Appellate Division: Second Judicial Department
M20193
R/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-03589 Abdo H. Alkaifi, respondent, v Celestial Church of Christ Calvary Parish, appellant, et al., defendants.
(Index No. 17021/98)
| DECISION & ORDER ON MOTION |
Motion by Gary Filippo, counsel for the appellant, on an appeal from an order of the Supreme Court, Queens County, dated April 7, 2004, in effect, to vacate so much of a decision and order on motion of this court dated November 1, 2004, as directed him to pay a sanction in the amount of $1,500 to the Lawyer's Fund for Client Protection (see 22 NYCRR 130-1.1[c][1]).
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.
RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20192
S/sl
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2004-06171
Arlene Burger, appellant, v Frank Singh, etc., et al., respondents. (Index No. 5414/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated March 11, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 7, 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
M20208
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
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2004-04333 Meir Davidson, et al., respondents, v Krause Enterprises, et al., appellants. (Index No. 20344/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 21, 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.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20196
S/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
STEVEN W. FISHER, JJ.
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2004-05859 Thomas DeRuiter, appellant, v High End Home Improvements, Inc., et al., respondents. (Index No. 19509/02)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from an order of the Supreme Court, Kings County, dated April 14, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered on the default of the aggrieved party (see Lumbermen's Mut. Cas. Co. v Fireman's Fund Am. Ins. Co., 117 AD2d 588).
KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20159
E/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
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2003-06776 Leonardo Fontani, appellant, v Joseph Hershowitz, a/k/a Joseph Ghershowitz, et al., respondents. (Index No. 6101/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated July 8, 2003, which was determined by decision and order of this court dated November 29, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., RITTER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20197
PL/sl
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2004-10561 Matthew Galit, et al., appellants, v Town of Islip, et al., respondents. (Index No. 23865/01)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated May 4, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 1, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20211
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
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2004-01605
Robert J. Hayden, respondent, v P. Zarkadas, P.C., et al., appellants. (Index No. 30462/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to serve and file a reply brief on an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, entered January 9, 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 serve and file a reply brief is enlarged until January 18, 2005, and the reply brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20194
S/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2004-08771 Vitaliy Ishakov, appellant, v Colin F. Dorney, et al., respondents. (Index No. 019543/01)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from an order of the Supreme Court, Queens County, dated August 30, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered on the default of the aggrieved party (see CPLR 5511).
We note that since the order was entered on the appellant's default the proper remedy is to move to vacate the default (see Murphy v Murphy, 212 AD2d 583).
KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20207
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-11126 Phyllis Koss, appellant, v David Koss, respondent.
(Index No. 13954/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this court from an order of the Supreme Court, Westchester County, dated November 29, 2004, and to stay enforcement of so much of the order as reduced the respondent's unallocated support to the sum of $350 per week and to direct him to pay unallocated support in the sum of $500 per week 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 is denied as unnecessary; and it is further,
ORDERED that the branch of the motion which is for a stay is granted, enforcement of so much of the order dated November 29, 2004, as reduced the respondent's unallocated support to the sum of $350 per week as of January 1, 2005, is stayed pending hearing and determination of the appeal and the respondent shall pay to the appellant the sum of $500 per week for unallocated support 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.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20210
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-00800, 2004-00801
Solomon Mesholam, appellant, v Isabelle Helene Mesholam, respondent. (Index No. 21826/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect appeals from a judgment of the Supreme Court, Nassau County, entered March 11, 2003, and an order of the same court entered August 15, 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 it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged until February 7, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20204
J/sl
|
2004-06354
Louis Pate, appellant, v John Pate, et al., respondents.
(Index No. 13352/03)
| 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, Richmond County, dated June 30, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20160
E/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2003-02843, 2003-02845 Mohammed Sayed, a/k/a Mohey Sayed, et al., appellants-respondents, v John Rapp, et al., respondents-appellants. (Index No. 21020/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents for leave to appeal to the Court of Appeals from a decision and order of this court dated September 27, 2004, which determined appeals and cross appeals from a decision of the Supreme Court, Queens County, dated January 16, 2003, and a judgment of the same court entered March 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.
COZIER, J.P., KRAUSMAN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20198
J/sl
|
2004-06040 Victory State Bank, appellant, v Control Electrical Contracting Corp., et al., respondents. (Index No. 12502/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated May 28, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 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
M20195
S/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2004-05755 Margarita Walter, appellant, v John Walter, appellant. (Index No. 17328/01)
| DECISION & ORDER ON MOTION |
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, Westchester County, dated May 26, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order of reference (see Mortgage Affiliates Corp. v Jerder Realty Servs., 62 AD2d 591, 594-595); and it is further,
ORDERED that the application is denied as academic.
KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20223
Y/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-02661 Patricia Yak, etc., respondent, v Estate of Dorothy Rew Grant, et al., appellants. (Index No. 18693/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered February 17, 2004.
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 it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until March 8, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20171
S/sl
ANITA R. FLORIO, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2002-06543 In the Matter of Niena Cooper-Winfield, respondent, v Herman Gary, appellant. (Docket No. O-01702/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 29, 2004, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court dated July 6, 2004, which determined an appeal from an order of the Family Court, Kings County, dated June 28, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., GOLDSTEIN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20173
S/sl
ANITA R. FLORIO, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
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2003-01470 In the Matter of Niena Cooper-Winfield, a/k/a Niena Winfield, respondent, v Herman Gary, appellant. (Docket No. O-01702-02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 29, 2004, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant, in effect, for leave to reargue an appeal from an order of the Family Court, Kings County, dated January 13, 2003, which was determined by decision and order of this court dated October 4, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., GOLDSTEIN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20112
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
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2004-06571 In the Matter of Lorna D. (Anonymous), respondent, v Colin Anderson A. (Anonymous), appellant. (Docket No. P-2453-01)
| DECISION & ORDER ON MOTION |
Motion by the respondent pro se for leave to defend an appeal from an order of the Family Court, Kings County, dated July 6, 2004, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defend the appeal:
Mark Diamond, Esq.
Box 287356
Yorkville Station
New York, New York 10128
(212) 876-8335
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.
COZIER, J.P., RITTER, LUCIANO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20094
M/nal
|
2004-10151
In the Matter of Catherine Eadicicco, respondent, v Daniel Lupo, appellant. (Docket No. O-1581-04)
| ORDER TO SHOW CAUSE |
Appeal by Daniel Lupo from an order of the Family Court, Richmond County, dated October 18, 2004. By scheduling order dated November 26, 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 26, 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 24, 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
M20092
M/nal
|
2004-10292
In the Matter of Keshauna G. (Anonymous). Suffolk County Department of Social Services, et al., respondents; Denise H. (Anonymous), appellant. (Docket Nos. N-1657-01, N-1658-01, A-319-04, A-361-04)
| ORDER TO SHOW CAUSE |
Appeal by Denise H. from an order of the Family Court, Suffolk County, dated October 18, 2004. By scheduling order dated November 29, 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 29, 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 24, 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
M20118
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-02522, 2004-02524 In the Matter of Shondel Jackson, respondent, v Mark DeSouza, appellant. (Docket No. P-6630-00)
| DECISION & ORDER ON MOTION |
Motion by the respondent pro se for leave to defend appeals from two orders of the Family Court, Kings County, dated October 20, 2003, and February 16, 2004, respectively, 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:
Steven P. Forbes, Esq.
90-50 Parsons Blvd. - Suite 401
Jamaica, New York 11432
(718) 791-8444
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.
COZIER, J.P., RITTER, LUCIANO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20163
E/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-08918, 2004-08919
In the Matter of Angel Steven L. (Anonymous), appellant. (Docket No. D-18264-02)
| DECISION & ORDER ON MOTION |
Appeals by Angel Steven L. from two orders of the Family Court, Kings County, dated July 30, 2004, and September 8, 2004, respectively. 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated October 21, 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 appeals are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated October 21, 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
M20216
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-05880
In the Matter of Wanda Riccio, respondent, v Paul Riccio, appellant. (Docket No. V-284-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Family Court, Richmond County, dated June 7, 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 referred to the Clerk of this court to issue a scheduling order pursuant to section 22 NYCRR 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]).
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20150
R/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-04757 In the Matter of Yevgenia Shockome, appellant, v Timothy E. Shockome, respondent.
(Docket Nos. O-05156-02, O-05157-02, V-05620-02, V-05621-02, O-05362-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay all proceedings in the above-entitled matter pending hearing and determination of an appeal from an order of the Family Court, Dutchess County, dated May 10, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20181
O/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
ANITA R. FLORIO
ROBERT A. LIFSON, JJ.
|
2004-11300 In the Matter of Suffolk County Child Protective Services, o/b/o Kevin S. (Anonymous), petitioner- respondent; Dorothy S. (Anonymous), respondent- respondent; Janis M. Noto, nonparty-appellant. (Proceeding No. 1) In the Matter of Suffolk County Child Protective Services, o/b/o Michael S. (Anonymous), petitioner- respondent; Dorothy S. (Anonymous), respondent- respondent; Janis M. Noto, nonparty-appellant. (Proceeding No. 2) In the Matter of Suffolk County Child Protective Services, o/b/o Joseph S. (Anonymous), petitoner- respondent; Dorothy S. (Anonymous), respondent- respondent; Janis M. Noto, nonparty-appellant. (Proceeding No. 3) (Docket Nos. N 965-03, N 966-03, N 967-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, dated December 15, 2004, in effect, to stay enforcement of that portion of the order which placed Kevin S. in the custody of the petitioner-respondent, to enjoin the petitioner-respondent from removing Kevin S. from his parents' home, to give the parents temporary custody of Kevin S., and to direct home-schooling of Kevin S. by his parents.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of that portion of the order which placed Kevin S. in the custody of the petitioner-respondent is granted, and Kevin S. shall remain in the custody of his parents on condition that (1) the appeal is perfected on or before February 22, 2005, (2) Kevin S. attends the local public school or receives academic instruction from an authorized agency, and (3) the mother, Dorothy S., continues to attend therapy; and it is further,
ORDERED that in the event that (1) the appeal is not perfected on or before February 22, 2005, or (2) Kevin S. does not attend the local public school or receive academic instruction from an authorized agency, or (3) the mother Dorothy S. does not attend therapy, the court, on its own motion, may vacate the stay, or the petitioner-respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
COZIER, J.P., RITTER, FLORIO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20093
M/nal
|
2004-10290
In the Matter of Kevin Williams, respondent, v Loretta Bentley, appellant. (Docket Nos. V-20982/03, V-20983-03, V-20984-03)
| ORDER TO SHOW CAUSE |
Appeal by Loretta Bentley from an order of the Family Court, Suffolk County, dated October 25, 2004. By scheduling order dated November 29, 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 29, 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 24, 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
M20164
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-10369
The People, etc., respondent, v Kevin Affoon, appellant. (Ind. No. 1614/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered November 19, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Marianne Karas, Esq.
Box 277
Armonk, New York 10504
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
COZIER, J.P., RITTER, LUCIANO, and LIFSON, 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
M19905
F/
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT, JJ.
|
2003-05350 The People, etc., respondent, v Marquise Boynton, appellant. (Ind. No. 02-00007)
| 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, Westchester County, rendered June 2, 2003 . The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on December 9, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Donald H. Zuckerman, Esq.
P.O. Box 460
Pound Ridge, New York 10576
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:
Jason M. Bernheimer, Esq.
200 Business Park Drive
Armonk, New York 10504
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:
03 A 4586
Green Haven Corr. Fac.
P.O. Box 4000
Stormville, New York 12582-0010
Appellate Division : Second Judicial Department
M20155
F/
GLORIA GOLDSTEIN, J.
|
2004-10342 The People, etc., plaintiff, v Nathaniel Cook, defendant. (Ind. No. 730-02)
| 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, Suffolk County, dated July 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.
GLORIA GOLDSTEIN
Associate Justice
Appellate Division : Second Judicial Department
M20156
F/
ANITA R. FLORIO, J.
|
2004-08592 The People, etc., plaintiff, v Jose Echavarria, defendant. (Ind. No. 9462/01)
| 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, Kings 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.
ANITA R. FLORIO
Associate Justice
Appellate Division: Second Judicial Department
M20139
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-10616
The People, etc., plaintiff, v Omar Ferrufino, defendant. (Ind. No. 2940-95)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered August 11, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., RITTER, LUCIANO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 4648
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M20174
F/
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-09306
The People, etc., respondent, v Roman Gutierrez, appellant.
(Ind. No. 4547/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered December 10, 2003, and for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to extend the time to take the appeal is granted; and it is further,
ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20140
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-10619
The People, etc., respondent, v Karvia Hamilton, appellant. (Ind. No. 03-00890)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Westchester County, rendered September 21, 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:
Steven C. Davidson, Esq.
2 Gannett Drive - Suite 102
White Plains, New York 10604
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.
COZIER, J.P., RITTER, LUCIANO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 5214
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M20020
F/
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT, JJ.
|
2003-06982 The People, etc., respondent, v Conroy Harris, appellant. (Ind. No. 02-01495)
| 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 an amended judgment of the Supreme Court, Westchester County, rendered July 16, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on September 15, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Donald H. Zuckerman, Esq.
P. O. Box 460
Pound Ridge, New York 10576
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:
Scott M. Bishop, Esq.
50 Main Street
White Plains, New York 10606
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:
03 A 4019
Gouverneur Corr. Fac.
P.O. Box 480
Gouverneur, New York 13642-0370
Appellate Division: Second Judicial Department
M19907
F/
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT, JJ.
|
2004-00264 The People, etc., respondent, v Dimas Lopez, appellant. (Ind. No. 02-00745)
| 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, Westchester County, rendered December 15, 2003 . The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on August 23, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Donald H. Zuckerman, Esq.
P.O. Box 460
Pound Ridge, New York 10576
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:
Richard Birnbaum, Esq.
200 Mamaroneck Avenue
White Plains, New York 10601
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:
03 A 6791
Lakeview Corr. Fac.
Box T
Brocton, New York 14716
Appellate Division: Second Judicial Department
M20138
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-01991, 2004-01992 The People, etc., respondent, DECISION & ORDER v Robert Mackey, appellant.
(Ind. Nos. 2865-02, 2945-03)
| ON MOTION Motion Pro se to Relieve Counsel of Assignment |
Motion by the appellant pro se to relieve counsel assigned to prosecute appeals from two judgments of the County Court, Suffolk County, both rendered January 23, 2004, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on April 7, 2004, and the following named attorney was assigned to prosecute the appeals:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; previously 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 to prosecute the appeals:
Andrew S. Worgan, Esq.
30 Colby Drive
Kings Park, New York 11754
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 pre-sentence 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 appeals 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.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20042
F/
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2001-07602 The People, etc., respondent, v Winston Mendez, a/k/a Richard Thomas, appellant. (Ind. No. 1791/00)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered July 19, 2001, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20162
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT F. LIFSON, JJ.
|
2004-07085
The People, etc., respondent, v Ramon Santos Mispas, appellant. (Ind. No. 03-00989)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered July 30, 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 opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M20158
F/
THOMAS A. ADAMS, J.
|
2004-10338
The People, etc., plaintiff, v Byron Ortiz, defendant. (Ind. No. 6176/91)
| 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 September 17, 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.
THOMAS A. ADAMS
Associate Justice
Appellate Division: Second Judicial Department
M20161
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT F. LIFSON, JJ.
|
2004-10471
The People, etc., respondent, v Anthony Parker, a/k/a Alvin Walker, appellant. (Ind. No. 3904/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered November 5, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20141
F/
BARRY A. COZIER, JJ.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-10379
The People, etc., plaintiff, v Rafael Sims, appellant.
(Ind. No. 04-00233)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Orange County, rendered October 15, 2004, and for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to extend the time to take the appeal is granted; and it is further,
ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M20157
F/nl
GLORIA GOLDSTEIN, J.
|
2004-10639
The People, etc., plaintiff, v Wayne Spaulding, defendant. (Ind. No. 2667/95)
| 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, Queens County, dated October 29, 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.
GLORIA GOLDSTEIN
Associate Justice
Appellate Division: Second Judicial Department
M19434
F/
DANIEL F. LUCIANO, J.
|
2004-06113
The People, etc., plaintiff, v Darren Staton, defendant. (Ind. No. 2606/93)
| 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, Queens County, dated June 10, 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.
DANIEL F. LUCIANO
Associate Justice
Appellate Division: Second Judicial Department
M20089
A/sl
FRED T. SANTUCCI, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2003-02820 The People, etc., respondent, v Gregory Tate, appellant. (Ind. No. 1127/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered March 27, 2003, to relieve retained counsel, for leave to prosecute the appeal as a poor person, and for the assignment of new counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to relieve retained counsel is granted; and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person, and for the assignment of new counsel are denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction, and (4) the amount and source of funds paid to obtain the transcript of the proceedings in the above-entitled case.
SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20123
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2003-09325 The People, etc., respondent, v Bashon Taylor, appellant. (Ind. No. 4236/02)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the appellant pro se to relieve assigned counsel on an appeal from a judgment of the Supreme Court, Queens County, rendered October 22, 2003, and for the assignment of new counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 5794
Clinton Corr. Fac.
Box 2002
Dannemora, New York 12929
Appellate Division : Second Judicial Department
M20154
F/
GABRIEL M. KRAUSMAN, J.
|
2004-02779
The People, etc., plaintiff, v John Zoccoli, defendant. (Ind. No. 93692)
| 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 February 18, 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.
GABRIEL M. KRAUSMAN
Associate Justice