APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6315
S/sl
|
2003-06305 Anthony Coppersmith, et al., respondents, v Hub Truck Rental, defendant third-party plaintiff; CPC International, Inc., third-party defendant-appellant, et al., third-party defendants. (Index No. 24699/95)
| 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, Suffolk County, dated May 9, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 10, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5535
M/cf
|
2003-09920 Nicholas Crocitto, appellant, v Victoria Crocitto, respondent. (Index No. 25692/99)
| SCHEDULING ORDER |
Appeal by Nicholas Crocitto from an order of the Supreme Court, Suffolk County, dated September 3, 2003. 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 Supreme Court action to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6286
S/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-03466 Djetkota Curanovic, etc., appellant, v Terronnie Bronfield, et al., respondents. (Index No. 17995/01)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from a jury verdict embodied in an extract of trial minutes of the Supreme Court, Westchester County, dated March 31, 2003.
Now, on the court's own motion it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a jury verdict embodied in an extract of the trial minutes (see CPLR 5512[a]; Rockman v Brosnan, 280 AD2d 591).
RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6318
PL/sl
|
2003-05896
Greater New York Mutual Insurance Co., appellant, v Transcontinental Insurance Co., et al., respondents. (Index No. 8196/02 )
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated June 2, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 5, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6292
S/sl
ROBERT W. SCHMIDT, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-06771
Greenpoint Mortgage Funding, Inc., respondent, v Ileana Amaya Landaverde, appellant, et al., defendants. (Index No. 2832/01)
| ORDER TO SHOW CAUSE |
The defendant Ileana Amaya Landaverde having appealed to this court from an order of the Supreme Court, Kings County, dated February 3, 2003, and this court having noticed the matter for a CAMP conference, and, counsel for the appellant having failed to appear at the conference without excuse.
Now, on the court's own motion, it is
ORDERED that counsel for the appellant show cause why an order should not be entered dismissing the appeal or imposing such other sanction as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2), by filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on all parties to the action on or before January 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 upon counsel for both parties by regular mail.
SCHMIDT, J.P., TOWNES, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6249
A/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-02450
Louis Grignon, et al., respondents, v Paul L. White, II, defendant-appellant, et al., defendants, William F. Tennant, nonparty-appellant. (Index No. 17077/93)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant to recall and vacate so much of a decision and order on motion of this court dated November 25, 2003, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2003 Calendar" as dismissed his appeal from an order of the Supreme Court, Suffolk County, dated January 30, 2003, to reinstate the appeal and to enlarge his 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.
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6290
S/sl
ROBERT W. SCHMIDT, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-11262 KMA I, Inc., et al., respondents, v Allied Domecq PLC, d/b/a Allied Quick Service Restaurants, et al., appellants. (Index No. 19665/03)
| DECISION & ORDER ON MOTION |
Appeal by the defendants from a decision of the Supreme Court, Westchester County, dated December 15, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
SCHMIDT, J.P., TOWNES, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6313
S/sl
|
2003-06564 Osman Kutlay, etc., appellant, v Victory Memorial Hospital, et al., respondents. (Index No. 44308/94)
| 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 May 19, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 10, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6238
M/mv
|
2003-07809 Barry Licht, appellant, v Debbie Licht, respondent. (Index No. 6992/01)
| SCHEDULING ORDER |
Appeal by Barry Licht from a judgment of the Supreme Court, Kings County, dated July 24, 2003. By decision and order of this court dated December 15, 2003, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Supreme Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6368
L/
|
2003-08285 Pacific Indemnity Company, respondent, v Hartford Insurance Company of Midwest, appellant, New York Central Mutual Insurance Company, et al., defendants. (Index No.7923/01)
| 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 August 19, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6241
S/sl
|
2003-06572 Public Administrator of Kings County, etc., respondent, v Sarafino Tomassetti, et al., appellants, et al., defendants. (Index No. 41660/95)
| 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 amended judgment of the Supreme Court, Kingso County, dated June 19, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 15, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6370
L/
|
2003-07660 Peter Taliercio, et al., respondents, v Richard Files, et al., appellants. (Index No. 11389/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Richmond County, dated July 14, 2003.
Upon the papers filed in support of the applications and no papers having been filed in opposition or relation thereto, it is
ORDERED that the applications are granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6395
J/sl
|
2003-05814 Mohammed Farruque Uddin, appellant, v Mohammed Mirza, respondent. (Index No. 25276/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 20, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 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.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6413
CF/
|
2003-05634 Vacuum Instrument Corporation, appellant, v EPM Company, et al., respondents. (Index No. 29645/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 15, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6053
M/sl
|
2003-05902 Akiva Zohar, etc., respondent, v Island Sealcoating, Inc., et al., defendants, A&G Blacktop Sealcoating, Inc., appellant. (Index No. 8182/01)
| 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 April 29, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 18, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5903
M/mv
|
2003-05292, 2003-05760, 2003-05761 In the Matter of Rashawn L. B. (Anonymous). Jewish Child Care Association of New York Services, respondent; Ayana H. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Rayana B. (Anonymous). Jewish Child Care Association of New York Services, respondent; Ayana H. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-11651-00, B-1652-00)
| SCHEDULING ORDER |
Appeals by Ayana H. from three orders of the Family Court, Queens County, one dated March 4, 2003, and two dated April 22, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 2, 2003. 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.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6336
F/
ROBERT W. SCHMIDT, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2002-02905
In the Matter of Maela Blanco, respondent, v Terry Corbett, appellant.
(Docket No. V-8119-98)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to defend an appeal from an order of the Family Court, Queens County, dated October 4, 2001, 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 Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defend the appeal:
Marva Prescod, Esq.
1366 E. 48th Street
Brooklyn, New York 11134
(718) 444-4239
and it is further,
ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.
SCHMIDT, J.P., TOWNES, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6376
K/cf
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
NANCY E. SMITH
SONDRA MILLER
GABRIEL M. KRAUSMAN, JJ.
|
2003-04037
In the Matter of Benjamin W. Boley, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Benjamin W. Boley voluntarily submitted an affidavit dated April 25, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Boley was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 18, 1961. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Boley presently resides in Washington, D.C. and has no intention of practicing law in New York at any time in the future. Under these circumstances, he does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Benjamin W. Boley, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Benjamin W. Boley is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Benjamin W. Boley is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation
thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.
PRUDENTI, P.J., SANTUCCI, SMITH, S. MILLER and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5557
M/cf
|
2003-10281 In the Matter of Constance Brennan, appellant, v Glen Johnson, respondent. (Docket No. F-8921/02)
| SCHEDULING ORDER |
Appeal by Constance Brennan from an order of the Family Court, Suffolk County, dated October 17, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5909
M/mv
|
2003-08240 In the Matter of Randi Butterworth, appellant, v Jerald H. Sperber, respondent. (Docket No. F-01656/99)
| SCHEDULING ORDER |
Appeal by Randi Butterworth from an order of the Family Court, Suffolk County, dated August 11, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 1, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5967
M/cf
|
2003-05963 In the Matter of Baby Boy C. (Anonymous). Administration for Children's Services, respondent; Douglas B. (Anonymous), appellant. (Docket No. B-16071-01)
| SCHEDULING ORDER |
Appeal by Douglas B. from an order of the Family Court, Kings County, dated April 25, 2003. By decision and order on motion of this court dated December 15, 2003, 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:
Mona G. Freeman, Esq.
34-05 44th Street - #6G
Long Island City, New York 11101
(718) 937-1656
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 , 2003, 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6409
CF/
|
2003-04773 In the Matter of Cambridge Integrated Services, Inc., et al., appellants, v Kim Hunter, et al., respondents. (Index No. 8186/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5550
M/mv
|
2003-10183 In the Matter of Theresa Cancilla, appellant, v Peter V. Cancilla, respondent. (Docket No. F-1244/01)
| SCHEDULING ORDER |
Appeal by Theresa Cancilla from an order of the Family Court, Nassau County, dated October 8, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5765
M/cf
|
2003-09857 In the Matter of Evelyn Castiglione, appellant, v Ronald Castiglione, respondent. (Docket No. F-2429/01)
| SCHEDULING ORDER |
Appeal by Evelyn Castiglione from an order of the Family Court, Suffolk County, dated October 2, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6181
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2001-10947
In the Matter of Brunetta Clarke, appellant, v Carson Clarke, respondent. (Docket No. O-25751/00)
| DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel of Assignment and to Assign New Counsel - Family Court |
On the court's own motion, it is
ORDERED that counsel assigned to prosecute an appeal from an order of the Family Court, Kings County, dated November 30, 2001, is relieved of the assignment and is directed to turn over all papers in action to new counsel herein assigned.
The appellant's motion for assignment of counsel was granted on July 31, 2002, and the following named attorney was assigned to prosecute the appeal:
David Rynkowski, Esq.
50 Sherwood Avenue
Rensselaer, New York 12144
and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as new counsel to prosecute the appeal:
Mark W. Brandys, Esq.
26 Court Street - Suite 1215
Brooklyn, New York 11242
(718) 624-4010
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.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5898
M/mv
|
2003-05402 In the Matter of William Crespo, Sr., respondent, v Gricel Figueroa, appellant. (Docket Nos. V-4653-02, V-4654-02)
| SCHEDULING ORDER |
Appeal by Gricel Figueroa from an order of the Family Court, Orange County, dated May 7, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 8, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5904
M/mv
|
2003-03815, 2003-03817
In the Matter of Nina D. (Anonymous). St. Christopher Ottilie, respondent; Diane S. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-20571-00) In the Matter of "Male" S. (Anonymous). St. Christopher Ottilie, respondent; Diane S. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-20567-00)
| SCHEDULING ORDER |
Appeals by Diane S. from two orders of the Family Court, Kings County, both dated March 17, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 2, 2003. 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.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5897
M/mv
|
2002-10838
In the Matter of Winston Lloyd D. (Anonymous). Catholic Home Bureau for Dependent Children, respondent; Moya K. (Anonymous), a/k/a Moya D. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Danisha Amoy C. (Anonymous). Catholic Home Bureau for Dependent Children, respondent; Moya K. (Anonymous), a/k/a Moya D. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Colton Richard D. (Anonymous). Catholic Home Bureau for Dependent Children, respondent; Moya K. (Anonymous), a/k/a Moya D. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-23324-99, B-23325-99, B-23326-99)
| SCHEDULING ORDER |
Appeal by Moya K., a/k/a Moya D. from an order of the Family Court, Kings County, dated October 8, 2002. The appellant's brief was filed in the office of the Clerk of this court on December 8, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5555
M/cf
|
2003-10215
In the Matter of Jill DiGiacomo, respondent, v Nicholas DiGiacomo, appellant. (Docket No. F-1479/86)
| SCHEDULING ORDER |
Appeal by Nicholas DiGiacomo from an order of the Family Court, Suffolk County, dated October 1, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5912
M/mv
|
2003-09092, 2003-09094
In the Matter of Cheeri T. E. (Anonymous). Child Development Support Corporation, respondent; Christopher D. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-22631/00)
In the Matter of Chris T. E. (Anonymous). Child Development Support Corporation, respondent; Christopher D. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-22632/00)
| SCHEDULING ORDER |
Appeals by Christopher D. from two orders of the Family Court, Kings County, both dated August 20, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the decision and order of this court dated November 20, 2003, is recalled and vacated; and it is further,
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5894
M/mv
|
2003-08878 SCHEDULING ORDER In the Matter of Louann Fernald, respondent, v Robert K. Vinci, appellant. (Docket No. F-983/01)
|
Appeal by Robert K. Vinci from an order of the Family Court, Putnam County, entered September 22, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 8, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5540
M/cf
|
2003-10043
In the Matter of Anthony L. Gagliardo, appellant, v Linda S. Gagliardo, respondent. (Docket No.V-4870/95)
| SCHEDULING ORDER |
Appeal by Anthony L. Gagliardo from an order of the Family Court, Suffolk County, dated September 25, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6271
J/sl
|
2003-04398, 2003-06509
In the Matter of Dorothy Goodlatte, a/k/a Dorothy Goodlattle, deceased. Ivar W. Malmstorm, appellant; Emil Krahulik, respondent. (Index No. 25/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Surrogate's Court, Orange County, dated April 7, 2003, and July 11, 2003, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until March 17, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5525
M/mv
|
2003-06757
In the Matter of Hager Grossett Grenion, appellant, v Arnulfo Grossett, respondent. (Docket No. F-09404-02)
| SCHEDULING ORDER |
Appeal by Hager Grossett Grenion from an order of the Family Court, Kings County, dated June 24, 2003. By decision and order of this court dated December 5, 2003, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6447
M/mv
|
2003-07547
In the Matter of Harry Hall, appellant, v Leroy Ladson, respondent. (Docket No. V-21712-02)
| SCHEDULING ORDER |
Appeal by Harry Hall from an order of the Family Court, Kings County, dated August 12, 2003. By decision and order on motion of this court dated December 16, 2003, 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:
Michael Hueston, Esq.
26 Court Street - #600
Brooklyn, New York 11242
(718) 624-0111
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 December 16, 2003, 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5824
T/sl
MYRIAM J. ALTMAN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-05616 In the Matter of Perry T. K. (Anonymous), Jr. Suffolk County Department of Social Services, petitioner-respondent; Saquonna K. (Anonymous), respondent; Perry K. (Anonymous), appellant. In the Matter of Brittany K. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Saquonna K. (Anonymous), respondent; Perry K. (Anonymous), appellant. In the Matter of Tobias K. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Saquonna K. (Anonymous), respondent; Perry K. (Anonymous), appellant. In the Matter of Susquehanna G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Saquonna K. (Anonymous), respondent; Perry K. (Anonymous), appellant. (Docket Nos. B-5680-02, B-5681-02, B-5682-02, B-5683-02, B-5684-02, B-5685-02, B-5686-02, B-5687-02, B-5688-02, B-5689-02, B-5690-02, B-5691-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated June 4, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the notice of appeal from the order dated June 4, 2003, is deemed to be a premature notice of appeal from the order dated August 5, 2003; and it is further,
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:
Steven A. Feldman, Esq.
300 Rabro Drive
Hauppauge, New York 11788
(631) 272-5207
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
ALTMAN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6230
M/mv
|
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. By decision and order on motion of this court dated December 19, 2003, 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:
Robert J. Marinelli, Esq.
50 Court Street - Suite 506
Brooklyn, New York 11201
(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 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 proceedings 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 December 19, 2003, 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6373
K/cf
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-05071
In the Matter of Gerald Leonard Levy, an attorney and counselor- at- law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Gerald Leonard Levy voluntarily submitted an affidavit dated June 4, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Levy was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 20, 1973. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Levy presently resides in California, is retired from the practice of law, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Gerald Leonard Levy, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Gerald Leonard Levy is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Gerald Leonard Levy is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6382
K/cf
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
NANCY E. SMITH
SONDRA MILLER
GABRIEL M. KRAUSMAN, JJ.
|
2003-04161
In the Matter of Kenneth A. Liebl, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Kenneth A. Liebl voluntarily submitted an affidavit dated April 29, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Liebl was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 5, 1962. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Liebl currently resides in Florida, does not practice law in New York and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Kenneth A. Liebl, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Kenneth A. Liebl is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Kenneth A. Liebl is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in
this State, (3) giving to another an opinion as to the law or its application or any advice in relation
thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.
PRUDENTI, P.J., SANTUCCI, SMITH, S. MILLER and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5814
Y/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT W. SCHMIDT, JJ.
|
2002-06094, 2003-01899
In the Matter of David M. (Anonymous). Angel Guardian Children & Family Services, Inc., et al., respondents; Kelly M. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-7793/99) In the Matter of Joy M. (Anonymous). Angel Guardian Children & Family Services, Inc., et al., respondents; Kelly M. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-7794/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated March 6, 2003, which dismissed appeals from two orders of the Family Court, Kings County, both dated May 15, 2002, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeals, and to enlarge the time to perfect the appeals.
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 March 6, 2003, is recalled and vacated; 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 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 appeals, 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 appeals:
Sarah Ann Tirqary, Esq.
90-50 Parsons Blvd. Suite 401G
Jamaica, New York 11432
(718) 725-1200
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.
PRUDENTI, P.J., RITTER, SANTUCCI and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6187
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-09480
In the Matter of Nicholas M. (Anonymous), appellant. (Docket No. D-3078-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated September 30, 2003, 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 Law Guardian, Frank Land, 36 Plymouth Road, Rockville Centre, N.Y., 11570, 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:
Carol Kahn, Esq.
225 Broadway - Suite 1515
New York, New York 10007
(212) 693-0090
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5758
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-10041 In the Matter of Raymond M. (Anonymous). Orange County Department of Social Services, respondent; Benjamin M. (Anonymous), appellant. (Proceeding No. 1) In the Matter Samantha M. (Anonymous). Orange County Department of Social Services, respondent; Benjamin M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Tiffany M. (Anonymous). Orange County Department of Social Services, respondent; Benjamin M. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. NA-2487-03, NN-2488-03, NN-2489-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Orange County, dated October 21, 2003, 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:
George E. Reed, Jr., Esq.
222 Mamaroneck Avenue #303
White Plains, New York 10605
(914) 946-5000
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.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6381
K/cf
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-04247
In the Matter of Mark Mallah, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Mark Mallah voluntarily submitted an affidavit dated May 6, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Mallah was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 29, 1988. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Mallah presently resides in California, has never practiced law in New York and has no plans to do so in the future. Under these circumstances, he does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Mark Mallah, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Mark Mallah is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Mark Mallah is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.
PRUDENTI, P.J., SANTUCCI, ALTMAN, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6291
S/sl
ROBERT W. SCHMIDT, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-11190
In the Matter of Michael P. McDermott, petitioner, v Town Board of Town of Patterson, etc., et al., respondents. (Index No. 1377/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by the petitioner from an order of the Supreme Court, Putnam County, dated November 14, 2003, which transferred the above-entitled proceeding pursuant to CPLR article 78 to this court under CPLR 7804(g).
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable (see CPLR 5701).
SCHMIDT, J.P., TOWNES, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6375
K/cf
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-05481
In the Matter of John E. Morris, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
John E. Morris voluntarily submitted an affidavit dated June 19, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Morris was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 30, 1960. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Morris presently resides in New Jersey, is 70 years of age, and wishes to retire from the practice of law. Under these circumstances, he does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of John E. Morris, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of John E. Morris is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, John E. Morris is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation
thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5729
F/
ANITA R. FLORIO, J.P.
NANCY E. SMITH
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-07836 In the Matter of Larry O. Jr., (Anonymous). Department of Social Services of Suffolk County, respondent; Tunisia I. (Anonymous), et al., appellants. (Docket No. N-1236-03, N-1240-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant Tunisia I., on appeals from an order of the Family Court, Suffolk County, dated July 24, 2003, for leave to prosecute her 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 appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellants, 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 counsel for Tunisia I., 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 the respondent and the Law Guardian, if any, when counsel serves Tunisia I.'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 on behalf of Tunisia I.:
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 assigned counsel shall prosecute the appeal on behalf of Tunisia I. 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.
FLORIO, J.P., SMITH, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6374
K/cf
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-05026
In the Matter of Irene M. Opsahl, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Irene M. Opsahl has voluntarily submitted an affidavit dated June 2, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Opsahl was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 23, 1982. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Opsahl presently resides in Minnesota, has not practiced law in New York since 1988, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Irene M. Opsahl, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Irene M. Opsahl is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Irene M. Opsahl is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York , (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation
thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5552
M/mv
|
2003-09974
In the Matter of Jeffrey Pollock, respondent, v Janice Vega, appellant. (Docket Nos. V-2972/99, V-1111/99)
| SCHEDULING ORDER |
Appeal by Janice Vega from an order of the Family Court, Queens County, dated October 24, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6185
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A COZIER, JJ.
|
2003-06088, 2003-06089
In the Matter of Michelle Quinones, respondent, v Louis Albert Lopez, appellant. (Docket No. V-2368-99)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to defend appeals from two orders of the Family Court, Queens County, both dated June 11, 2003, 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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defend the appeals:
Carol Kahn, Esq.
225 Broadway - Suite 1515
New York, New York 10007
(212) 693-0090
and it is further,
ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6248
M/mv
|
2003-07280
In the Matter of Cleveland R. (Anonymous), appellant. (Docket No. D-09796/02)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Kings County, dated July 21, 2003. By decision and order on motion of this court dated December 16, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
David Laniado, Esq.
189 Montaque Street
Brooklyn, New York 11201
(718) 246-9444
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 December 16, 2003, 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6174
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2002-04839
In the Matter of Donovan R. (Anonymous). Angel Guardian Children and Family Services, Inc., appellant; Affette R. (Anonymous), respondent. (Docket No. B-25269-98)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the attorney for the respondent to be relieved of an assignment to defend an appeal from an order of the Family Court, Kings County, dated April 4, 2002.
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 attorney for the respondent, Cheryl S. Solomon, 26 Court Street, Suite 700, Brooklyn, New York 11242, is directed to turn over all papers in the action to the new attorney for the respondent herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the respondent to defend the appeal:
Francine Shraga, Esq.
869 East 12th Street
Brooklyn, New York 11230
(718) 377-4894
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6379
K/cf
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
NANCY E. SMITH
SONDRA MILLER
GABRIEL M. KRAUSMAN, JJ.
|
2003-03966
In the Matter of Frederick W. Read III, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Frederick W. Read III voluntarily submitted an affidavit dated April 29, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Read was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 17, 1970. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Read currently resides in Massachusetts, has never practiced law in New York and has no intention of doing so in the future. Under these circumstances, he does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Frederick W. Read III, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Frederick W. Read III is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Frederick W. Read III is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.
PRUDENTI, P.J., SANTUCCI, SMITH, S. MILLER and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6378
K/cf
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-04817
In the Matter of Joseph T. Reinckens II, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Joseph T. Reinckens II voluntarily submitted an affidavit dated April 22, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Reinckens was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 12, 1982. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Reinckens presently resides in Texas, does not practice law in New York and, under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Joseph T. Reinckens II, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Joseph T. Reinckens II is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Joseph T. Reinckens II, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice
in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.
PRUDENTI, P.J., SANTUCCI, ALTMAN, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6180
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-08628 In the Matter of Michael Rivera, appellant, v Administration for Children's Services- Richmond, respondent. (Docket Nos. V-03287-03, V-03287-02/03B)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Richmond County, dated September 10, 2003, and for leave to prosecute the appeal 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 on the appeal; 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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
David Laniado, Esq.
189 Montague Street
Brooklyn, New York 11201
(718) 246-9444
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.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5562
M/mv
|
2003-10283
In the Matter of Raul Rodriguez, appellant, v Jennifer Rodriguez, respondent. (Docket No. V-13231/02)
| SCHEDULING ORDER |
Appeal by Raul Rodriguez from an order of the Family Court, Suffolk County, dated October 16, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6380
K/cf
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-04250
In the Matter of Robert A. Schroeder, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Robert A. Schroeder voluntarily submitted an affidavit dated May 9, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Schroeder was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 15, 1969. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Schroeder presently resides in California, is a member of the California Bar and has practiced law there exclusively since 1977. Under these circumstances, he does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Robert A. Schroeder, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Robert A. Schroeder is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Robert A. Schroeder is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.
PRUDENTI, P.J., SANTUCCI, ALTMAN, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5559
M/cf
|
2003-10282
In the Matter of Gabriela Shafy, respondent, v Hector Barrios, appellant. (Docket No. F-2666/97)
| SCHEDULING ORDER |
Appeal by Hector Barrios from an order of the Family Court, Suffolk County, dated October 10, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5538
M/cf
|
2003-09942
In the Matter of Yevgenia Shockome, appellant, v Timothy E. Shockome, respondent. (Docket Nos. O-5362/02, V-5620/02, V-5621/02)
| SCHEDULING ORDER |
Appeal by Yevgenia Shockome from an order of the Family Court, Dutchess County, dated October 21, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6399
K/cf
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ROBERT W. SCHMIDT, JJ.
|
2003-08942
In the Matter of Kristie Velasco, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Kristie Velasco, respondent.
| DECISION & ORDER ON MOTION |
Motion by the Grievance Committee for the Ninth Judicial District for an order (1) suspending the respondent from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i), (ii), and (iii), upon a finding that she is an immediate threat to the public interest based on her failure to cooperate with its investigation of pending complaints against her, her substantial admissions under oath, and other uncontroverted evidence of professional misconduct and (2) authorizing the institution and prosecution of a disciplinary proceeding against her. The respondent was admitted to the bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 22, 1994.
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 granted; and it is further,
ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(i) and (ii) only, the respondent 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 the respondent 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 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 herself out in any way as an attorney and counselor-at-law; and it is further,
ORDERED that the Grievance Committee for the Ninth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against the respondent based on the Grievance Committee's petition dated October 10, 2003; and it is further,
ORDERED that Gary L. Casella, Chief Counsel to the Grievance Committee for the Ninth Judicial District, Crosswest Office Center, 399 Knollwood Road, Suite 200, White Plains, N.Y. 10603, is hereby appointed as attorney for the petitioner in that proceeding; and it is further,
ORDERED that within 10 days after service upon her of a copy of this decision and order on motion, 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 any answer thereto are referred to the Honorable Jerome M. Becker, a former Judge of the Criminal and Family Courts, 641 Lexington Avenue, 4th Fl., New York, N.Y. 10022, as Special Referee, to hear and report expeditiously.
We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based on the following:
The Olan Complaint
The Grievance Committee received a complaint from Benjamin Olan alleging that the respondent had failed to promptly deliver his client file to him upon being discharged as his attorney.
On April 2, 2003, the Olan complaint was sent to the respondent's post office box by regular mail. It was returned on April 7, 2003, due to a typographical error in the address. On April 8, 2003, the complaint was again sent to the respondent at the street address of her home and office in Harrison, N.Y. Although the letter was not returned, the respondent failed to submit any response thereto. On April 22, 2003, a second letter was sent to the respondent's post office box. A return-receipt card indicated that the letter was signed for on April 28, 2003. The respondent again failed to submit any response thereto.
The Sua Sponte Complaint
The respondent failed to re-register with the Office of Court Administration (hereinafter OCA) within 30 days of her birthday on December 25, 2002. By a letter dated February 11, 2003, the Grievance Committee reminded her of her obligation to comply with the biennial registration requirement. The respondent's registration was still delinquent when the Olan complaint was opened in April 2003.
On April 16, 2003, the sua sponte complaint was sent to the respondent's post office box by regular mail. When the respondent did not submit any response thereto, a second letter was sent to the same address on May 1, 2003. A return-receipt card indicated that the letter was signed for on May 20, 2003. The respondent again failed to submit any response thereto or to re-register with OCA.
The Subsequent Investigation
On May 29, 2003, the Grievance Committee learned that the respondent had moved from her address in, Harrison, N.Y., nearly five months earlier. Additional research revealed that the respondent was working for the Westchester Institute of Computer Technology (hereinafter WICT) in New Rochelle. When initial efforts to contact her at WICT were unsuccessful, she was subpoenaed to appear at the Grievance Committee's office with her files on June 18, 2003, at 10:30 A.M. She failed to appear on that day at the appointed hour. Later in the day, she telephoned the Grievance Committee's office and requested an adjournment. The matter was adjourned until June 23, 2003.
The respondent appeared on the adjourned date and testified that she had been employed at WICT since November 2002. Although her responsibilities did not entail the practice of law, she continued to handle legal work for two clients with WICT's permission. WICT's New Rochelle office was her only bona fide New York address for the practice of law.
The respondent admitted under oath that she failed to notify OCA of her change of office address in November 2002 because her post office box in Harrison was still active. Also in November 2002, she moved her residence from Harrison to Union Beach, New Jersey, without notifying OCA of the change. In February 2003, she moved to Holmdel, New Jersey, which is now her permanent home address.
The respondent claimed that, she notified her clients in writing of her change of office address, but failed to produce any proof thereof. She also claimed that she mailed her registration form to OCA in February 2003 with a check in the amount of $300. Although she produced a copy of the OCA registration form that she claimed to have mailed, she admitted under oath that she could not verify its mailing and that the check had not cleared her bank account in the four months since it purportedly was mailed.
The respondent also claimed that, in January 2003, she arranged to have her mail from her post office box and Harrison address forwarded to WICT's New Rochelle office. She confirmed that the signature on the return-receipt cards returned to the Grievance Committee was that of Dr. Kingsley Mpamugo, the President and Director of WICT. However, she claimed that, because of a personal crisis that kept her away from her office, she was completely unaware of the Grievance Committee's efforts to contact her until she was subpoenaed.
At the conclusion of her testimony, the respondent was directed to provide the Grievance Committee with proof of mutually acceptable arrangements with Mr. Olan for the return of his file, a written response to the Olan complaint, and proof of her registration with OCA on or before July 7, 2003.
The Respondent's Continued Failure to Cooperate
No information was received from the respondent by the July 7, 2003, deadline. By letter dated July 9, 2003, the respondent was reminded of her obligation to provide the requested information. The letter was delivered to the respondent's Holmdel, New Jersey, address the following day by Airborne Express. Subsequent attempts to contact her by telephone were unsuccessful, and a message was left advising her to contact the Grievance Committee if she did not receive the Airborne Express delivery.
By letter dated July 14, 2003, which was sent to the respondent's Holmdel, New Jersey, address by certified mail, return receipt requested, the respondent was again reminded of her obligation to provide the requested information. On August 8, 2003, the letter was returned to the Grievance Committee unclaimed after three attempts to deliver it. To date, the respondent has failed to submit the requested information to the Grievance Committee. Moreover, information obtained from OCA and Mr. Olan confirms that she has not corrected her OCA registration or returned Mr. Olan's file.
The Acosta Complaint
In July 2003, the Grievance Committee received a complaint from Glenn Acosta alleging, inter alia, that the respondent had neglected his legal matter and that he was unable to contact her.
On August 19, 2003, a copy of the complaint was sent to the respondent at her address in Union Beach, New Jersey. When no answer was received, a second letter was sent by regular and certified mail, return receipt requested, to her address in Holmdel, New Jersey. The one that was sent by regular mail was not returned, but the one that was sent by certified mail was returned with the notation "no such number/street." Further investigation confirmed the respondent's mailing address. To date, no response has been received.
The Gioe Complaint
In September 2003, the Grievance Committee received a complaint from Anthony Gioe alleging that the respondent had neglected legal matters entrusted to her.
On September 22, 2003, the complaint was sent to the respondent at her Holmdel, New Jersey, address by regular mail and certified mail, return receipt requested. The one sent by regular mail was not returned. An attempt to deliver the one sent by certified mail was made on September 24, 2003, and a notice left for the respondent to claim it at the Post Office. To date, it has not been returned and the respondent has failed to submit any response thereto.
In view of the foregoing, the Grievance Committee contends that the respondent is guilty of professional misconduct immediately threatening the public interest and that her interim suspension from the practice of law is warranted.
Since the evidence against the respondent is not entirely uncontroverted, the respondent is immediately suspended from the practice of law pursuant to 22 NYCRR 691.4(l)(1) (i) and (ii) only. Moreover, the Grievance Committee is authorized to institute and prosecute a disciplinary proceeding against the respondent.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5902
M/mv
|
2003-02507 In the Matter of Dominique W. (Anonymous). Administration for Children's Services, petitioner-respondent; Lucy C. (Anonymous), et al., respondents-respondents; Juana D. (Anonymous), intervenor-appellant. (Docket No. N-8825-02)
| SCHEDULING ORDER |
Appeal by Juana D. from an order of the Family Court, Queens County, dated February 20, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 3, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6243
M/mv
|
2003-05780
In the Matter of Marion Wells, appellant, v David Smith, respondent. (Docket No. V-00794-98)
| SCHEDULING ORDER |
Appeal by Marion Wells from an order of the Family Court, Dutchess County, dated June 9, 2003. By decision and order on motion of this court dated December 15, 2003, 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:
Neal D. Futerfas, Esq.
50 Main Street - Suite 1000
White Plains, New York 10606
(914) 682-2171
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 December 15, 2003, 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5551
M/cf
|
2003-10222, 2003-10223
In the Matter of Susan Winkler, appellant, v Michael Nussenblatt, respondent. (Docket No. F-01661/02)
| SCHEDULING ORDER |
Appeals by Susan Winkler from two orders of the Family Court, Queens County, both dated September 23, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6162
F/
STEPHEN G. CRANE, J.
|
2003-05550
The People, etc., plaintiff, v Isaiah Allah, defendant. (Ind. No. 91848/95)
| DECISION & ORDER ON APPLICATION |
Application by the defendant for reargument of his prior application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated March 19, 2003, which was determined by me in a decision and order on application dated September 17, 2003.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
STEPHEN G. CRANE
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6281
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2001-03043 DECISION & ORDER ON MOTION The People, etc., respondent, v Theodore R. Brown, appellant. (Ind. No. 1332-98)
|
Motion by the appellant pro se to recall and vacate a decision and order on motion of this court, dated December 26, 2003, which granted his application for leave to serve and file a supplemental brief on his appeal from an amended judgment of the County Court, Suffolk County, rendered March 19, 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 December 26, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6280
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-09710
The People, etc., respondent, v Marshall Chatmon, appellant.
(Ind. No. 02-00500)
| 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, Westchester County, rendered September 24, 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:
David J. Squirrell, Esq.
15 Court Street
P.O. Box 101
Bedford, New York 10506
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 5334
Bare Hill Corr. Fac.
Caller Box 20 - Cady Road
Malone, New York 12953
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6153
F/
REINALDO E. RIVERA, J.
|
2003-08345
The People, etc., plaintiff, v Knowledge Dowtin, defendant. (Ind. No. 273/95)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated July 28, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
REINALDO E. RIVERA
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6268
F/
NANCY E. SMITH, P.J.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-08419
The People, etc., respondent, v Pedro Heureaux, appellant.
(Ind. No. 2900/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered July 24, 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 on the court's own motion, the appellant's moving papers are deemed to constitute an application pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment, and the application is granted; and it is further,
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:
Mitchell Dranow, Esq.
75 Main Street
Sea Cliff, New York 11579
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
SMITH, J.P., LUCIANO, H. MILLER, and TOWNES, JJ., concur.
ENTER
James Edward Pelzer
Clerk
Appellant's Address:
03 R 4337
Riverview Corr. Fac.
Box 158
Ogdensburg, New York 13669
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6155
F/
REINALDO E. RIVERA, J.
|
2003-09225
The People, etc., plaintiff, v Arthur Hilton, defendant. (Ind. No. 89-00798)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Westchester County, dated September 3, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
REINALDO E. RIVERA
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6150
F/
REINALDO E. RIVERA, J.
|
2003-10279
The People, etc., plaintiff, v Leroy Jones, defendant. (Ind. No. 7558/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated September 16, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
REINALDO E. RIVERA
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6173
S/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2002-10076
The People, etc., respondent, v Mark Jones, appellant.
(Ind. No. 8949/01)
| 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, Kings County, rendered October 24, 2002, as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is granted on condition that on or before February 10, 2004, the appellant files with the Clerk of this court a duly notarized affidavit setting forth the following information:
That he and his co-appellant, Tareq Jones, have retained Barry Gene Rhodes to represent them on appeal; that the appellant has discussed with Mr. Rhodes the possibility that a conflict of interest could arise in connection with his joint representation; that the appellant is satisfied at this point that no conflict exists; that if a conflict arises the appellant would have the right to retain separate counsel; and that he understands that Mr. Rhodes continues to represent him and his codefendant and his appeal is determined based on that joint representation, he could waive any claim that the dual representation constituted a conflict of interest.
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); appellant's 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 appellant's 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 appellant's 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 appellant's 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 the appellant's time to perfect the appeal is enlarged; 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 appellant's 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 appellant's counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
Marc Jones
02-A-6414
P.O. Box 2000
309 Bare Hill Road
Malone, New York 12953
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6361
S/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2002-09867
The People, etc., respondent, v Tareq Jones, appellant.
(Ind. No. 8949/01)
| 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, Kings County, rendered October 24, 2002, as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is granted on condition that on or before February 10, 2004, the appellant files with the Clerk of this court a duly notarized affidavit setting forth the following information:
That he and his co-appellant, Marc Jones, have retained Barry Gene Rhodes to represent them on appeal; that the appellant has discussed with Mr. Rhodes the possibility that a conflict of interest could arise in connection with his joint representation; that the appellant is satisfied at this point that no conflict exists; that if a conflict arises the appellant would have the right to retain separate counsel; and that he understands that Mr. Rhodes continues to represent him and his codefendant and his appeal is determined based on that joint representation, he could waive any claim that the dual representation constituted a conflict of interest.
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); appellant's 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 appellant's 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 appellant's 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 appellant's 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 the appellant's time to perfect the appeal is enlarged; 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 appellant's 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 appellant's counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
Tareq Jones
02-A-6037
P.O. Box 51
Comstock, New York 12821
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6201
F/
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2002-03772 The People, etc., respondent, v Jearmy Kennedy, appellant. (Ind. No. 207-01)
| 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 March 20, 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.
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
02 A 2356
Southport Corr. Fac.
Box 200
Pine City, New York 14871
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5836
F/
STEPHEN G. CRANE, J.
|
2003-08991
The People, etc., plaintiff, v Nigel Lawrence, defendant. (Ind. No. 6235/93)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, entered September 5, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
STEPHEN G. CRANE
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6285
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2001-10752 DECISION & ORDER ON MOTION The People, etc., respondent, v Allah McCall, appellant. (Ind. No. 2757/99)
|
Motion by the appellant pro se to recall and vacate a decision and order on motion of this court, dated December 16, 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 December 5, 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 December 16, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6151
F/
REINALDO E. RIVERA, J.
|
2003-06134
The People, etc., plaintiff, v Carlos Perez, defendant. (Ind. No. 2283/99)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated September 24, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
REINALDO E. RIVERA
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6165
F/
GLORIA GOLDSTEIN, J.
|
2003-09704
The People, etc., plaintiff, v Daniel Rivera, defendant. (Ind. No. 1984-89)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated October 2, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
GLORIA GOLDSTEIN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6277
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-09359
The People, etc., respondent, v Joel Rojas, appellant.
(Ind. No. 2391-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered September 18, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co., - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 5158
Clinton Corr. Fac.
Box 2000
Dannemora, New York 12929
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6199
F/
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2003-09297 The People, etc., respondent v Laquan Stowe, appellant. (Ind. No. 2033/01)
| 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 May 29, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is 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 May 29, 2003.
FLORIO, J.P., H. MILLER, SCHMIDT, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6172
F/
REINALDO E. RIVERA, J.
|
2003-08499
The People, etc., plaintiff, v Herbert Thompson, defendant. (Ind. No. 1477/78)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 14, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
REINALDO E. RIVERA
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6332
F/
ROBERT W. SCHMIDT, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2001-05681 v Gary White, appellant. (Ind. No. 4449/00)
| 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 May 30, 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.
SCHMIDT, J.P., TOWNES, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
01 A 4032
Auburn Corr. Fac.
Box 618
Auburn, New York 13024
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6158
F/
STEPHEN G. CRANE, J.
|
2003-08496
The People, etc., plaintiff, v Robert White, defendant. (Ind. No. 93292)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated July 23, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
STEPHEN G. CRANE
Associate Justice