Appellate Division: Second Judicial Department

M14199

R/nal

GLORIA GOLDSTEIN, J.P.

SANDRA L. TOWNES

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2003-10491 Trevor L. Brooks, appellant, v Michael Ross, respondent. (Index No. 38541/00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated October 1, 2003, as a poor person, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is for leave to proceed on the original papers is denied with leave to renew upon proper papers (see CPLR 1101); and it is further,

ORDERED that the branches of the motion which are for free transcripts and to waive the filing fee are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until September 24, 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.

GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14213

S/nal

2004-03698 Caledonia Construction Corp., respondent, v Ghulam Dastgir, appellant, et al., defendant. (Index No. 16838/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated March 8, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 26, 2004, 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

M14221

S/nal

2003-10140 Jyoti Chittur, et al., appellants, v Briarcliff Woods Condominium Association, Inc., respondent. (Index No. 15076/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Westchester County, dated November 3, 2003.

ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court on July 26, 2004, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14218

PL/nal

2004-00909 Citibank, N.A., et al., respondents, v Peter Plagakis, etc., et al., plaintiffs, John Bouzas, et al., appellants. (Index No. 7384/01)

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, Queens County, dated January 8, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 9, 2004, 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

M14243

A/nal

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

NANCY E. SMITH

REINALDO E. RIVERA, JJ.

2003-04172 Stephen DiTommaso, appellant, v Ben Marino, respondent, et al., defendant. (Index No. 9505/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated April 24, 2003, which was determined by decision and order of this court dated April 19, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14230

M/nal

2003-11036 Eva Ferro, appellant, v William Ferro, respondent. (Index No. 26785/99)

SCHEDULING ORDER

Appeal by Eva Ferro from a judgment of the Supreme Court, Queens County, dated October 27, 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 serving and filing the record or the appendix and the appellant's brief on the appeal is enlarged until August 27, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14204

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-10129 Carlos Grant, respondent, v Hestia Real Estate Corporation B.V., etc., et al., respondents-appellants, Otis Elevator Company, appellant-respondent. (Index No. 34412/01)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 10, 2003.

Upon the stipulation of the attorneys for the respective parties, dated March 30, 2004, it is

ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14228

S/nal

2003-10519 Gerard Grosof, et al., appellants, v Lauretta Goforth, respondent. (Index No. 29067/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated October 23 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before August 2, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14203

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-05630, 2003-11162 Hematology-Oncology Associates of Rockland, P.C., et al., respondents, v Marc S. Zimmerman, appellant, et al., defendant. (Index No. 4847/97)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw appeals from an order of the Supreme Court, Rockland County, dated April 14, 2003, and an order and judgment (one paper) of the same court, entered May 28, 2003, respectively.

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

ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14210

PL/nal

2004-01787 Sharida Ishak, appellant, v Edwin F. Guzman, respondent. (Index No. 12135/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated January 29, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 9, 2004, 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

M14214

R/cf

GLORIA GOLDSTEIN, J.P.

SANDRA L. TOWNES

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-05633 John Kevin MacDonald, etc., et al., respondents, v Anna Adams, appellant, et al., defendant. (Index No. 05941/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated June 9, 2004, pending hearing and determination of the appeal therefrom, and for a preference in the calendaring of the appeal.

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

ORDERED that the motion is denied.

GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14216

L/

GABRIEL M. KRAUSMAN, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2003-09751 Dario Mannarino, appellant, v Jeremie McCormick, et al., respondents. (Index No. 21396/01 )

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 2, 2003.

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

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14246

Y/nal

FRED T. SANTUCCI, J.P.

HOWARD MILLER

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-05543, 2004-05545 Margaret Morrone, respondent, v Michael Morrone, appellant; Shaw, Licitra, Bohner, Esernio, Schwartz & Pfluger, P.C., etc., nonparty-respondent. (Index No. 5115/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay an arbitration pending between the appellant and Shaw, Licitra, Bohner, Esernio, Schwartz & Pfluger, P.C., now known as Shaw, Licitra, Esernio & Schwartz, P.C., pending hearing and determination of appeals from two orders of the Supreme Court, Richmond County, dated November 7, 2003, and May 13, 2004, respectively.

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

ORDERED that the motion is denied.

SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14200

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-03939 Stephen Nagler, respondent, v Metropolitan Life Insurance Company, a/k/a Metlife, appellant. (Index No. 15624/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 24, 2003.

Upon the stipulation of the attorneys for the respective parties, dated on or about April 2004, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14227

R/cf

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

STEVEN W. FISHER, JJ.

2002-00930 John Patino, et al., respondents, v Lockformer Company, Inc., et al., appellants (and a third-party action). (Index No. 1293/98)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated December 27, 2001, which was determined by decision and order of this court dated March 31, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

ALTMAN, J.P., KRAUSMAN, COZIER and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14217

S/nal

2004-00294 William Priola, plaintiff-respondent, v 181 Trading, LLC, defendant third-party plaintiff- appellant, et al., defendant; Jacobi General Contracting Corp., et al., third-party defendant- respondent. (Index No. 24805/01)

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, Kings County, dated November 20, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 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 of the Court

Appellate Division: Second Judicial Department

M14223

S/nal

ANITA R. FLORIO, J.P.

HOWARD MILLER

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-03240 Riverside Capital Advisers, Inc., etc., et al., plaintiffs-respondents, v First Secured Capital Corporation, et al., appellants, Wet Resources Corp., defendant-respondent, et al, defendant; Thomas Donovan, et al., nonparty-appellants. (Appeal No. 1) 2004-06107, 2004-06108, 2004-06109, 2004-06110, 2004-06111 Riverside Capital Advisers, Inc., etc., et al., respondents, v First Secured Capital Corporation, et al., appellants, Wet Resources Corp., et al., defendants; Thomas Donovan, et al., nonparty-appellants. (Appeals No. 2 through 6) 2004-06114 Riverside Capital Advisers, Inc., etc., et al., respondents, v First Secured Capital Corporation, et al., defendants; Thomas Donovan, et al., nonparty- appellants. (Appeal No. 7) (Index No. 99-20600)

DECISION & ORDER ON MOTION

Motion by Thomas B. Donovan and Pamela Donovan joined by First Secured Capital Corporation and Thomas B. Donovan Family Trust, on appeals from orders of the Supreme Court, Nassau County dated May 24, 2004, May 25, 2004 (two orders), June 7, 2004, and June 10, 2004, respectively, inter alia, to stay enforcement of the orders dated May 24, 2004, May 25, 2004, and June 10, 2004, pending hearing and determination of the appeals, and separate motion by the appellant Thomas B. Donovan Family Trust, joined by First Secured Capital Corporation, Thomas B. Donovan and Pamela Donovan, on appeals from two orders of the same court dated March 9, 2004, and June 16, 2004, to stay enforcement of those orders pending hearing and determination of the appeals.

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

ORDERED that the motions are denied in all respects.

FLORIO, J.P., H. MILLER, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14232

S/nal

2004-01425 Sault, Inc., appellant, v Hermitage Insurance Company, respondent. (Index No. 4073/03 )

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, Rockland County, dated December 1, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 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 of the Court

Appellate Division: Second Judicial Department

M13961

R/nal

GLORIA GOLDSTEIN, J.P.

SANDRA L. TOWNES

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-04695 Mary Snead, respondent, v Erlene Jackson, appellant. (Index No. 41816/01)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of a judgment of the Supreme Court, Kings County, dated September 15, 2003, pending hearing and determination of an appeal therefrom, and to enlarge the time to perfect the appeal, and a cross motion by the respondent to dismiss the appeal for failure to timely perfect the same.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal is enlarged until August 20, 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 branch of the motion which is, in effect, to stay enforcement of the judgment is denied; and it is further,

ORDERED that the cross motion is denied.

GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14201

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-10966 Ellen M. Taylor, appellant, v Thomas A. Taylor, et al., respondents. (Index No. 3423/00)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated October 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 appeal is deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14233

S/nal

2004-01274 Theresa Travis, respondent, v Gregory Mason, et al., appellants. (Index No. 7489/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated January 9, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 12, 2004, 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

M14222

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-02925 Warwick NY CVS, LLC, respondent, v Village of Warwick, et al., appellants. (Index No. 5383/02)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants for leave to withdraw an appeal from an interlocutory judgment of the Supreme Court, Orange County, dated February 5, 2003.

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

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14207

R/cf

GLORIA GOLDSTEIN, J.P.

SANDRA L. TOWNES

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-05465 Ofer Zarzar, plaintiff, v Nina Sultan, defendant third-party plaintiff-respondent; Samuel Zarzar, etc., third-party defendant-appellant. (Index Nos. 50655/01, 75164/02)

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, Kings County, dated May 19, 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.

GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14135

M/nal

2004-03528 In the Matter of Abigail Anaya, respondent, v Stacey H. Hundley, appellant. (Docket No. V-4675-91)

SCHEDULING ORDER

Appeal by Stacey H. Hundley from an order of the Family Court, Suffolk County, dated April 19, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 22, 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 of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M14161

M/nal

2003-08091 In the Matter of Mary Carroll, respondent, v Ron Scott, appellant. (Docket No. F-05459/02)

SCHEDULING ORDER

Appeal by Ron Scott from an order of the Family Court, Queens County, dated August 26, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 27, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's law guardian's time to serve and file a brief on the appeal is enlarged until August 13, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14231

A/cf

GLORIA GOLDSTEIN, J.P.

SANDRA L. TOWNES

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2003-04559 In the Matter of Fida Fouad Elayyan, appellant, v Ali Elayyan, respondent. (Docket No. O-23858/02)

DECISION & ORDER ON MOTION

Appeal by Fida Fouad Elayyan from an order of the Family Court, Kings County, dated May 1, 2003. By order to show cause dated June 30, 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 August 4, 2003, issued pursuant to 22 NYCRR 670.4(a).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated August 4, 2003 (see 22 NYCRR 670.4[a][5]).

GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14188

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-04894 In the Matter of Robert Everett, Jr., appellant, v Billijo McBride, respondent. (Docket No. V-3631-01)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by the Law Guardian to be relieved of an assignment to represent the child on an appeal from an order of the Family Court, Orange County, dated April 15, 2004.

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

ORDERED that the motion is granted, and the Law Guardian, Cheryl E. Maxim, Esq., Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the child:

Marsha E. Koretsky, Esq.

P.O. Box 943

Goshen, New York 10924

(845) 294-1611

RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14191

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-04527, 2004-04528 In the Matter of Dyshaun F. (Anonymous), appellant. (Docket No. D-10480-03)

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

Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Nassau County, dated April 22, 2004, and May 3, 2004, respectively, 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 Law Guardian, Ngozi Rosaline Asonye, 18 E. Sunrise Highway, Suite 206, Freeport, New York 11520, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:

John M. Zenir, Esq.

114 Old Country Road - Suite 216

Mineola, New York 11501

(516) 746-0180

and it is further,

ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.

RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14136

M/nal

2003-10913 In the Matter of Frank F. (Anonymous). Administration for Children's Services, respondent; Cheryl F. (Anonymous), appellant. (Docket No. NA-6532/02)

SCHEDULING ORDER

Appeal by Cheryl F. from an order of the Family Court, Queens County, dated November 14, 2003. The appellant's brief was filed in the office of the Clerk of this court on July 22, 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 of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M14139

M/nal

2004-01474 In the Matter of Anthony Christopher G. (Anonymous), Jr. St. Christopher-Ottillie, respondent; Anthony G. (Anonymous), appellant. (Docket No. B-1880-02)

SCHEDULING ORDER

Appeal by Anthony G. from an order of the Family Court, Kings County, dated January 2, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 21, 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 of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M14159

M/nal

2004-03893 In the Matter of Deionte L. (Anonymous). Administration for Children's Services, respondent; Lisa L. (Anonymous), appellant. (Docket No. N-16113-03)

SCHEDULING ORDER

Appeal by Lisa L. from an order of the Family Court, Queens County, dated April 14, 2004. By decision and order of this court dated July 22, 2004, the following attorney was assigned as counsel on the appeal:

Michael Hueston, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11242

(718) 624-9391

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

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

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

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

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

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

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M14238

A/cf

GLORIA GOLDSTEIN, J.P.

SANDRA L. TOWNES

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2003-10143 In the Matter of Kathleen Lewis, respondent, v Michael Nwasoma, appellant. (Docket No. F-4687/02)

DECISION & ORDER ON MOTION

Appeal by Michael Nwasoma from an order of the Family Court, Kings County, dated September 2, 2003. By order to show cause dated July 1, 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 28, 2004, issued pursuant to 22 NYCRR 670.4(a).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 28, 2004 (see 22 NYCRR 670.4[a][5]).

GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14229

A/cf

GLORIA GOLDSTEIN, J.P.

SANDRA L. TOWNES

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2003-11089 In the Matter of John Meyers, appellant, v Wendy Beiner, respondent. (Docket No. F-484/99)

DECISION & ORDER ON MOTION

Appeal by John Meyers from an order of the Family Court, Suffolk County, entered November 24, 2003. By order to show cause dated June 17, 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 May 7, 2004, issued pursuant to 22 NYCRR 670.4(a).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated May 7, 2004 (see 22 NYCRR 670.4[a][5]).

GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14215

R/cf

GLORIA GOLDSTEIN, J.P.

SANDRA L. TOWNES

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-03579 In the Matter of Bessa Natiku, appellant, v Skender Natiku, respondent. (Proceeding No. 1) In the Matter of Skender Natiku, respondent, v Bessa Natiku, appellant. (Proceeding No. 2) (Docket Nos. V-4341/99, V-4371/99)

DECISION & ORDER ON MOTION

Appeal by Bessa Natiku from an order of the Family Court, Queens County, dated March 23, 2004. By order to show cause dated June 21, 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 proceedings for failure to comply with a scheduling order dated May 7, 2004, issued pursuant to 22 NYCRR 670.4(a).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated May 7, 2004 (see 22 NYCRR 670.4[a][5]).

GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14090

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-04772 DECISION & ORDER ON MOTION In the Matter of Patricia Price, appellant, v Colin Beswick, respondent. (Docket No. F-31950-03)

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated April 27, 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 that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,

ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).

RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14196

R/cf

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2003-07821, 2003-10992 In the Matter of Isabella Principato, et al., respondents, v Louis Lombardi, appellant. (Index No. 33504/02)

DECISION & ORDER ON MOTION

Motion by Cheryl S. Solomon to be relieved as Law Guardian for the children on appeals from two orders of the Supreme Court, Kings County, dated July 24, 2003, and November 20, 2003, respectively, in a proceeding pursuant to Domestic Relations Law § 72, and for the appointment of a new law guardian.

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 without prejudice to seeking the same relief in the Supreme Court, Kings County.

RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13907

M/nal

2004-05880 In the Matter of Wanda Riccio, respondent, v Paul Riccio, appellant. (Docket No. V-284-03)

SCHEDULING ORDER

Appeal by Paul Riccio from an order of the Family Court, Richmond County, dated June 7, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M14220

R/cf

GLORIA GOLDSTEIN, J.P.

SANDRA L. TOWNES

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2003-05603 In the Matter of Basheen Rush, appellant, v Robert J. Murphy, etc., respondent. (Index No. 0095/03)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - January 2004 Calendar", dated February 6, 2004, as dismissed an appeal from an order of the Supreme Court, Dutchess County, dated June 20, 2003, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is denied.

GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14224

R/cf

GLORIA GOLDSTEIN, J.P.

SANDRA L. TOWNES

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2002-11278 In the Matter of Basheen Rush, appellant, v David Thacker, etc., respondent. (Index No. 4374/02)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - July 2003 Calendar", dated September 4, 2003, as dismissed an appeal from an order of the Supreme Court, Dutchess County, dated December 9, 2002, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is denied.

GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14138

M/nal

2003-09664 In the Matter of Adonis Earl S. (Anonymous). Suffolk County Department of Social Services, respondent; Earl S. (Anonymous), appellant. (Docket No. B-8720/03)

SCHEDULING ORDER

Appeal by Earl S. from an order of the Family Court, Suffolk County, dated October 3, 2003. The appellant's brief was filed in the office of the Clerk of this court on July 22, 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 of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact him at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M14091

F/

DAVID S. RITTER

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-04645 In the Matter of Osdila Santiago, appellant, v Ismail Ibrahim, respondent. (Docket No. V-17218-98)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Queens County, dated April 22, 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 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:

Lewis S. Calderon, Esq.

90-50 Parsons Blvd. Suite 405

Jamaica, New York 11432

(718) 883-1560

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.

RITTER, J.P., SCHMIDT, ADAMS, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14225

A/nal

GLORIA GOLDSTEIN, J.P.

SANDRA L. TOWNES

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-01446 In the Matter of David M. Tenace, appellant, v Fishkill Correctional Facility, respondent. (Index No. 2021/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Dutchess County, dated October 29, 2003, for leave to reargue a motion for leave to prosecute the appeal as a poor person, which was determined by decision and order on motion of this court dated May 4, 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; and it is further,

ORDERED that on the court's own motion, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until September 15, 2004.

GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14163

M/nal

2004-01019 In the Matter of Curtis Vann, respondent, v Jennifer Vann, appellant. (Docket Nos. V-5451-03, V-5452-03)

SCHEDULING ORDER

Appeal by Jennifer Vann from an order of the Family Court, Orange County, dated December 17, 2003. The appellant's brief was filed in the office of the Clerk of this court on July 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 of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M14194

M/nal

2003-10222, 2003-10223 In the Matter of Susan Winkler, appellant, v Michael Nussenblatt, respondent. (Docket No. F-01661/02)

ORDER TO SHOW CAUSE

Appeals by Susan Winkler from two orders of the Family Court, Queens County, both dated September 23, 2003. The transcripts were received by the appellant on May 10, 2004, and pursuant to the scheduling order of this court dated April 5, 2004, the appeals in the above-entitled proceeding was to be perfected within 60 days of the date of the scheduling order. The appeals have not been perfected. 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 appeals in the above-entitled proceeding for failure to comply with the scheduling order dated April 5, 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 August 13, 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 of the Court

Appellate Division: Second Judicial Department

M14162

M/nal

2004-03332 In the Matter of Louis de la Parra, appellant, v Diane S. Cazzetta, respondent. (Docket No. F-00774-97)

ORDER TO SHOW CAUSE

Appeal by Louis de la Parra from an order of the Family Court, Suffolk County, dated March 4, 2004. By scheduling order dated June 15, 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) 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 proceeding for failure to comply with the scheduling order dated June 15, 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 August 13, 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 of the Court

Appellate Division: Second Judicial Department

M14081

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-05215 The People, etc., plaintiff, v Norkin Alvarez, defendant. (Ind. No. 2463/03)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Queens County, rendered March 18, 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.

RITTER, J.P., SCHMIDT, ADAMS, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14226

PL/nal

2003-07347 The People, etc., respondent, v Lawrence L. Amaturo, appellant. (Ind. No. 311/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Suffolk County, dated July 15, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 9, 2004, 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

M7796

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER.

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-11078 The People, etc., respondent, v Keith Armsworth, appellant. (Ind. No. 845/02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered December 2, 2003, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

 ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

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

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

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, and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 6548

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M14069

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-05221 The People, etc., plaintiff, v Gordon Campbell, defendant. (Ind. No. 3200/01)

DECISION & ORDER ON MOTION

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, Queens County, rendered April 2, 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 opposition 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 defendant'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 amount and source of counsel fees paid to retained counsel.

RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14078

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2002-07727 The People, etc., respondent, v Shawn Cruz, appellant.DECISION & ORDER ON MOTION (Ind. No. 02-00158)

Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered August 16, 2002.

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

ORDERED that the motion is denied.

RITTER, J.P., SCHMIDT, ADAMS, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

02 A 5004

Auburn Corr. Fac.

Box 618

Auburn, New York 13024

Appellate Division: Second Judicial Department

M14059

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-05021 The People, etc., respondent, v Manuel Espinal, appellant. (Ind. No. 10003/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Queens 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 granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Queens County, rendered December 22, 2003.

RITTER, J.P., SCHMIDT, ADAMS, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14066

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2002-08522 The People, etc., respondent, v Rodrigo Garcia, appellant. (Ind. No. 2584/00)

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 County Court, Nassau County, rendered July 17, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

RITTER, J.P., SCHMIDT, ADAMS, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 R 3917

Gouverneur Corr. Fac.

Box 480

Gouverneur, New York 13642

Appellate Division: Second Judicial Department

M14064

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2002-09781 The People, etc., respondent, v Wayne Gaskin, appellant. (Ind. No. 1306-01)

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 County Court, Suffolk County, rendered October 10, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

Upon the papers filed in support of the motion and the papers filed in 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.

RITTER, J.P., SCHMIDT, ADAMS, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 5671

Attica Corr. Fac.

Box 149

Attica, New York 14011

Appellate Division: Second Judicial Department

M14076

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2003-03021 The People, etc., respondent, v Joynul Islam, appellant. (Ind. No. 641/01)

DECISION & ORDER ON MOTION Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered March 25, 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.

RITTER, J.P., SCHMIDT, ADAMS, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 R 1896

Greene Corr. Fac.

Box 975

Coxsackie, New York 12051

Appellate Division: Second Judicial Department

M14084

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-05087 The People, etc., respondent, v Tyrone Jackson, appellant. (Ind. No. 03-00403)

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, Westchester County, rendered May 4, 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:

Jason M. Bernheimer, Esq.

271 North Avenue - Suite 407

New Rochelle, New York 10801

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.

RITTER, J.P., SCHMIDT, ADAMS, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 2668

Franklin Corr. Fac.

P.O. Box 10

Malone, New York 12953

Appellate Division: Second Judicial Department

M14083

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-05216, 2004-05217 The People, etc., respondent, v Kimberley Lockett, appellant. (Ind. Nos. 188-03, 1786-03)

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

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take appeals from two judgments of the County Court, Suffolk County, both rendered December 8, 2003, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appellant's moving papers are deemed to constitute timely notices of appeal; 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 the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

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

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - 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 or her 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.

RITTER, J.P., SCHMIDT, ADAMS, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 G 1157

Bedford Hills Corr. Fac.

250 Harris Road

Bedford Hills, New York 10507

Appellate Division: Second Judicial Department

M14062

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2003-04947 The People, etc., respondent, v Raymond McFarlane, appellant. (Ind. No. 2596/01)

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, Nassau County, rendered May 15, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

RITTER, J.P., SCHMIDT, ADAMS, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 2750

Gouverneur Corr. Fac.

Box 480

Gouverneur, New York 13642

Appellate Division: Second Judicial Department

M14065

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2001-05691 The People, etc., respondent, DECISION & ORDER v Louis Olivo, appellant. (Ind. No. 6662/00)

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 13, 2001, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

RITTER, J.P., SCHMIDT, ADAMS, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

01 A 3674

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582

Appellate Division: Second Judicial Department

M14071

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2003-04289 The People, etc., respondent, v Kevin Patterson, appellant. (Ind. No. 1306/02)

DECISION & ORDER ON MOTION Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 5, 2003.

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

ORDERED that the motion is denied.

RITTER, J.P., SCHMIDT, ADAMS, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 2575

Attica Corr. Fac.

Box 149

Attica, New York 14011

Appellate Division: Second Judicial Department

M14219

A/nal

GLORIA GOLDSTEIN, J.P.

SANDRA L. TOWNES

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2003-02939 The People, etc., respondent, v Steven E. Robinson, appellant. (Ind. No. 17/02)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Putnam County, rendered December 10, 2002.

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

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

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

GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14060

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2003-05023 The People, etc., respondent, DECISION & ORDER v Darryl Summerville, appellant. (Ind. No. 4298/02)

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 May 20, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

RITTER, J.P., SCHMIDT, ADAMS, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 2929

Shawangunk Corr. Fac.

Box 700

Wallkill, New York 12589

Appellate Division: Second Judicial Department

M14192

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-05020 The People, etc., respondent, v Hugo Velazquez, appellant. (Ind. No. 59/04)

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

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Nassau County, rendered February 18, 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 granted; and it is further,

ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

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

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

RITTER, J.P., SCHMIDT, ADAMS, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 R 0886

Mohawk Corr. Fac.

6100 School Road

Rome, New York 13442

Appellate Division: Second Judicial Department

M14079

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2000-07540, 2000-07542 The People, etc., respondent, v Kyle Watson, appellant. (Ind. Nos. 99-01026, 99-01266)

DECISION & ORDER ON MOTION Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on appeals from two judgments of the Supreme Court, Westchester County, both rendered July 5, 2000.

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

ORDERED that the motion is denied.

RITTER, J.P., SCHMIDT, ADAMS, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

00 A 4282

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582

Appellate Division: Second Judicial Department

M14067

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2002-10710 The People, etc., respondent, v Ellis Wood, appellant. (Ind. No. 7003/01)

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 November 13, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

RITTER, J.P., SCHMIDT, ADAMS, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 6223

Attica Corr. Fac.

Box 149

Attica, New York 14011