01-13-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR JANUARY 13, 2005

TITLE	Case Number
Bank of New York v Ortiz	2004-00606
Chamberlain v Chamberlain	2004-06816 +1
D'Arco v Pagano	2004-00914
Dubi v Jericho Fire District	2004-01058 +1
Eichhorn v Lindenmere Management Corp.	2004-08691
Gonzalez v Gonzalez, n/k/a Quinories	2004-06757
Lester v Braue	2003-11189
Perell v Krause	2003-04883 +6
Sauvigne v Andrea Electronics Corp.	2004-04620
Mtr of C. (Anonymous), Alexis; C., Cheyenne;	2004-09520 +1
Mtr of D. (Anonymous), Nikson; Corporation Co	2004-05610
Mtr of Herman v Herman	2002-09833
Mtr of Horn v Watkins	2004-11168
Mtr of Levande v Levande	2004-05797
Mtr of M. (Anonymous), Sanjeeda; Administrati	2004-11327
Mtr of Medovaya v Medovoy	2005-00310
Mtr of Notre Dame Leasing Limited Partnership	2004-07271
Mtr of P. (Anonymous), Enrique; P., Alexa;, L	2004-07872
Mtr of Perez v Villamil	2004-08260
Mtr of Rochester v Rochester	2005-00200
Mtr of University Towers Associates v Senior	2004-10759
Peo v Aldeberto, Loaiza	2004-01285
Peo v Alicea-Cruz, Norma	2005-00367
Peo v Allan, Bakhosheq	2004-10636
Peo v Alvarez, Charleston R.	2004-06103
Peo v Barr, Gene	2003-10958
Peo v Bermudez, Alexander	2004-10384
Peo v Bray-Collazo, Debra	2004-10102
Peo v Clinding, Theresa	2004-07955
Peo v Dominguez, Salvador Garcia	2004-04321
Peo v Grayson, Oriley	2004-10169
Peo v Jones, Anthony, a/k/a Lewis, Anthony	2002-09388
Peo v Martinez, Andres	2004-11009
Peo v Morgan, Carl T.	2003-09389
Peo v Page, Cornelius	2003-05465
Peo v Pittam, Indar	2003-05795
Peo v Player, Najee	2001-07389
Peo v Sepulveda, Christopher	2004-06707
Peo v Small, Noah	2002-00631
Peo v Sullen, Jerome	2004-08904
Peo v Tinsley, Jason	2004-10381 +1
Peo v Twitty, Anthony	2004-10341
Peo ex rel. Lewis v Phillips	2004-08323
Peo ex rel. Marshall v Warden	2003-01030

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Appellate Division: Second Judicial Department

M20452

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-00606
Bank of New York, etc., plaintiff-respondent, v
Jaime Ortiz, et al., appellants, et al., defendants;
Kenneth Racktoo, intervenor-respondent.
(Index No. 7784/98)

DECISION & ORDER ON MOTION

Motion by the appellant Jaime Ortiz to recall and vacate so much of a decision and order on motion of this court dated November 16, 2004, as dismissed his appeal from an order of the Supreme Court, Queens County, dated December 22, 2003, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

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

ORDERED that so much of a decision and order on motion of this court dated November 16, 2004, as dismissed an appeal of the plaintiff Jaime Ortiz, is recalled and vacated, and the appeal of Jaime Ortiz is reinstated; and it is further,

ORDERED that the time of the appellant Jaime Ortiz to perfect his appeal is enlarged until February 16, 2005, and the record or appendix on appeal and that appellant's brief must be served and filed on or before that date.

FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20292

M/nal

2004-06816, 2004-09562
Karen Elizabeth Chamberlain, appellant,
v Mark Henry Chamberlain, respondent.
(Index No. 28483/99)

SCHEDULING ORDER

Appeals by Karen Elizabeth Chamberlain from a judgment of the Supreme Court, Suffolk County, dated June 29, 2004 and an order and judgment (one paper) of the same court dated October 18, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 28, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20406

A/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2004-00914
Dominic D'Arco, Jr., etc., et al., appellants,
v Angelina Pagano, respondent.
(Index No. 30018/00)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated December 19, 2003.

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

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

ORDERED that the appellants' time to perfect the appeal is enlarged until March 14, 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 the appellants' time to perfect the appeal shall be granted; and it is further,

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until May 13, 2005; and it is further,

ORDERED that the appellants' reply brief, if any, must be served and filed on or before June 2, 2005.

FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20371

E/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-01058, 2004-05605

Richard Dubi, etc., et al., appellants,
v Jericho Fire District, et al., respondents.
(Index No. 01-13610)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeals from two orders of the Supreme Court, Suffolk County, dated January 5, 2004, and May 3, 2004, respectively, to strike a brief filed by attorneys Lambert & Weiss on behalf of the respondent Richard Schiraldi.

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

ORDERED that the motion is granted unless on or before January 28, 2005, the respondent Richard Schiraldi moves to strike the brief filed by Morris, Duffy, Alonso & Fahey, LLP, to the extent it was filed on his behalf; and it is further,

ORDERED that the appellants' reply brief shall be served and filed either on or before February 14, 2005, if the respondent Richard Schiraldi does not make a motion in accordance herewith, or if he does make such a motion the appellants shall be given a date to file their reply brief when that motion is determined.

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20410

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HOWARD MILLER, J.P.

FRED T. SANTUCCI

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-08691

Fred Eichhorn, et al., appellants,
v Lindenmere Management Corp., et al.,
respondents.
(Index No. 30405/03)

DECISION & ORDER ON MOTION
Motion To Dismiss Appeal

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, entered August 23, 2004, on the ground that it was not timely taken.

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., SANTUCCI, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20461

M/nal

2004-06757
John Gonzalez, appellant,
v Phyllis Gonzalez, n/k/a Quinories, respondent.
(Index No. 27091-00)

SCHEDULING ORDER

Appeal by John Gonzalez from an order of the Supreme Court, Suffolk County, dated June 30, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 5, 2004, and the respondent's brief was served and filed on December 27, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until January 31, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20408

A/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2003-11189
Sean Lester, et al., appellants, v
Francis Braue, et al., respondents.
(Index No. 20430/02)

DECISION & ORDER ON MOTION

Motion by the appellant Joseph Sadowski, pro se, inter alia, for a preference in the calendaring of an appeal from an order of the Supreme Court, Nassau County, entered December 18, 2003.

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

ORDERED that the motion is denied.

FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20455

E/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-04883, 2003-06120, 2003-09876,
2003-09877, 2004-02397, 2004-04358,
2004-07147
Stephanie Perell, respondent,
v Clifford Krause, appellant.
(Index No. 5586/98)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate stated portions of a decision and order on motion of this court dated November 5, 2004, which, inter alia, dismissed appeals from an order of the Supreme Court, Westchester County, dated June 30, 2004 (Appellate Division Docket No. 2004-07147), a judgment of the same court entered April 15, 2003 (Appellate Division Docket No. 2003-04883), an order of the same court dated January 17, 2003 (Appellate Division Docket No. 2003-09877), two orders of the same court, both dated May 27, 2003 (Appellate Division Docket Nos. 2003-06120 and 2003-09876), a judgment of the same court entered February 23, 2004 (Appellate Division Docket No. 2004-02397), and a judgment of the same court dated November 25, 2003 (Appellate Division Docket No. 2004-04358), to reinstate the appeals, to enlarge the time to perfect the appeals, and for leave to reargue his motion, inter alia, to stay his incarceration directed by an order of the same court dated February 26, 2001, and which directive was continued by the judgment entered April 15, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., RITTER, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20390

S/sl

2004-04620

Christopher P. Sauvigne, appellant,
v Andrea Electronics Corp., respondent.
(Index No. 12098/03)

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, Nassau County, dated March 2, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 17, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20339

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-09520, 2004-09620
In the Matter of Alexis C. (Anonymous).
Administration for Children's Services, respondent;
Damien N., (Anonymous), et al., appellants.
(Proceeding No. 1)
In the Matter of Cheyenne C. (Anonymous).
Administration for Children's Services, respondent;
Damien N., (Anonymous), et al., appellants.
(Proceeding No. 2)
In the Matter of Justin N. (Anonymous).
Administration for Children's Services, respondent;
Damien N. (Anonymous), et al., appellants.
(Proceeding No. 3)
(Docket Nos. N-15008-01, N-15009-01, N-15010-01)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant Damien N. in proceedings before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Queens County, dated June 4, 2004, and September 27, 2004, respectively, and for leave to the appellant to prosecute the appeals as a poor person.

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

ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant Damien N. on appeals; and it is further,

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

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

ORDERED that the stenographers(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and clerk of the Family Court shall furnish one of such certified transcripts to the counsel for Damien N., without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to the respondent and the Law Guardian, if any, when counsel serves Damien N.'s brief upon those parties; and it is further,

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

Alan S. Cabelly, Esq.

91-30 Queens Blvd. - Suite 206

Elmhurst, New York 11373

(718) 533-1757

and it is further,

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

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

H. MILLER, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20460

M/nal

2004-05610
In the Matter of Nikson D. (Anonymous),
appellant.
(Docket No. D-24653-03)

SCHEDULING ORDER

Appeal by Nikson D. from an order of the Family Court, Kings County, dated March 9, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 11, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20457

A/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2002-09833
In the Matter of Debra L. Herman, respondent,
v Robert J. Herman, appellant.
(Docket No. F-1624/98)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated October 12, 2004, which determined an appeal from an order of the Family Court, Nassau County, dated September 11, 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., SCHMIDT, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20106

M/nal

2004-11168
In the Matter of Eileen Horn, petitioner-respondent,
v Kathy Watkins, respondent.
(Proceeding No. 1)
In the Matter of Cindy Conklin, appellant,
v Kathy Watkins, respondent.
(Proceeding No. 2)
(Docket Nos. V-1828-04, V-2207-04)

SCHEDULING ORDER

Appeal by Cindy Conklin from an order of the Family Court, Rockland County, dated November 23, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

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Appellate Division: Second Judicial Department

M20462

M/nal

2004-05797
In the Matter of Eric M. Levande, respondent,
v Devorah Levande, appellant.
(Docket No. V-8150/03)

SCHEDULING ORDER

Appeal by Devorah Levande from an order of the Family Court, Queens County, dated June 28, 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 February 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20359

M/nal

2004-11327
In the Matter of Sanjeeda M. (Anonymous).
Administration for Children's Services, respondent;
Karibul M. (Anonymous), appellant.
(Docket No. N-31158-03)

SCHEDULING ORDER

Appeal by Karibul M. from an order of the Family Court, Kings County, dated November 24, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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.

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Appellate Division: Second Judicial Department

M20330

M/nal

2005-00310
In the Matter of Yevgeniya Medovaya, respondent,
v Yuriy Medovoy, appellant.
(Docket No. F-09304/02)

SCHEDULING ORDER

Appeal by Yuriy Medovoy from an order of the Family Court, Kings County, dated December 6, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20423

Y/sl

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2004-07271
In the Matter of Notre Dame Leasing Limited
Partnership, petitioner-respondent, v Division
of Housing and Community Renewal, respondent-
respondent; Ella Smith, nonparty-appellant.
(Index No. 2058/02)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent for leave to serve and file an appendix, and application by the petitioner-respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated June 30, 2004.

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

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

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

ORDERED that the petitioner-respondent's time to serve and file a brief is enlarged until February 14, 2005, and the petitioner-respondent's brief must be served and filed on or before that date.

PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20035

M/nal

2004-07872
In the Matter of Enrique P. (Anonymous).
Child Welfare Administration, Kings County,
petitioner-respondent; Laydia S. (Anonymous), appellant,
Michael S. (Anonymous), respondent-respondent,
et al., respondents.
(Proceeding No. 1)
In the Matter of Alexa P. (Anonymous).
Child Welfare Administration, Kings County,
petitioner-respondent; Laydia S. (Anonymous), appellant,
Michael S. (Anonymous), respondent-respondent,
et al., respondents.
(Proceeding No. 2)
In the Matter of Fantaysia L. (Anonymous).
Child Welfare Administration, Kings County,
petitioner-respondent; Laydia S. (Anonymous), appellant,
Michael S. (Anonymous), respondent-respondent,
et al., respondents.
(Proceeding No. 3)
(Docket Nos. N-11934-03, N-11935-03, N-11936-03,
N-32361-03, N-32362-03, N-32363-03)

SCHEDULING ORDER

Appeal by Laydia P. from an order of the Family Court, Kings County, dated August 12, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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.

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Appellate Division: Second Judicial Department

M20459

M/nal

2004-08260
In the Matter of Patricia Perez, respondent,
v Mario Villamil, appellant.
(Docket No. F-00968-96)

SCHEDULING ORDER

Appeal by Mario Villamil from an order of the Family Court, Queens County, dated August 31, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 11, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

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Appellate Division: Second Judicial Department

M20319

M/nal

2005-00200
In the Matter of Camille N. Rochester, respondent,
v Fred B. Rochester, appellant.
(Docket No. O-05226-04)

SCHEDULING ORDER

Appeal by Fred B. Rochester from an order of the Family Court, Suffolk County, dated January 5, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20358

R/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-10759

In the Matter of University Towers Associates,
petitioner, v Pat Ethel Senior, respondent.

(Index No. 63419/01)

DECISION & ORDER ON MOTION
Motion for Leave to Appeal to the
Appellate Division

Motion by Pat Ethel Senior for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated September 29, 2004, which denied her motion, inter alia, for leave to reargue an order of the same court dated July 15, 2004, and to stay all proceedings in the above-entitled matter pending hearing and determination of the appeal.

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 for leave to appeal to this court is denied; and it is further,

ORDERED that the branch of the motion which is for a stay is denied as academic.

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20415

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2004-01285
The People, etc., respondent,
v Loaiza Aldeberto, appellant.
(Ind. No. 10710/03)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Queens County, rendered January 7, 2004.

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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

PRUDENTI, P.J., COZIER, RITTER, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M20467

M/nl

ANITA R. FLORIO, J.

2005-00367
The People, etc., respondent
Norma Alicea-Cruz, appellant.
(Ind. No. 6315/02)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Kings County, rendered January 12, 2005, and to release the appellant on her own recognizance, or in the alternative, to fix reasonable bail.

Upon the papers filed in support of the motion and upon hearing the attorneys for the respective parties, it is

ORDERED that the motion is denied.

ANITA R. FLORIO

Associate Justice

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20418

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2004-10636

The People, etc., respondent,
v Bakhosheq Allan, appellant.

(Ind. No. 2316-02)

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 County Court, Suffolk County, rendered August 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 opposition thereto, it is

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

ORDERED that the 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.

PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20366

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-06103
The People, etc., respondent,
v Charleston R. Alvarez, appellant.
(Ind. No. 01-01644)

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 June 23, 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 15, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

Ron Stokes, Esq.

3224 S. Shelly Street

Mohegan Lake, New York 10547

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 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:

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, New York 10128

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.

H. MILLER, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 3707

Bare Hill Corr. Fac.

Caller Box 20 - Candy Road

Malone, New York 12953

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20420

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2003-10958

The People, etc., respondent,
v Gene Barr, appellant.
(Ind. No. 489/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered November 25, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in 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 appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction.

PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20388

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-10384
The People, etc., respondent,
v Alexander Bermudez, appellant.
(Ind. No. 1611/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Nassau County, rendered March 25, 2004.

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 the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the County Court, Nassau County, rendered March 25, 2004.

H. MILLER, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20356

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-10102

The People, etc., respondent,
v Debra Bray-Collazo, appellant.
(Ind. No. 04-00308)

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 October 20, 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:

Janet M. Delohery, Esq.

1858 Pleasantville Road - Suite 163

Larchmont, New York 10538

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.

H. MILLER, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

223 S. 2nd Avenue

Mt. Vernon, New York 10550

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20360

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-07955

The People, etc., respondent,
v Theresa Clinding, appellant.
(Ind. No. 2670/03)

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

Renewed motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered July 20, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Lynn Iacona, Esq.

34 Harbor Circle

Centerport, New York 11721

and it is further,

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

H. MILLER, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 G 0742

Beacon Corr. Fac.

Box 780

Beacon, New York 12508

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20354

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-04321

The People, etc., respondent,
v Salvador Garcia Dominguez, appellant.
(Ind. No. 03-01765)

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 April 22, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

John F. DeChiaro, Esq.

2001 Palmer Road - Suite 204

Larchmont, New York 10538

and it is further,

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

H. MILLER, J.P., LUCIANO, RIVERA, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20343

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-10169

The People, etc., respondent,
v Oriley Grayson, appellant.
(Ind. No. 2683/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered November 8, 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.

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20413

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2002-09388
The People, etc., respondent,
v Anthony Jones, a/k/a Anthony Lewis, appellant.
(Ind. No. 4732/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 3, 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.

PRUDENTI, P.J., COZIER, RITTER, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 5552

Bare Hill Corr. Fac.

Box 20

Malone, New York 12953

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20416

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2004-11009

The People, etc., respondent,
v Andres Martinez, appellant.
(Ind. No. 04-01275)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, rendered December 2, 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

PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20324

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-09389
The People, etc., respondent,
v Carl T. Morgan, appellant.
(Ind. No. 1782-02)

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, Suffolk County, rendered October 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 denied.

H. MILLER, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 R 5493

Gowanda Corr. Fac.

Box 311

Gowanda, New York 14070

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20337

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-05465
The People, etc., respondent, DECISION & ORDER
v Cornelius Page, appellant.

(Ind. No. 2091-02)

ON MOTION
Motion Pro se to Relieve Counsel
of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered May 7, 2003, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on November 6, 2003, and the following named attorney was assigned to prosecute the appeal:

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 appeal:

James Montgomery, Esq.

58 Ocean Avenue

Amityville, New York 11701

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,

H. MILLER, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20427

A/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-05795
The People, etc., respondent,
v Indar Pittam, appellant.
(Ind. No. 1063/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, rendered June 18, 2003.

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

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

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until January 27, 2005.

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20320

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2001-07389
The People, etc., respondent,
v Najee Player, appellant.
(Ind. No. 371-00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the County Court, Suffolk County, rendered August 6, 2001.

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

ORDERED that the motion is denied.

H. MILLER, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

01 A 4523

Shawangunk Corr. Fac.

Box 700

Wallkill, New York 12589

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20346

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-06707

The People, etc., respondent,
v Christopher Sepulveda, appellant.
(Ind. No. 03-00789)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Westchester County, rendered July 6, 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.

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20414

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2002-00631
The People, etc., respondent,
v Noah Small, appellant.
(Ind. No. 8115/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Kings County, rendered January 14, 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.

PRUDENTI, P.J., COZIER, RITTER, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 0590

Clinton Corr. Fac.

Box 2001

Dannemora, New York 12929

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20419

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO. JJ.

2004-08904

The People, etc., respondent,
v Jerome Sullen, appellant.
(Ind. No. 03-01417)

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 September 16, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Mark C. Fang, Esq.

4-3 Woods Brooke Lane

Yorktown Heights, New York 10598

and it is further,

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

PRUDENTI, P.J., COZIER, RITTER, and SPOLZINO, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20386

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-10381, 2004-10382

The People, etc., respondent,
v Jason Tinsley, appellant.
(Ind. Nos. 03-01077, 03-01559)

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

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take appeals from two judgments of the Supreme Court, Westchester County, both rendered July 20, 2004, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in 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 timely notices of appeal; and it is further,

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the 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, 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 appeals:

Gary Eisenberg, Esq.

129 Brooks Avenue

Monroe, New York 10950

and is further,

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

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

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

H. MILLER, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4178

Upstate Corr. Fac.

Box 2001

Malone, New York 12953

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20348

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-10341

The People, etc., respondent,
v Anthony Twitty, appellant.
(Ind. No. 03-01385)

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 November 9, 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 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

H. MILLER, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 6372

Downstate Corr. Fac.

P.O. Box 445

Fishkill, New York 12524-0445

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20340

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-08323

The People, etc., ex rel. Lawrence Lewis,
appellant, v William E. Phillips, respondent.
(Index No. 3436/04)

DECISION & ORDER ON MOTION
Motion to Appeal as a Poor Person
and to Assign Counsel

Motion by the appellant pro se for leave to prosecute appeal from an order of the Supreme Court, Dutchess County, dated August 5, 2004, as a poor person, to dispense with printing, 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 denied.

H. MILLER, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

98 A 3556

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20409

A/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2003-01030
The People, etc., ex rel. Mark Marshall,
appellant, v Warden, Mr. Amicucci, etc.,
respondent.
(Index No. 02-01327)

DECISION & ORDER ON MOTION
Motion To Withdraw Appeal

Motion by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated November 8, 2002.

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

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

S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court