Appellate Division: Second Judicial Department
M20143
CF/
|
2004-06357 Jennifer Amico, appellant, v Nassar M. Nasrabadi, et al., respondents. (Index No. 2002/93)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Dutchess County, dated June 25, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20188
CF/
|
2004-08117 Steven B. Bauver, appellant, v Calbert L. Hamilton, respondent. (Index No. 3213/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 20, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20177
J/nal
|
2004-01237
Chase Manhattan Mortgage Corporation, respondent, v Harold Mitchell, et al., defendants, Agnes Mitchell, appellant. (Index No. 9911/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated December 4, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 18, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21035
C/nl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
ROBERT A. SPOLZINO, JJ.
|
2003-10140 Jyoti Chittur, et al., appellants, v Briarcliff Woods Condominium Association, Inc., respondent. (Index No. 15076/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay all proceedings, including the trial, in the above-entitled matter pending the hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered November 3, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., COZIER, RITTER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20151
A/nl
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-08176
Congregation Atzei Chaim, respondent, v 26 Adar N.B. Corp., et al., appellants, et al., defendants.
(Index No. 47047/96)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 13, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until March 1, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20153
J/nal
|
2004-06296 Victor Difrisco, respondent-appellant, v Lindenhurst Properties, Inc., defendant third-party plaintiff-respondent, Boston Market, defendant third-party defendant- appellant-respondent, D.M. Jeffries Development Corp., defendant-respondent. (Index No. 9244/01)
| ORDER ON APPLICATION |
Application by the appellant-respondent 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 June 17, 2004.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until March 17, 2005, and the joint record or joint appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19060
R/nl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2004-03636 Fenley & Nicol Environmental, Inc., respondent, v O.K. Petroleum International, Ltd., appellant. (Index No. 22064/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, entered March 22, 2004, or in the alternative, to direct the appellant to serve and file a supplemental record containing a copy of the settled transcript of the trial in this action and any trial exhibits not included in the record, and to enlarge the respondent's time to serve and file a brief, and cross motion by the appellant, in effect, for leave to serve and file a supplemental record containing a copy of the settled transcript of the trial.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record containing a copy of the settled transcript of the trial and any trial exhibits not included in the record is granted and the appellant shall settle the transcript of the trial in this action, and serve and file a supplemental record containing the settled transcript and any trial exhibits not included in the record on or before February 23, 2005; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a respondent's brief is granted and the respondent's time to serve and file a brief is enlarged until March 25, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the cross-motion is denied as academic.
RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20187
CF/
|
2004-08644 Yolanda Franklin, appellant, v Steve Dyckoff, et al., respondents. (Index No. 1036/02)
| 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 17, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Supreme Court of the State of New York
Appellate Division: Second Judicial Department
M20178
CF/
|
2004-04943, 2003-11096, 2004-04945 Gihon, LLC, respondent, v 501 Second Street LLC, appellant. (Index No. 3446/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant on appeals from and order and judgment (one paper) of the Supreme Court, Kings County, dated November 13, 2003, and an order of the same court dated October 22, 2003, and an amended order of the same court dated April 28, 2004, to withdraw the appeal from the amended order dated April 28, 2004 (Appellate Division Docket No. 2004-04945).
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 from the amended order dated April 28, 2004, pending under Appellate Division Docket No. 2004-04945, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20064
M/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-07478, 2004-07947 Patrick O. Ingle, respondent, v Sheung C. Ingle, appellant. (Index No. 5066/02)
| SCHEDULING ORDER |
Appeals by Sheung C. Ingle from two orders of the Supreme Court, Dutchess County, dated June 30, 2004, and September 2, 2004, respectively. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeals by serving and filing the record or the appendix and the brief on the appeals is enlarged until January 31, 2005; and it is further,
ORDERED that no further enlargement of time shall be granted.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20086
M/nal
|
2004-09446 Janice Jefferson, appellant, v William Jefferson, respondent. (Index No. 1713/00)
| SCHEDULING ORDER |
Appeal by Janice Jefferson from an order a of the Supreme Court, Orange County, dated August 25, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal is enlarged until February 3, 2005, and the record or appendix and the appellant's brief shall be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20107
C/nl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-10938 Charles Luscher, etc., respondent, v Anibal Arrua, appellant. (Index No. 7796/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated November 17, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 4, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 4, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
KRAUSMAN, J.P., MASTRO, SPOLZINO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19231
CF/
|
2004-06917 Noel McLennon, et al., appellants, v Gerald Pasahow, et al., respondents. (Index No. 18762/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, entered July 21, 2004.
Upon the stipulation of the parties, dated November 29, 2004, it is
ORDERED that the appeal insofar as asserted against Pearl N. Teel is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20186
CF/
|
2004-08338 Thomas Nino, et al., appellants, v R.M. Resources, Inc., et al., appellants. (Index No. 16518/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, dated August 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20147
J/nal
|
2004-05126 Frieda Pinchas, respondent, v Rafael Pinchas, appellant. (Index No. 2088/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated March 10, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 2, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20190
CF/
|
2004-07220 Debra Posillico, respondent, v Neil Posillico, appellant. (Index No. 201005/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated August 3, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20191
CF/
|
2004-07671 Debra Posillico, respondent, v Neil Posillico, appellant. (Index No. 201005/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 3, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20142
S/nl
|
2004-03192 Ann Power, respondent, v Manhattan and Bronx Surface Transit Operating Authority, et al., appellants. (Index No. 11232/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated March 8, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 27, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20180
CF/
|
2004-06031, 2004-07628 Hayat S. Raja, respondent, v Quarratulain T. Siddiqui, et al., appellants. (Action No. 1) Hayat S. Raja, respondent, v Quarratulain T. Siddiqui, et al., respondents-appellants; Robert Paul Gasalberti, etc., appellant-respondent. (Action No. 2) (Index No. 12482/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by Robert Paul Gasalberti, an appellant in Action No. 1 and the appellant-respondent in Action No. 2, to withdraw appeals from an order of the Supreme Court, Richmond County, dated May 24, 2004, and a judgment of same court dated July 6, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals by Robert Paul Gasalberti are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20189
CF/
|
2004-02198 S.N.H.N.C.Y.I., Inc., appellant-respondent, v City of Mount Vernon, et al., respondents- appellants. (Index No. 12509/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondents-appellants to withdraw a cross appeal from an order of the Supreme Court, Westchester County, dated February 2, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20137
C/nl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON, JJ.
|
2003-10412, 2004-05167 Victor Schlesinger, etc., appellant, v Nathan Schlesinger, a/k/a Naftoli Schlesinger, a/k/a Nat Schlesinger, et al., respondents; Kolel Damasek Eliezer, amicus-respondent. (Index No. 27246/00)
| DECISION & ORDER ON MOTION |
Motion by the amicus-respondent on appeals from two orders of the Supreme Court, Kings County, dated October 1, 2003, and May 13, 2004, respectively, to vacate the injunction granted by this court in a decision and order on motion dated July 9, 2004, on the ground that the appellant has failed to comply with a decision and order on motion of this court dated December 3, 2004, directing that the appellant post an undertaking in the sum of $750,000.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is,
ORDERED that the motion is granted, and the injunction granted by this court in its decision and order on motion dated July 9, 2004, is vacated.
COZIER, J.P., RITTER, KRAUSMAN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20184
CF/
|
2004-06493 Jay K. Theise, appellant, v 9W Golf, LLC, et al., respondents. (Index No. 782/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated June 25, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20005
E/nal
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-09309
Town of Putnam Valley, respondent, v Pierre Cornu, et al., appellants.
(Index No. 544/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant Pierre Cornu on an appeal from an order of the Supreme Court, Putnam County, dated September 24, 2004, in effect, to stay all proceedings in the above-entitled action and stay enforcement of the order pending hearing and determination of the appeal. Application by the appellant Pierre Cornu, for leave to submit additional papers on the motion.
Upon the papers filed in support of the motion and application and the papers filed in opposition thereto, it is
ORDERED that the application is denied; and it is further,
ORDERED that the motion is granted to the extent that enforcement of so much of the order as directs the appellants' incarceration is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 7, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 7, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
We note that Catherine Cornu-Quinn must appear either pro se or by an attorney (see CPLR 321 [c]).
KRAUSMAN, J.P., MASTRO, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20050
C/nl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-10781 Washington Mutual, respondent, v Reynaldo Taffe, appellant. (Index No. 4889/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the respondent from evicting him from the subject premises, and to enjoin the respondent from conveying title to the subject premises, pending the hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated November 29, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
KRAUSMAN, J.P., MASTRO, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19881
J/nal
|
2004-06560
Michael Zafran, appellant, v Lisa Zafran, respondent. (Index No. 26917/98)
| 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, Nassau County, dated July 15, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 22, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20104
C/nal
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-07103
In the Matter of Joseph A. (Anonymous). Orange County Department of Social Services, respondent; Dawn A. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Adam A. (Anonymous). Orange County Department of Social Services, respondent; Dawn A. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-3773-03, B-3774-03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Orange County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Orange County, dated June 28, 2004, and to grant the appellant 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 relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before January 18, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before February 9, 2005, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
KRAUSMAN, J.P., MASTRO, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20110
C/nl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-08931 In the Matter of Monique L. Boyke, respondent, v Yvette Boyke, appellant. (Docket No. O-14029/04)
| DECISION & ORDER ON MOTION |
Appeal by Yvette Boyke from an order of the Family Court, Kings County, dated September 10, 2004. By order to show cause dated December 8, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated October 25, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
On the court's own motion, and no papers having been filed in response to the order to show cause, it is,
ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated October 25, 2004 (see 22 NYCRR 670.4[a][5]).
KRAUSMAN, J.P., MASTRO, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20152
R/nal
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-11278
In the Matter of Croton Watershed Clean Water Coalition, Inc., et al., petitioners, v New York City Department of Environmental Protection, et al., respondents.
(Index No. 21923/04)
| DECISION & ORDER ON MOTION |
Motion by the petitioners for leave to appeal to this court from an order of the Supreme Court, Queens County, dated December 2, 2004, and to enjoin the respondents, inter alia, from cutting certain mature trees within Van Cortlandt Park in the Bronx pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
PRUDENTI, P.J., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20097
M/nal
|
2004-06094 In the Matter of Assane D. (Anonymous), appellant. (Docket No. D-07200/03)
| SCHEDULING ORDER |
Appeal by Assane D. from an order of the Family Court, Kings County, dated June 18, 2004. By decision and order of this court dated December 30, 2004, the following attorney was assigned as counsel on the appeal:
Michael A. Fiechter, Esq.
26 Court Street
Brooklyn, New York 11201
(718) 902-4492
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 20 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 30, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 20 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M20165
E/nal
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-08964
In the Matter of Daniel W. Dobbins, respondent, v Nancy Vartabedian, appellant. (Docket No. V-2596-98)
| DECISION & ORDER ON MOTION |
Appeal by Nancy Vartabedian from an order of the Family Court, Suffolk County, dated September 1, 2004. By order to show cause dated December 2, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated October 25, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
On the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated October 25, 2004 (see 22 NYCRR 670.4[5]).
KRAUSMAN, J.P., MASTRO, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20145
CF/
|
2004-06130 In the Matter of Estate of David Torres, deceased. Ramona Rosa, appellant; Maritza Cepeda, respondent. (File No. 195/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Surrogate's Court, Richmond County, dated June 15, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20051
M/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-07477 In the Matter of Robert Funchess, appellant, v Westchester County Department of Social Services, o/b/o Donna Sanchez, respondent. (Docket No. P-2221-89)
| DECISION & ORDER ON MOTION |
Appeal by Robert Funchess from an order of the Family Court, Westchester County, dated July 19, 2004. By decision and order on motion dated November 30, 2004, the appellant was given until December 22, 2004, to perfect the above-entitled appeal. The appeal has not been perfected.
On the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20098
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2004-05422 In the Matter of Maria Gilleo, respondent, v Priscilla Lienhard, appellant. (Docket No. V-1703-03)
| SCHEDULING ORDER |
Appeal by Priscilla Lienhard from an order of the Family Court, Dutchess County, entered June 18, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 3, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20144
CF/
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2004-06085 In the Matter of Mark Goldstein, appellant, v Lauren Epidy, respondent. (Docket No. F-1440-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Orange County, dated May 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20091
M/nal
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2004-10029
In the Matter of Hiromi Hada, appellant, v Thomas Hada, respondent. (Docket Nos. V-22311-99, V-22312-99)
| ORDER TO SHOW CAUSE |
Appeal by Hiromi Hada from an order of the Family Court, Kings County, dated October 13, 2004. By scheduling order dated November 23, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated November 23, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before January 18, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20083
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2004-09971
In the Matter of Devour R. Hodges, appellant, v Tyisha Hodges, respondent. (Docket Nos. V-4304-04, V-4620-04)
| ORDER TO SHOW CAUSE |
Appeal by Devour R. Hodges from an order of the Family Court, Nassau County, dated October 6, 2004. By scheduling order dated November 23, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated November 23, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before January 18, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20088
M/nal
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2004-04873, 2004-04877 In the Matter of Nicholas Francis K. (Anonymous). Westchester Department of Social Services, respondent; Edward K. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Tabitha Jillian K. (Anonymous). Westchester Department of Social Services, respondent; Edward K. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-9332-03, B-9333-03)
| SCHEDULING ORDER |
Appeals by Edward K. from two orders of the Family Court, Westchester County, both dated March 29, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until February 9, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20074
M/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-08586
In the Matter of Rachel Kaplan, appellant, v David Elmekies, respondent. (Docket No. F-07062/00)
| DECISION & ORDER ON MOTION |
Appeal by Rachel Kaplan from an order of the Family Court, Kings County, dated August 25, 2004. By order to show cause dated November 19, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated October 12, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
On the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the scheduling order dated October 12, 2004, is amended to provide that the appellant's time to comply therewith is enlarged until January 18, 2005.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20090
M/nal
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2004-09949, 2004-09950
In the Matter of Mark M. (Anonymous), appellant.
(Docket No. D-02824/04)
| ORDER TO SHOW CAUSE |
Appeals by Mark M. from two orders of the Family Court, Richmond County, dated September 9, 2004, and October 20, 2004, respectively. By scheduling order dated November 23, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there were such minutes, an affidavit or affirmation that the transcripts were received, and indicating the date received; or
(3) if the transcripts were not received, an affidavit or affirmation stating that they were ordered and paid for, the date thereof and the date by which the transcripts were expected; or
(4) if the appellant was indigent and could not 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; or
(5) an affidavit or an affirmation withdrawing the appeals.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the scheduling order dated November 23, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before January 18, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19998
K/nal
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
ANITA R. FLORIO
DAVID S. RITTER
FRED T. SANTUCCI, JJ.
|
2004-01178 In the Matter of William B. Mischo, an attorney and counselor-at-law. (Attorney Registration No. 1176502)
| DECISION & ORDER VOLUNTARY RESIGNATION |
William B. Mischo has voluntarily submitted an affidavit dated January 30, 2004, wherein he resigns from the New York State Bar. Mr. Mischo 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 22, 1947. There are no complaints or charges of professional misconduct pending against him. Mr. Mischo 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 William B. Mischo, is accepted and directed to be filed; and it is further,
ORDERED that the name of William B. Mischo 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, William B. Mischo is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if William B. Mischo has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., ALTMAN, FLORIO, RITTER and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20059
M/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-01828 In the Matter of Shahzada Mohammad, respondent, v Abdul Qazi Mohammad, appellant. (Docket Nos. V-26688/99, V-27057/99)
| SCHEDULING ORDER |
Appeal by Abdul Qazi Mohammad from an order of the Family Court, Kings County, dated February 26, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until January 31, 2005; and it is further,
ORDERED that no further enlargement of time shall be granted.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20061
M/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-06412, 2004-06413 In the Matter of Shahzada Q. Mohammad, respondent, v Abdul Q. Mohammad, appellant. (Docket Nos. V-26688/99, V-27057/99)
| SCHEDULING ORDER |
Appeals by Abdul Q. Mohammad from two orders of the Family Court, Kings County, dated July 2, 2004, and June 28, 2004, respectively. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until January 31, 2005; and it is further,
ORDERED that no further enlargement of time shall be granted.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20179
CF/
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2004-06157, 2004-06161 In the Matter of Rose N. (Anonymous). Marjorie Noto, appellant; Gina Marie Reitano, et al., respondents. (Index No. 100103/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Supreme Court, Kings County, both dated May 19, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20183
CF/
|
2004-08349 In the Matter of Raymond Pincus, deceased. Josephine Pincus, appellant; Estate of Raymond Pincus, respondent. (Index No. 329849)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Surrogate's Court, Nassau County, dated August 11, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19997
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
DAVID S. RITTER
FRED T. SANTUCCI , JJ.
|
2000-03849
In the Matter of Melinda Y. Pollard, admitted as Melinda Yvette Pollard, a suspended attorney. (Attorney Registration No. 2076453)
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, Melinda Y. Pollard, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 7, 1983, under the name Melinda Yvette Pollard. By opinion and order of this court dated May 20, 1991, the respondent was suspended from the practice of law, on an unrelated matter, for a period of one year (Appellate Division Docket No. 1990-00356). By decision and order on motion of this court dated April 26, 1995, the respondent was reinstated as an attorney and counselor-at-law. By opinion and order of this court dated December 17, 2001, the respondent was suspended from the practice of law for a period of one year. By decision and order on motion of this court dated November 25, 2003, the respondent's motion for reinstatement was held in abeyance, and the matter was referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney including, but not limited to, the submission of a letter of employment from her post-suspension employer.
Upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that, effective immediately, the respondent is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Melinda Y. Pollard, admitted as Melinda Yvette Pollard, to the roll of attorneys and counselors-at-law.
PRUDENTI, P.J., FLORIO, H. MILLER, RITTER and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20185
CF/
|
2004-03760 In the Matter of Daniel Rohe, appellant, v Elaine Tilford Schneer, et al., respondents. (Index No. 1059/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated March 17, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20095
M/nal
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2003-09529 In the Matter of Jahmeiah S.-W. (Anonymous). Administration for Children's Services, respondent; Kera S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Naijuwan D. (Anonymous). Administration for Children's Services, respondent; Kera S. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-02915/02, N-02916/02)
| SCHEDULING ORDER |
Appeal by Kera S. from an order of the Family Court, Richmond County, dated October 2, 2003. The appellant's brief was filed in the office of the Clerk of this court on January 3, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M19268
C/nl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-05115 In the Matter of Martina April T. (Anonymous). Administration for Children's Services, petitioner- respondent; Martin Mc. (Anonymous), appellant, et al., respondent. (Docket No. B-2024/00)
| DECISION & ORDER ON MOTION |
Appeal by Martin Mc. from an order of the Family Court, Queens County, dated May 11, 2004. By order to show cause dated December 10, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a decision and order on motion of this court dated October 25, 2004, which granted the appellant leave to renew a motion for leave to prosecute the appeal as a poor person on or before December 1, 2004.
On the court's own motion, and no papers having been filed in response to the order to show cause, it is,
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this court dated October 25, 2004.
KRAUSMAN, J.P., MASTRO, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20146
S/nl
|
2003-10846 In the Matter of Town of Huntington, petitioner, v New York State Board of Real Property Services, et al., respondents.
| ORDER ON APPLICATION |
Application by the respondent Cold Spring Harbor Central School District pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in a proceeding pursuant to RPTL 1218.
ORDERED that the application is granted and the movant's brief which was submitted to the Clerk of this court on January 4, 2005, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19896
F/
BARRY A. COZIER, J.
|
2004-09593 The People, etc., plaintiff, v Kenneth Benning, defendant. (Ind. No. 3397/98)
| 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, Queens County, dated August 20, 2004, 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.
BARRY A. COZIER
Associate Justice
Appellate Division: Second Judicial Department
M20022
F/
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-02782
The People, etc., respondent, v Ernest Curry, appellant. (Ind. No. 1046/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered January 5, 2004, as amended February 17, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Richard A. Mastrocola, Esq.
145 Willis Avenue
Mineola, New York 11501
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.
KRAUSMAN, J.P., MASTRO, SPOLZINO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 0295
Cayuga Corr. Fac.
Box 1186
Moravia, New York 13118
Appellate Division: Second Judicial Department
M20016
F/
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-07642 The People, etc., respondent, v John DeRuggiero, appellant. (Ind. No. 15/04)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered August 10, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on November 5, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
David Goodman, Esq.
Public Defender
22 Market Street
Poughkeepsie, New York 12601
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto; it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Gary Eisenberg, Esq.
129 Brooks Avenue
Monroe, New York 10950
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 if 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 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.
KRAUSMAN, J.P., MASTRO, SPOLZINO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
Please make inquiry to the State Inmate Locator
New York State Department of Correctional Services
Telephone: (518) 457-0043
Appellate Division: Second Judicial Department
M20027
F/
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2004-10499
The People, etc., respondent, v Samuel Gardner, appellant. (Ind. No. 6805/01)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the appellant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered March 3, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondents' briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated in or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion or in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
The Legal Aid Society
199 Water Street - 5th Floor
New York, New York 10038
and 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.
KRAUSMAN, J.P., MASTRO, SKELOS, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 1687
Clinton Corr. Fac.
P.O. Box 2002
Comstock, New York 12929
Appellate Division: Second Judicial Department
M19897
F/
BARRY A. COZIER, J.
|
2004-09256 The People, etc., plaintiff, v Charles Hoover, defendant. (Ind. No. 5665/00)
| 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 23, 2004, 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.
BARRY A. COZIER
Associate Justice
Appellate Division: Second Judicial Department
M19899
F/
HOWARD MILLER, J.
|
2004-10340 The People, etc., plaintiff, v David Johnson, a/k/a Tito Greene, defendant. (Ind. No. 2439/01)
| 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, Queens County, dated October 15, 2002, 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.
HOWARD MILLER
Associate Justice
Appellate Division: Second Judicial Department
M20026
F/
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-05433
The People, etc., respondent, v Ronald Maderias, a/k/a Ronald Madeiras, appellant. (Ind. No. 03-01497)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered May 27, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Stephen J. Pittari, Esq.
Legal Aid Society of Westchester County
One North Broadway, 9th Floor
White Plains, New York 10601
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.
SCHMIDT, J.P., COZIER, CRANE, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 3153
Mid-Orange Corr. Fac.
900 Kings Highway
Warwick, New York 10990-0900
Appellate Division: Second Judicial Department
M20028
F/
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT, JJ.
|
2004-06471 The People, etc., respondent, v Wayne Mathews, a/k/a Wayne Matthews, appellant. (Ind. No. 5422/02)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered July 7, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on November 30, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto; it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
The Legal Aid Society
199 Water Street - 5th Floor
New York, New York 10038
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 if 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 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.
PRUDENTI, P.J., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 3914
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M20015
F/
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-10300 The People, etc., plaintiff, v Charles Mayo, defendant. (Ind. No. 1777-03)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Suffolk County, rendered December 2, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
KRAUSMAN, J.P., MASTRO, SPOLZINO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20013
F/
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-10301 The People, etc., plaintiff, v Charles Mayo, defendant. (Ind. No. 94-04)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Suffolk County, rendered February 24, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
KRAUSMAN, J.P., MASTRO, SPOLZINO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20023
F/
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2003-08172 The People, etc., respondent, v Derrick McFadden, appellant. (Ind. No. 10912/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an
appeal from a judgment of the Supreme Court, Queens County, rendered September 9, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
KRAUSMAN, J.P., MASTRO, SKELOS, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20148
A/nl
THOMAS A. ADAMS, J.P.
BARRY A. COZIER
DAVID S. RITTER
PETER B. SKELOS, JJ.
|
2002-11147 The People, etc., respondent, v Wayne Palmer, appellant. (Ind. No. 1449/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered December 2, 2002, for leave to renew and reargue a motion for leave to serve and file a supplemental pro se brief, which was determined by decision and order on motion of this court dated December 1, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., COZIER, RITTER and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20024
F/
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-06198
The People, etc., respondent, v Kayson Pearson, appellant. (Ind. No. 03-00747)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered June 29, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Stephen J. Pittari, Esq.
Legal Aid Society of Westchester County
One North Broadway, 9th Floor
White Plains, New York 10601
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.
SCHMIDT, J.P., COZIER, CRANE, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 4176
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562-5442
Appellate Division: Second Judicial Department
M20018
F/
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2003-01907 The People, etc., respondent, v George E. Tissiera, appellant. (Ind. No. 41/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Dutchess County, rendered February 26, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 adv ise the appellant of the date by which the minutes are to be returned and the brief filed.
KRAUSMAN, J.P., MASTRO, SPOLZINO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 R 1247
Gouverneur Corr. Fac.
Box 480
Gouverneur, New York 13642
Appellate Division: Second Judicial Department
M20149
C/nal
ANITA R. FLORIO, J.P.
HOWARD MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2002-05727
The People, etc., respondent, v Ryan Wagner, appellant. (Ind. No. 2452/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered January 9, 2002, inter alia, for leave to renew and reargue the respondent's motion to strike portions of the appellant's brief on the ground that it refers to matters dehors the record or contains scandalous or prejudicial material, which was determined by decision and order on motion of this court dated November 5, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to serve and file a replacement brief is enlarged until February 14, 2005.
FLORIO, J.P., H. MILLER, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19882
K/sl
BARRY A. COZIER, J.
|
2004-02780 The People, etc., plaintiff, v David Williams, a/k/a DeAndre Taharka D. Williams, defendant. (Ind. Nos. 80-00105, 88-00581)
| DECISION & ORDER ON MOTION |
Motion by the defendant for reargument of an application 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, Westchester County, dated September 30, 2003, which application was determined by me in a decision and order on application dated July 7, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
BARRY A. COZIER
Associate Justice