03-30-2004_MOTION

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MOTION DECISIONS FOR MARCH 30, 2004

TITLE	Case Number
Amaxes v Newmark & Company Real Estate, Inc.	2004-02417
Biondo v Standard Fire Insurance Company	2003-08531
Cruciata v Cruciata	2003-06451 + 1
Diel v Rosenfeld	2003-07565
Fevelo v Amboy-Seguine Associates	2003-10528
Gabriel v Dharaj	2004-01225
Galletta v Snapple Beverage Corp.	2003-09033
General Electric Capital Corp. v Air Ration N	2003-09081
Gottlieb v Gurrieri	2003-10900
Heier v New York Medical College	2003-08752
Interbay Funding, LLC v Baptiste	2004-00656
Jacobs v Mostow	2003-09473
Kassas v Archdiocese of New York	2003-11255
Logan v Condon	2003-09023
Mannocchi v Mannocchi	2003-10914
Nielsen v Joseph	2003-06338 + 1
Pynn v City of New York	2003-06764
Sombai v Royal Waste Services, Inc.	2004-00138
Weinstein & Weinstein v Hamman	2003-11051
Zapulla v Yung Wong	2003-07403
Mtr of A. (Anonymous), Wagas	2004-00620
Mtr of Buy Buy Baby, Inc. v L. Simon Corporat	2003-04443
Mtr of C. (Anonymous), Joseph-Michael	2003-00140 + 1
Mtr of Crockett v State of New York Departmen	2003-09153
Mtr of Exum v Lippman	2002-06609
Mtr of Feiden; Grievance Committee for the	2003-10028
Mtr of G. (Anonymous) v G. (Anonymous)	2003-11034
Mtr of Gentile v Jahnsen	2004-02220
Mtr of Keenan v Keenan	2004-02297
Mtr of Kondratyeva v Yapi	2003-09820
Mtr of L. (Anonymous), Lincoln Joshua	2003-09934
Mtr of L. (Anonymous), Talisha	2002-09602
Mtr of Lane v Lane	2003-09912
Mtr of Martin v Martin	2003-07824
Mtr of Miller; Grievance Committee	2002-05270
Mtr of New York Central Mutual Fire Insurance	2003-08846
Mtr of S. (Anonymous), Heather	2003-10154 + 2
Mtr of T. (Anonymous), Dyshea	2003-09323
Mtr of Wahlberg v Rudden	2003-04868
Mtr of Z. (Anonymous), Jonathan	2003-06321 + 1
Mtr of Zullo v Hom	2003-10500 + 5
Peo v Arthur, Garry	2004-00595
Peo v Baez, Salvador	2002-04954
Peo v Benavides, Victor	2003-04638
Peo v Boyd, Sean	1999-09924
Peo v Cherry, Gamel	2003-07504
Peo v Jackman, Timothy	2001-04797
Peo v Jackson, Dwight	2004-01594
Peo v Jones, Clarence C.	2002-07565 + 1
Peo v Maldonado, Angel	2003-04314 + 1
Peo v Manson, Thurman	2002-02612
Peo v Nitti, Frank	2002-06561
Peo v Palmer, Lamarr	2000-09671
Peo v Rivera, Robert	2003-08544
Peo v Rodriguez, Felix	2001-08027
Peo v Sanchez, Nathan	2004-00081
Peo v Tillman, Raymond	2002-04792
Peo v Tuten, Arthur	2003-10962

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9565

R/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2004-02417
Ioannis Amaxes, et al., respondents, v
Newmark & Company Real Estate, Inc., et al.,
defendants third-party and second third-party
plaintiffs-appellants; Old Town Construction
Corp., et al., third-party defendants-respondents;
Mage Electric, second third-party defendant-
respondent.

(Index No. 17765/99)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings, including the trial, in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 4, 2003.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 30, 2004; and it is further

ORDERED that in the event the appeal is not perfected on or before April 30, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

H. MILLER, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9603

CF/

2003-08531
Peter Biondo, et al., respondents, v
Standard Fire Insurance Company, appellant.
(Index No. 9092/97)

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 August 11, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9602

E/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-06451, 2004-00477

Peter Cruciata, respondent,
v Josephine Dalila Cruciata, appellant.
(Action No. 1)
(Index No. 5676/01)
Josephine Dalila Cruciata, appellant,
v Peter Cruciata, respondent.
(Action No. 2)
(Index No. 5145/01)

DECISION & ORDER ON MOTION
Motion To Dismiss Appeal

Motion by the respondent on appeals from two orders of the Supreme Court, Richmond County, dated May 29, 2003, and December 15, 2003, respectively, to dismiss the appeal from the order dated December 15, 2003, on the ground that the appellant failed to serve the Law Guardian with the notice of appeal.

Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the notice of appeal is deemed served on the Law Guardian.

ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9628

J/sl

2003-07565
Elfriede Diel, appellant,
v Gail Rosenfeld, respondent.
(Index No. 2572/02)

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, Dutchess County, dated July 16, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 5, 2004, and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent must serve and file her brief on or before May 10, 2004.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9610

CF/

2003-10528
Joseph Fevelo, et al., respondents,
v Amboy-Seguine Associates, defendant,
CVS Revco DS, Inc., et al., appellants.
(Index No. 13899/99)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated September 22, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9611

CF/

2004-01225
Jean Gabriel, respondent, v Jonathan A.
Dharaj, defendant, Ford Credit Titling
Trust, appellant.
(Index No. 44064/00)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 17, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9594

S/sl

2003-09033
Paul Galletta, appellant, v
Snapple Beverage Corp., respondent.
(Index No. 28211/01)

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 June 27, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 7, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9638

CF/

2003-09081
General Electric Capital Corp., respondent,
v Air Ration No Frills Cesspool, Inc., et al.,
appellants.
(Index No. 10695/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 25, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9632

CF/

2003-10900
Howard Gottlieb, respondent, v
James Gurrieri, et al., appellants.
(Index No. 17108/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a so ordered transcript of the Supreme Court, Nassau County, dated November 3, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9633

CF/

2003-08752
Stephen K. Heier, etc., et al., appellants, v
New York Medical College, et al., respondents.
(Index No. 5584/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 27, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9635

CF/

2004-00656
Interbay Funding, LLC, etc., respondent,
v Brandon Baptiste, et al., defendants,
Margaret Gittens, appellant.
(Index No. 16873/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 10, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9583

S/sl

2003-09473
David B. Jacobs, appellant, v
Michael H. Mostow, et al., respondents.
(Index No. 01/004162)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated August 20, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 16, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9637

CF/

2003-11255
Sandra Kassas, et al., plaintiffs-respondents,
v Archdiocese of New York, et al., defendants-
respondents, Michael Bellantoni, Inc., appellant.
(Index No. 2116/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 27, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9591

S/sl

2003-09023
Ayana Logan, etc., respondent, v
Edward Condon, P.C., etc., et al., defendants,
Gerald Deas, etc., appellant.
(Index No. 8388/95)

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 August 13, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 25, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9613

CF/

2003-10914
Stephen Mannocchi, respondent, v
Elizabeth Mannocchi, appellant.
(Index No. 5469/02)

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, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9640

CF/

2003-06338, 2003-06339
Thelma Nielsen, respondent,
v Prisca B. Joseph, appellant.
(Index No. 14314/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw appeals from an order of the Supreme Court, Nassau County, dated June 10, 2003, and a judgment of the same court dated June 30, 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 appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT M9463

E/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2003-06764
Priscilla Pynn, plaintiff-respondent, v City of
New York, et al., appellants, MTL Realty, LLC,
et al., defendants-respondents
(Index No. 3283/00)

DECISION & ORDER ON MOTION

Motion by the appellant NBS, LLC, to enlarge the time of all appellants to perfect appeals from an order of the Supreme Court, Kings County, dated June 25, 2003.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appellants' time to perfect their respective appeals is enlarged until June 1, 2004, and the joint record or joint appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date (see 22 NYCRR 670.8[c]); and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the respondents and any other party, if they be so advised, in response to the appeals from those portions of the order which denied the motion and cross motions to dismiss the cross claims, shall serve and file their respective briefs on or before July 6, 2004; and it is further,

ORDERED that the appellants shall serve and file their reply briefs on or before July 21, 2004.

RITTER, J.P., GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9631

CF/

2004-00138
Roland Sombai, respondent, v Royal
Waste Services, Inc., et al., appellants.
(Index No. 9629/02)

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 10, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9636

CF/

2003-11051
Weinstein & Weinstein, respondent, v
Helga Hamman, appellant.
(Index No. 17528/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 28, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9634

CF/

2003-07403
Thomas Zapulla, respondent, v
Yung Wong, et al., appellants.
(Index No. 23400/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 3, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9570

M/nal

2004-00620
In the Matter of Wagas A. (Anonymous).
Suffolk County Department of Social Services,
respondent; Najabat A. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Almas A. (Anonymous).
Suffolk County Department of Social Services,
respondent; Najabat A. (Anonymous), appellant.
(Proceeding No. 2)
In the Matter of Faisa A. (Anonymous).
Suffolk County Department of Social Services,
respondent; Najabat A. (Anonymous), appellant.
(Proceeding No. 3)
In the Matter of Maryah A. (Anonymous).
Suffolk County Department of Social Services,
respondent; Najabat A. (Anonymous), appellant.
(Proceeding No. 4)
In the Matter of Ikhas A. (Anonymous).
Suffolk County Department of Social Services,
respondent; Najabat A. (Anonymous), appellant.
(Proceeding No. 5)
(Docket Nos. N-10152/03, N-10153/03,
N-10154/03, N-10155/03, N-10156/03)

ORDER TO SHOW CAUSE

Appeal by Najabat A. from an order of the Family Court, Suffolk County, dated November 18, 2003. By scheduling order dated January 28, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with the scheduling order dated January 28, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before April 15, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9624

E/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2003-04443
In the Matter of Buy Buy Baby, Inc.,
respondent, v L. Simon Corporation, appellant.
(Index No. 14010/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered April 7, 2003.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted to the extent that the appellant's time to perfect the appeal is enlarged until April 29, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

H. MILLER, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9567

M/nal

2003-00140, 2003-00142
In the Matter of Joseph-Michael C. (Anonymous). Suffolk County
petitioner-respondent; Dawn C. (Anonymous),
appellant, et al., respondents.
(Proceeding No. 1)
In the Matter of Penelope-Lynn C. (Anonymous).
Suffolk County Department of Social Services,
petitioner-respondent; Dawn C. (Anonymous),
appellant, et al., respondents.
(Proceeding No. 2)
(Docket Nos. B-5465-02, B-5466-02,
B-5467-02, B-5468-02)

SCHEDULING ORDER
Department of Social Services,

Appeals by Dawn C. from two orders of the Family Court, Suffolk County, dated December 2, 2002, and December 18, 2002, respectively. 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 appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until April 29, 2004.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9607

CF/

2003-09153
In the Matter of Gregory A. Crockett,
petitioner, v State of New York Department
of Motor Vehicles, respondent.
(Index No. 9282/03)

ORDER ON APPLICATION
Withdraw Proceeding on Stipulation

Proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Queens County, dated October 3, 2003.

Upon the stipulation of the parties, dated March 25, 2004, it is

ORDERED that the proceeding is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9601

A/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2002-06609
In the Matter of William R. Exum, petitioner,
v Jonathan Lippman, etc., respondent.
(Index No. 14328/01)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to reargue a proceeding pursuant to CPLR article 78, which was determined by decision and judgment of this court dated December 1, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and judgment 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.

ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9655

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

GLORIA GOLDSTEIN, JJ.

2003-10028

In the Matter of Scott B. Feiden,
admitted as Scott Bruce Feiden,
an attorney and counselor-at-law.
Grievance Committee for the Ninth Judicial
District, petitioner; Scott B. Feiden, respondent.

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District (1) pursuant to 22 NYCRR 691.4(l)(1)(i) and (iii) to suspend the respondent from the practice of law, upon a finding that he is guilty of conduct immediately threatening the public interest based on his failure to cooperate with the Grievance Committee and uncontroverted evidence of professional misconduct and (2) for authorization to institute and prosecute a disciplinary proceeding against him. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 13, 1988, under the name Scott Bruce Feiden.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in response thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(i) only, the respondent, Scott B. Feiden, admitted as Scott Bruce Feiden, is immediately suspended from the practice of law in the State of New York, pending further order of this court; and it is further,

ORDERED that Scott B. Feiden shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,

ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Scott B. Feiden, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED the the Grievance Committee for the Ninth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court against the respondent; and it is further,

ORDERED that Gary L. Casella, Chief Counsel to the Grievance Committee for the Ninth Judicial District, 399 Knollwood Road, Suite 200, White Plains, N.Y. 10603, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that within 30 days after its receipt of this decision and order on motion, the petitioner shall serve a petition upon the respondent and the Special Referee, and shall file a copy of the same in the office of the Clerk of this court; and it is further,

ORDERED that within 10 days after service upon him of a petition, the respondent shall serve an answer upon the petitioner and the Special Referee, and shall file a copy of the same in the office of the Clerk of this court; and it is further,

ORDERED that the issues raised by the petition and answer are referred to the Honorable William C. Thompson, a retired Associate Justice of the Appellate Division, Second Judicial Department, c/o Ross & Hill, P.C., 16 Court Street, Suite 2403, Brooklyn, N.Y. 11201, as Special Referee to hear and report.

We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based upon his failure to answer two complaints and his failure to submit requested information in connection with a third complaint.

The Grievance Committee opened a sua sponte complaint against the respondent based on notification from the Lawyers' Fund for Client Protection that a check in the amount of $48,200, drawn on the respondent's escrow account, was presented for payment on August 20, 2002, and returned due to unavailable funds.

By letter dated September 13, 2002, the respondent was advised of the sua sponte complaint and asked to submit an answer thereto within 20 days. The respondent submitted an answer in which he maintained that the check in question had been dishonored as a result of the bank's failure to credit a deposit. He also submitted copies of his bookkeeping records for the six-month period preceding the check's dishonor.

An accounting was prepared based on the records submitted by the respondent. He was subsequently asked to submit additional information regarding various withdrawals from the account, among other things. He submitted a partial response in which he attributed most of the withdrawals to fees. To date, he has not fully responded to the Grievance Committee's request for additional information.

The Grievance Committee opened another sua sponte complaint against the respondent based on notification from the Lawyers' Fund for Client Protection that a check in the amount of $30,650, drawn on the respondent's escrow account, was presented for payment on June 9, 2003, and returned due to insufficient funds.

By letter dated July 22, 2003, the respondent was advised of the sua sponte complaint and asked to submit an answer thereto within 20 days. The letter, which was sent by both regular and certified mail, return receipt requested, was signed for by Larraine Feiden on July 25, 2003. The respondent failed to submit an answer. By letter dated August 5, 2003, the Grievance Committee was advised that the respondent had retained counsel, and the Grievance Committee granted him an extension of time until the end of August 2003 to submit an answer. The respondent failed to submit an answer to the second sua sponte complaint despite repeated assurances from his counsel that he would do so.

The Grievance Committee received a complaint from Diane BonGiovanni and Joseph BonGiovanni in which they alleged that the respondent, inter alia, had failed to account for funds with which he was entrusted in connection with his representation of them.

By letter dated September 9, 2003, the complaint was sent to the respondent, and he was asked to submit an answer thereto within 10 days. No response was received. By letter dated October 8, 2003, a second copy of the complaint was sent to the respondent by certified mail, return receipt requested. The certified letter was signed for on October 10, 2003. To date, no response has been received.

In view of the foregoing, the Grievance Committee's motion is granted, without opposition. The respondent is immediately suspended from the practice of law based on his failure to cooperate with the Grievance Committee's investigation, and the Grievance Committee is authorized to institute and prosecute a disciplinary proceeding against him; and it is further,

ORDERED that if Scott B. Feiden, admitted as Scott Bruce Feiden, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and Scott B. Feiden, admitted as Scott Bruce Feiden, shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10 (f).

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9529

Y/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-11034
In the Matter of Rachael G. (Anonymous),
etc., petitioner, v Radames G. (Anonymou
Jr., respondent.
(Proceeding No. 1)
(Docket No. O-18003/02)
In the Matter of Davin G. (Anonymous).
Administration for Children's Services,
appellant; Radames G. (Anonymous),
respondent.
(Proceeding No. 2)
(Docket No. N-1850/03)
In the Matter of Daniel G. (Anonymous).
Administration for Children's Services,
appellant; Radames G. (Anonymous),
respondent.
(Proceeding No. 3)

(Docket No. N-1851/03)

DECISION & ORDER ON MOTION

s),

Motion by the Administration for Children's Services, the appellant in Proceeding Nos. 2 and 3, on appeals from an order of the Family Court, Queens County, dated December 16, 2003, as amended December 17, 2003, to amend so much of a prior decision and order on motion of this court dated February 11, 2004, as conditioned the grant of her prior motion, inter alia, to stay enforcement of the order upon the perfection of the appeal on or before March 3, 2004.

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 decision and order on motion of this court dated February 11, 2004, is amended by deleting from the first and second decretal paragraphs thereof the date "March 3, 2004," and substituting therefor the date "April 30, 2004".

RITTER, J.P., SANTUCCI, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9604

CF/

2004-02220
In the Matter of Steven Gentile, respondent,
v Susan Jahnsen, appellant.
(Docket No. V-2015-01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated March 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

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9647

R/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2004-02297

In the Matter of Eileen M. Keenan, respondent,
v James E. Keenan, Jr., appellant.

(Docket No. F-919-01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated March 8, 2004, as a poor person, for the assignment of counsel, 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 branch of the motion which is to stay enforcement of the order pending hearing and determination of the appeal is denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order as a poor person and for the assignment of counsel is denied, with leave to renew on or before April 30, 2004, upon proper papers establishing that the appellant is entitled to poor person relief (see CPLR 1101).

H. MILLER, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9566

M/nal

2003-09820
In the Matter of Tatyana Kondratyeva, respondent,
v Joseph L. Yapi, appellant.
(Docket No. F-04378/02)

SCHEDULING ORDER

Appeal by Joseph L. Yapi from an order of the Family Court, Kings County, dated September 25, 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 May 25, 2004.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9643

R/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2003-09934
In the Matter of Lincoln Joshua L. (Anonymous).
Child Welfare Administration-Queens, petitioner-
respondent; Vivian Mc. (Anonymous), appellant,
et al., respondents.
(Docket No. N-15997/00)

DECISION & ORDER ON MOTION

Appeal by Vivian Mc. from an order of the Family Court, Queens County, dated October 15, 2003. By decision and order on motion dated January 23, 2004, that branch of the appellant's motion which was for leave to prosecute the appeal as a poor person was denied with leave to renew on or before February 23, 2004. By order to show cause dated March 10, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for the appellant's failure to renew her motion for leave to prosecute the appeal as a poor person pursuant to the decision and order on motion dated January 23, 2004.

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion dated January 23, 2004.

H. MILLER, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9576

M/nal

2002-09602
In the Matter of Talisha L. (Anonymous).
Administration for Children's Services, et al.,
respondents; Erica L. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Calo L. (Anonymous).
Administration for Children's Services, et al.,
respondents; Erica L. (Anonymous), appellant.
(Proceeding No. 2)
(Docket Nos. N-772-3-00, V-9211-00, G-5425-6-02)

SCHEDULING ORDER

Appeal by Erica L. from an order of the Family Court, Kings County, dated September 6, 2002. The appellant's brief was filed in the office of the Clerk of this court on March 23, 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.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9653

Y/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2003-09912
In the Matter of Margaret Lane, respondent,
v Don Lane, appellant.
(Docket No. F-01804-98)

DECISION & ORDER ON MOTION

Appeal by Don Lane from an order of the Family Court, Westchester County, dated October 3, 2003. By order to show cause dated March 8, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated January 12, 2004, issued pursuant to 22 NYCRR 670.4(a)(5).

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the motion is denied; and it is further,

ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated January 12, 2004, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until May 17, 2004.

H. MILLER, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9642

HOWARD MILLER, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2003-07824
In the Matter of Sheldon Martin,
respondent, v Lois P. Martin, appellant.

(Docket Nos. V-0262-01, V-2621-01/02A)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated July 8, 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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Gina M. Scelta, Esq.

P.O. Box 407

Centerport, New York 11721

(631) 547-9311

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

H. MILLER, J.P., ADAMS, TOWNES, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9651

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2002-05270

In th Matter of Stan D. Miller, admitted as
Stan Darcy Miller, a suspended attorney.
Grievance Committee for the Ninth Judicial
District, petitioner; Stan D. Miller, respondent.

DECISION & ORDER ON MOTION

Motion by the petitioner for an order finding the respondent in default of his obligation to answer the petition and supplemental petition and imposing discipline. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on August 12, 1991, under the name Stan Darcy Miller. By decision and order on motion of this court dated October 9, 2002, the respondent was immediately suspended from the practice of law pursuant to 22 NYCRR 691.4(l)(1)(i) and (iii), the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against him, and the matter was referred to the Honorable William C. Thompson, as Special Referee, to hear and report. By subsequent decision and order on motion of this court dated January 8, 2003, the portion of the October 9, 2002, order that suspended him pursuant to 22 NYCRR 691.4(l)(1)(i) and (iii) was recalled and vacated in light of his prior suspension by the Appellate Division, First Department, the Grievance Committee was authorized to supplement the original petition, and the supplemental charges were referred to the Honorable William C. Thompson to hear and report along with the charges previously referred to him.

Upon the papers submitted in support of the motion and no papers having been submitted in opposition or in response thereto, it is

ORDERED that the motion is denied with leave to renew upon proper service.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9639

CF/

2003-08846
In the Matter of New York Central Mutual
Fire Insurance Co., appellant, v Chijioke
Agu, et al., respondents.
(Index No. 9435/03)

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 September 8, 2003.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9626

S/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-10154, 2003-10157, 2003-10158
In the Matter of Heather S. (Anonymous).
Dutchess County Department of Social Services,
respondent; Lori S. (Anonymous), et al., appellants.
(Proceeding No. 1)
In the Matter of Nicole S. (Anonymous).
Dutchess County Department of Social Services,
respondent; Lori S. (Anonymous), et al., appellants.
(Proceeding No. 2)
In the Matter of Alyssa S. (Anonymous).
Dutchess County Department of Social Services,
respondent; Lori S. (Anonymous), et al., appellants.
(Proceeding No. 3)
(Docket Nos. N-2989-02, N-2990-02, N-2991-02,
N-2992-02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 24, 2004, in the above-entitled proceedings is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the counsel assigned to represent the appellant Lori S. in proceedings before the Family Court, Dutchess County, to be relieved, for the assignment of new counsel to prosecute appeals from an amended order of the Family Court, Dutchess County, dated July 23, 2003, and two orders of the same court, both dated October 3, 2003, and for leave to the appellant Lori S. to prosecute the appeals as a poor person.

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 counsel assigned by the Family Court is relieved from representing the appellant Lori S. on the appeals; and it is further,

ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the attorney for the appellant Thomas U. is directed to provide a copy of the transcripts of the proceedings to the attorney for Lori S. when the brief on behalf of Thomas U. is filed with the Clerk of this court. Assigned counsel is directed to provide copies of said transcripts to the respondent and the Law Guardian(s), if any, when counsel serves the brief of Lori S. upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals on behalf of Lori S.:

Gary Eisenberg, Esq.

129 Brooks Avenue

Monroe, New York 10950

(914) 782-6715

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.

KRAUSMAN, J.P., GOLDSTEIN, ADAMS, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9577

M/nal

2003-09323
In the Matter of Dyshea T. (Anonymous).
Administration for Children's Services, respondent;
Marisol R. (Anonymous), appellant.
(Proceeding No. 1)
(Docket No. B-14652/00 )
In the Matter of Rashawn P. (Anonymous).
Administration for Children's Services, respondent;
Marisol R. (Anonymous), appellant.
(Proceeding No. 2)

(Docket No. B-07195/01 )

SCHEDULING ORDER

Appeal by Marisol R. from an order of the Family Court, Kings County, dated August 20, 2003. By decision and order on motion of this court dated March 22, 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:

Joan N. G. James, Esq.

44 Court Street - Suite 905

Brooklyn, New York 11201

(347) 834-3730

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated March 22, 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.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9370

O/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-04868
In the Matter of Susan Wahlberg, appellant,
v Edward Rudden, respondent.
(Docket No. V-2907/02)

DECISION & ORDER ON MOTION

Motion by Laura Shulman as attorney for the petitioner to recall and vacate a decision and order on motion of this court dated November 18, 2003, which dismissed an appeal from an order of the Family Court, Dutchess County, entered April 29, 2003, to reinstate the appeal, to correct the notice of appeal to reflect that the petitioner is the appellant, and to assign her as counsel for the appellant.

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 branches of the motion which are to recall and vacate the decision and order on motion of this court dated November 18, 2003, to reinstate the appeal, and to correct the notice of appeal are granted; and it is further,

ORDERED that the decision and order on motion of this court dated November 18, 2003, is recalled and vacated and the appeal is reinstated; and it is further,

ORDERED that the notice of appeal is deemed corrected to reflect that the petitioner is the appellant (see CPLR 2001; Matter of Tagliaferri v Weiler, _______ NY3d _________); and it is further,

ORDERED that on the court's own motion, the scheduling order dated August 1, 2003, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until May 14, 2004; and it is further,

ORDERED that the motion is otherwise denied, without prejudice to the appellant making a motion on or before April 30, 2004, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

PRUDENTI, P.J., FLORIO, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9571

M/nal

2003-06321, 2003-06322
In the Matter of Jonathan Z. (Anonymous),
appellant.
(Docket No. D-9567-03)

SCHEDULING ORDER

Appeals by the juvenile from two orders of the Family Court, Kings County, dated May 2, 2003, and July 8, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on March 24, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, 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.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9606

E/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2003-10500, 2003-10502,
2003-10503, 2003-10504
In the Matter of Jane Zullo, et al., respondents,
v George Hom, appellant.
2003-04397
In the Matter of George Hom, appellant,
v Jane Zullo, respondent.
2003-08487
In the Matter of Nassau County Department of
Social Services, o/b/o Jane Zullo, respondent,
v George Hom, appellant.
(Docket No. F-3296-96)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from three orders of the Family Court, Nassau County, dated April 3, 2003 (Appellate Division Docket No. 2003-04397), July 31, 2003 (Appellate Division Docket No. 2003-08487), November 6, 2003 (Appellate Division Docket No. 2003-10500), and three orders of the same court, all dated November 10, 2003 (Appellate Division Docket Nos. 2003-10502, 2003-10503, 2003-10504) to enlarge the time of the respondent Hunter Rawlings to serve and file a brief and to enlarge his time to serve and file a reply brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the time of the respondent Hunter Rawlings to serve and file a brief is enlarged until April 30, 2004, and that respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the appellant's time to serve and file a brief is enlarged until May 10, 2004, and the reply brief must be served and filed on or before that date.

H. MILLER, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9600

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00595

The People, etc., respondent,
v Garry Arthur, appellant.

(Ind. No. 373/03)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign Counsel
Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered January 12, 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 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:

Laura R. Johnson, Esq.

Criminal Appeals Bureau

The Legal Aid Society

199 Water Street, 5th Floor

New York, New York 10038

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

04 A 0259

Downstate Corr. Fac.

Box 445

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9630

CF/

2002-04954
The People, etc., respondent,
v Salvador Baez, appellant.
(Ind. No. 01-01398)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester County, rendered April 16, 2002.

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

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9622

HOWARD MILLER, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2003-04638
The People, etc., respondent, DECISION & ORDER ON MOTION
v Victor Benavides, appellant. Motion to File a Supplemental Brief
(Ind. No. 2186-02)

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered May 14, 2003.

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., ADAMS, TOWNES, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 3136

Adirondack Corr. Fac.

Box 110

Raybrook, New York 12977

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9619

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

1999-09924
DECISION & ORDER ON MOTION
The People, etc., respondent,
v Sean Boyd, appellant.
(Ind. No. 7691/98)

On the court's own motion, it is

ORDERED that the decision and order on motion of this court, dated May 20, 2003, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 7, 1999, is recalled and vacated; and it is further,

ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.

The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9599

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-07504
The People, etc., respondent,
v Gamel Cherry, appellant.
(Ind. No. 4350/02)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered July 29, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on December 8, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Laura R. Johnson, Esq.

Criminal Appeals Bureau

The Legal Aid Society

199 Water Street, 5th Floor

New York, New York 10038

and it is further,

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 4235

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9618

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2001-04797
DECISION & ORDER ON MOTION
The People, etc., respondent,
v Timothy Jackman, appellant.
(Ind. No. 4116/98)

Motion by the appellant pro se to recall and vacate a decision and order on motion of this court, dated September 4, 2003, which granted his application for leave to serve and file a supplemental brief on his appeal from a judgment of the Supreme Court, Queens County, rendered May 23, 2001, and to deem the application withdrawn.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, the decision and order on motion dated September 4, 2003, is recalled and vacated, and the appellant's application for leave to serve and file a supplemental brief is deemed withdrawn.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9621

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-01594

The People, etc., respondent,
v Dwight Jackson, appellant.

(Ind. No. 1830-03)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign Counsel
Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered February11, 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 that the motion is granted; 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

04 A 0940

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8682

O/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2002-07565, 2002-07567
The People, etc., respondent,
v Clarence C. Jones, appellant.
(Ind. No. 48178)

DECISION & ORDER ON MOTION

Renewed motion by the appellant on appeals from a judgment of the County Court, Nassau County, rendered November 27, 1979, and an amended judgment of the same court rendered April 11, 1980, to expand the judgment roll to include the minutes of the testimony of Detective Donald Daigneault during Grand Jury proceedings which occurred on December 4, 1978, and to release those minutes to the appellant.

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 on or before April 29, 2004, the respondent shall serve the appellant's attorney with one copy of the minutes of the testimony of Detective Donald Daigneault during Grand Jury proceedings which occurred on December 4, 1978; and it is further,

ORDERED that the District Attorney shall file the Grand Jury minutes in question with the Clerk of this Court, and those minutes shall remain sealed upon delivery.

S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9641

HOWARD MILLER, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2003-04314, 2003-08947

The People, etc., respondent,
v Angel Maldonado, appellant.

(Ind. Nos. 2340-99, 891-01)

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 appeals from two judgments of the County Court, Suffolk County, both rendered April 25, 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 appeals 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:

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 appeals is enlarged; assigned counsel shall prosecute the appeals 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 appeals; 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 appeals are taken.

H. MILLER, J.P., ADAMS, TOWNES, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 R 2519

Gowanda Corr. Fac.

Box 311

Gowanda, New York 14070

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9617

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2002-02612
DECISION & ORDER ON MOTION
The People, etc., respondent,
v Thurman Manson, appellant.
(Ind. No. 10229/00)

Motion by the appellant pro se to recall and vacate a decision and order on motion of this court, dated February 24, 2004, which granted his application for leave to serve and file a supplemental brief on his appeal from a judgment of the Supreme Court, Kings County, rendered March 18, 2002, and to deem the application withdrawn.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, the decision and order on motion dated February 24, 2004, is recalled and vacated, and the appellant's application for leave to serve and file a supplemental brief is deemed withdrawn.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9623

HOWARD MILLER, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2002-06561
v Frank Nitti, appellant.
(Ind. No. 683/01)

The People , etc., respondent, DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 19, 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 advise the appellant of the date by which the minutes are to be returned and the brief filed.

H. MILLER, J.P., ADAMS, TOWNES, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 R 3426

Cape Vincent Corr. Fac.

Route 12E - Box 739

Cape Vincent, New York 13618

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9629

CF/

2000-09671
The People, etc., respondent, v
Lamarr Palmer, appellant.
(Ind. No. 3730/98)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Queens County, rendered September 25, 2000.

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

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9584

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-08544
The People, etc., respondent,
v Robert Rivera, appellant.
(Ind. No. 1144/02)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered September 25, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on January 14, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Laura R. Johnson, Esq.

Criminal Appeals Bureau

The Legal Aid Society

199 Water Street, 5th Floor

New York, New York 10038

and it is further,

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 5292

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9598

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2001-08027
The People, etc., respondent,
v Felix Rodriguez, appellant.
(Ind. No. 6645/00)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered July 23, 2001. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on January 14, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Laura R. Johnson, Esq.

Criminal Appeals Bureau

The Legal Aid Society

199 Water Street, 5th Floor

New York, New York 10038

and it is further,

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

01 A 4441

Eastern Corr. Fac.

Box 338

Napanoch, New York 12458

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9581

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2004-00081

The People, etc., respondent,
v Nathan Sanchez, appellant.
(Ind. No. 5256/02)

DECISION & ORDER ON MOTION
Motion for Leave to Serve
Late Notice of Appeal, for Poor
Person Relief & to Assign
Counsel - Appeal from Judgment

Motion by the appellant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered July 17, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is 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, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated in or referred to in the report; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Laura R. Johnson, Esq.

Criminal Appeals Bureau

The Legal Aid Society

199 Water Street, 5th Floor

New York, New York 10038

and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

FLORIO, J.P., KRAUSMAN, SCHMIDT, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 4435

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9612

S/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2002-04792

The People, etc., respondent, v
Raymond Tillman, appellant.
(Ind. No. 2442/01)

ORDER TO SHOW CAUSE

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered December 18, 2002, on the ground that the appellant has abandoned the appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the court's own motion the appellant is directed to show cause before this court why an order should or should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]) by filing an affidavit on that issue with the Clerk of this court on or before April 23, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for him, and upon the District Attorney by ordinary mail pursuant to CPL 460.70(2); and it is further,

ORDERED that the motion by assigned counsel to be relieved is held in abeyance in the interim.

H. MILLER, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9564

S/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-10962
The People, etc., respondent,
v Arthur Tuten, appellant.
(Ind No. 08695/02)
DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order dated January 27, 2004, in the above-entitled case is amended by deleting from the caption thereof Ind. No. "077/99", and substituting therefor Ind No. "08695/02".

SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk