLER, J.P., RITTER, KRAUSMAN, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 5941
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M23125
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
2002-09349 The People, etc., respondent, v Alan J. Petnuch, appellant. (S.C.I. No. 00-00206)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from an amended judgment of the County Court, Westchester County, rendered August 22, 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 the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
ADAMS, J.P., RITTER, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21641
Y/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
2000-06440, 2000-06441 The People, etc., respondent, v Delano Sedney, appellant. (Ind. Nos. 1707/95, 3666/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two judgments of the Supreme Court, Queens County, both rendered June 23, 2000, which were determined by decision and order of this court dated April 19, 2004, in effect, to relieve counsel assigned to prosecute the appeal and to assign him new counsel to make any motions deemed appropriate with respect to the decision and order of this court dated April 19, 2004, and/or a motion in the Court of Appeals for leave to reargue his prior pro se motion for leave to appeal to that court from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, Walter Murawinski, Esq., is relieved from representing the appellant and the following attorney is assigned to represent the appellant in accordance with the above stated purposes:
Randall D. Unger, Esq.
42-40 Bell Blvd., Suite 302
Bayside, New York 11361
and it is further,
ORDERED that assigned counsel shall serve a copy of this order on the Clerk of the Supreme Court, Queens County.
PRUDENTI, P.J., RITTER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23122
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
2005-00939 The People, etc., respondent, v Floyd Stevenson, appellant. (Ind. No. 1437-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered December 23, 2004, 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 (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.
ADAMS, J.P., RITTER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23112
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
2004-00130 The People, etc., respondent, v Earl Wilson, appellant. (Ind. No. 6998/02)
| 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 December 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.
H, MILLER, J.P., COZIER, GOLDSTEIN, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court