01-14-2004_MOTION

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MOTION DECISIONS FOR JANUARY 14, 2004

TITLE	Case Number
Coppola v Coppola	2003-06345 + 1
Dabbs v Aron Security, Inc.	2003-09847
EIFS, Inc. v Morie Company	2002-06910
Eastern Savings Bank, FSB v Stern	2003-03209
Fazzino v Martin	2003-08644
Federal National Mortgage Association v Youke	2003-05100 + 1
Friedler v Palyompis	2003-09434 + 1
Goldberger, a/k/a Anchel v Eisner	2002-08129
Grasmere Gardens, LLC v Allen	2003-04926
Green v Innocent	2003-06541
Greenbriar Tenants Corporation v Greater New	2003-04665
Hamlin v Covert	2003-04880
Hathaway v Hathaway	2003-10801
Kelly v Kelly	2003-03200
Kumar v Yonkers Contracting Company, Inc.	2003-04036
Lafasciano v Lafasciano	2003-03418
Meliarenne v Prisco	2003-06403
Najac v Najac	2004-00004
Ofman v Campos	2003-02483 + 3
P&C Equipment, Inc. v Perfetto Contracting Co	2003-06297
Palazzo v Hartford Insurance Company of the M	2002-10318 + 1
Pelaez v South Country Elementary School Dist	2003-03366
Perera v O'Donnel	2003-03290
Reiter v Reiter	2003-03835
Rising v Eastern Suffolk Boces	2003-04941
Roesemann v Horowitz	2003-03908
Teitz v Town of Mamaroneck	2003-06054
Venture I, Inc. v Voutsinas	2003-03114 + 1
Wong v Gottbetter	2003-05633
Mtr of B. (Anonymous), Nyasha Myjahnara Quais	2003-05962
Mtr of Barnes v Mickelsen-Barnes	2003-10481
Mtr of Bouie v Arvelo	2003-05549 + 2
Mtr of Clarke v Clarke	2001-10947
Mtr of F. (Anonymous), Aniyah; Alice; Oliva;	2003-11199
Mtr of H. (Anonymous), Diane; H. Missy; H. Al	2003-08044
Mtr of Hopper v Almeda	2003-05785
Mtr of Idowu v Idowu	2003-07525
Mtr of Levy v Town of Islip	2003-04313
Mtr of M. (Anonymous), Nicholas; Presentment	2003-09480
Mtr of M. (Anonymous), Raymond; M. Samantha;	2003-10041
Mtr of Miller v Smith	2003-07290 + 1
Mtr of New York Central Lines, LLC v Vitale	2003-04663
Mtr of O. (Anonymous), Larry Jr.; Dept. Of So	2003-07836
Mtr of Ortiz v Ortiz	2001-05906
Mtr of R. (Anonymous), Tiffany; Administratio	2003-11093
Mtr of Strax v New York State Department of M	2003-06931
Mtr of T. (Anonymous), Desiree L.; Commission	2003-08795
Mtr of V. (Anonymous), Sanel	2002-06679 + 1
Mtr of Valle v Valle	2003-07394
Mtr of Witkon v Laconti	2003-10855
Peo v Borgwin, Gabriel	2003-10107
Peo v Christopher, Nathaniel	2003-09929
Peo v Crider, Joshua	2003-06148
Peo v Douglas, John	2003-09491
Peo v Eiseman, Steven	2003-09284
Peo v Fagan, Duane	2003-06144
Peo v Hines, Gilbert	2003-10197
Peo v Humbert, Robert	2003-10198
Peo v Jamerson, William	2003-09533
Peo v Jarvis, Reggie	2003-10150
Peo v Leon, Rolando	2003-10101
Peo v Marcus, David	2003-05509
Peo v Marshall, Kalvin	2001-02827
Peo v McCoy, Earl	2003-10105
Peo v Miller, Kurt	1998-10179
Peo v Millet, Walter	2002-11551
Peo v Mullins, Will	2003-10724
Peo v Owens, Vincent, a/k/a Keeling, Michael	2003-08328
Peo v Patterson, Tremaine	2003-00391
Peo v Polanco, Kenneth	2003-08989
Peo v Rivera, Robert	2003-08544
Peo v Rivers, Rubin	2003-07093
Peo v Rodriguez, Felix	2001-08027
Peo v Rodriguez, William	2003-09542
Peo v Rosas, Abel	2003-04740
Peo v Salas, Adrian	1998-08658
Peo v Sanchez, Raphael	2003-09532
Peo v Smalls, Benjamin	2003-09836
Peo v Smith, Jermaine	2003-02354
Peo v Smith, William	2003-09926
Peo v Urena, Rafael	2003-06645
Peo v Vargas, Danette	2002-11009
Peo v Washington, Wayne	2002-05610
Peo v White, Floyd	1995-08871
Peo v Williams, Daniel	2003-09531
Peo v Wright, Ronald	2003-10099
Peo v Zuran, Vladimir	2003-03725

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6817

C/sl

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2003-06345, 2003-10398
Carlo Coppola, appellant, v
Barbara Coppola, respondent.
(Index No. 204611/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the enforcement of (1) a decision of the Supreme Court, Nassau County, dated June 20, 2003, and (2) a judgment of the same court entered September 18, 2003, pending the hearing and determination of appeals therefrom.

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

ORDERED that on the court's own motion, the appeal from the decision is dismissed, without cost or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6805

O/sl

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2003-09847
Danielle Dabbs, et al., respondents, v
Aron Security, Inc., et al., appellants,
et al., defendant.
(Index No. 2611/00)

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, Suffolk County, dated September 17, 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 the trial in the above-entitled action is stayed pending hearing and determination of the appeal.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6822

J/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

SONDRA MILLER

BARRY A. COZIER, JJ.

2002-06910
EIFS, Inc., et al., appellants,
v Morie Company, respondent.
(Index No. 22355/94)

DECISION & ORDER ON MOTION

Appeal by the plaintiffs from an order of the Supreme Court, Suffolk County, dated August 1, 2002. By decision and order on motion of this court dated September 17, 2002, we granted the appellants' motion to stay enforcement of so much of the order dated August 1, 2002, as directed the appellants to respond to certain interrogatories pending hearing and determination of a related appeal in the above-entitled action pending in this court under Appellate Division Docket No. 2001-06071. The appeal under Appellate Division Docket No. 2001-06071 was determined by decision and order dated October 28, 2002. The appeal from the order dated August 1, 2002, has not been perfected.

Now, on the court's own motion, it is

ORDERED that the appeal from the order dated August 1, 2002, is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the stay contained in the decision and order on motion of this court dated September 17, 2002, is vacated.

PRUDENTI, P.J., ALTMAN, S. MILLER, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6800

2003-03209
Eastern Savings Bank, FSB, respondent,
v Sara M. Stern, et al., defendants, Israel
Drillick, appellant.
(Index No. 5838/98)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated March 13, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6781

CF/

2003-08644
Tina Fazzino, appellant, v
Dean Martin, etc., et al., respondents.
(Index No. 9089/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 11, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6821

C/sl

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2003-05100, 2003-05101

Federal National Mortgage Association,
respondent, v Nadia Youkelsone, et al.,
appellants.
(Index No. 36834/01)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect appeals from (1) an order of the Supreme Court, Kings County, dated April 4, 2003, and (2) a judgment of the same court dated April 11, 2003, respectively.

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 appellants' time to perfect the appeals is enlarged until February 14, 2004, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6782

CF/

2003-09434, 2003-09435
Samuel Friedler, et al., respondents, v
Vassiliki Palyompis, et al., defendants,
Coldwell Banker Real Estate Corporation,
s/h/a Coldwell Banker, appellant.
(Index No. 22821/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw appeals from two orders of the Supreme Court, Kings County, both dated September 18, 2003.

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

ORDERED that the application is granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6802

2002-08129
Erno Goldberger, a/k/a Abe Anchel,
et al., respondents, v Benjamin Eisner,
et al., appellants.
(Index No. 17302/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 19, 2002.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6819

J/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-04926

Grasmere Gardens, LLC, respondent, v
Kathy Lynn Allen, appellant.
(Index No. 13398/02)

DECISION & ORDER ON MOTION

Appeal by the defendant from an order of the Supreme Court, Richmond County, dated May 9, 2003. By decision and order on motion of this court dated June 19, 2003, we granted the appellant's motion to stay enforcement of a warrant of eviction. The appeal has not been perfected.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the stay contained in the decision and order on motion of this court dated June 19, 2003, is vacated.

SMITH, J.P., LUCIANO, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6826

CF/

2003-06541
Celia Green, respondent, v Jimmy Innocent,
defendant, Kim Kearse, appellant.
(Index No. 14820/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 9, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6792

2003-04665
Greenbriar Tenants Corporation, respondent-
appellant, v Greater New York Mutual Insurance
Company, appellant-respondent.
(Index No. 1995/99)

ORDER ON APPLICATION
Application to Withdraw Appeal

Separate applications by the appellant-respondent and the respondent-appellant to withdraw an appeal and cross appeal from an order of the Supreme Court, Queens County, dated April 7, 2003.

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

ORDERED that the applications are granted and the appeal and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6795

2003-04880
Marilyn Hamlin, et al., respondents,
v Gwen A. Covert, defendant, Antonio E.
Mendez, et al., appellants.
(Index No.2344/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 29, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6765

C/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-10801
Karen Hathaway, respondent, v
Brion Hathaway, appellant.
(Index No. 11374/00)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the enforcement of so much of an order of the Supreme Court, Queens County, dated November 10, 2003, as imposed sanctions in the sum of $15,000 upon him.

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

ORDERED that on the court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the branch of the motion which is to stay the enforcement of so much of the order dated November 10, 2003, as imposed sanctions in the sum of $15,000 upon the appellant is granted and that portion of the order is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6799

2003-03200
Susan C. Kelly, respondent, v Richard A.
Kelly, appellant.
(Index No. 1320/94)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated March 7, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6788

S/sl

2003-04036
Vinod Kumar, et al., appellants,
v Yonkers Contracting Company, Inc.,
et al., respondents.
(Index No. 6100/01)

ORDER ON APPLICATION

Application by the respondents Concrete Cutting Construction Co., Ltd, and Concrete Cutting & Breaking Co., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated March 26, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 2, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6796

2003-03418
Charles Lafasciano, et al., appellants,
v Carla M. Lafasciano, et al., respondents.
(Index No. 4039/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated March 26, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6824

PL/sl

2003-06403
Claude Meliarenne, appellant,
v Thomas Prisco, et al., respondents.
(Index No. 19528/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 3, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 11, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6803

O/sl

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-00004
Jeanette E. Najac, respondent, v
Richard D. Najac, appellant.
(Index No. 17913/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of stated portions of an order of the Supreme Court, Queens County, dated December 1, 2003, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6825

CF/

2003-02483, 2003-04542,
2003-07181, 2003-07207
Mendel E. Ofman, appellant, v
Martin Campos, et al, respondents.
(Action No. 1)
(Index No. 14119/00)
Martin Campos, respondent, v
Mendel E. Ofman, appellant.
(Action No. 2)
(Index No. 33007/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant on appeals from four orders of the Supreme Court, Kings County, dated October 25, 2002 (Appellate Division Docket No. 2003-04542), March 4, 2003 (Appellate Division Docket No. 2003-02483), June 16, 2003 (Appellate Division Docket No. 2003-07181), and July 21, 2003 (Appellate Division Docket No. 2003-07207), respectively, to withdraw the appeal from the order dated July 21, 2003, pending under Appellate Division Docket No. 2003-07207.

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

ORDERED that the application is granted and the appeal from the order dated July 21, 2003, is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6780

CF/

2003-06297
P & C Equipment, Inc., respondent,
v Perfetto Contracting Corp., appellant.
(Index No. 76240/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated June 13, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6815

C/sl

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2002-10318, 2003-03872

Thomas Palazzo, etc., et al., appellants,
v Hartford Insurance Company of the
Midwest, et al., respondents, et al.,
defendant.
(Index No. 44248/97)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to dismiss appeals from an order of the Supreme Court, Kings County, dated August 30, 2002, and a judgment of the same court entered March 19, 2003, on the ground that the appellants have failed to comply with a decision and order on motion of this court dated October 24, 2003.

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 dismiss the appeals is denied on condition that on or before February 5, 2004, the appellants delete from the copies of their brief on file with this court, at page 3, the citation to "R. 237-239" and replace it with a citation to "R. 141-142;" and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6809

2003-03366
Carolina Pelaez, et al., respondents,
v South Country Elementary School District,
et al., appellants.
(Index No. 26811/99

ORDER ON APPLICATION
Application to Withdraw Appeal

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

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6798

2003-03290
Raymond Perera, respondent,
v Francis J. O'Donnel, et al., appellants.
(Index No. 19754/00)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 25, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6820

J/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

STEPHEN G. CRANE, JJ.

2003-03835
Heidi Reiter, respondent,
v Bruce Reiter, appellant.
(Index No. 20817/02)

DECISION & ORDER ON MOTION

Appeal by the defendant from an order of the Supreme Court, Nassau County, dated March 24, 2003. By decision and order on motion of this court dated June 2, 2003, we granted the appellant's motion to stay enforcement of a subpoena duces tecum dated January 21, 2003, and of so much of the order dated March 24, 2003, as directed compliance with the same. The appeal has not been perfected.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the stay contained in the decision and order on motion of this court dated June 2, 2003, is vacated.

SMITH, J.P., KRAUSMAN, LUCIANO and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6810

C/sl

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2003-04941
Daniel Rising, etc., respondent, v
Eastern Suffolk Boces, appellant.
(Index No. 6887/03)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the record on an appeal from an order of the Supreme Court, Suffolk County, dated May 5, 2003, on the ground that it is incomplete or to enlarge the record on appeal to include a certain student accident report, and to enlarge the time to serve and file a brief.

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 enlarge the time to serve and file a brief is granted; the respondent's time to serve and file a brief is enlarged until February 17, 2004; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6801

2003-03908
Marie Roesemann, et al., appellants,
v David M. Horowitz, etc., et al., respondents.
(Index No. 25090/96)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, dated December 19, 2002.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6791

2003-06054
Edmund Teitz, respondent, v Town of
Mamaroneck, et al., appellants.
(Index No. 15058/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 9, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6733

A/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-03114, 2003-07674

Venture I, Inc., etc., appellant, v
George Voutsinas, et al., respondents.
(Index No. 13823/02)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, dated March 3, 2003, and July 28, 2003, respectively, in effect, to stay enforcement of the orders pending hearing and determination of the appeals.

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

ORDERED that the motion is granted and enforcement of the orders dated March 3, 2003, and July 28, 2003, is stayed pending hearing and determination of the appeals.

SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6804

CF/

2003-05633
Michael Wong, et al., respondents, v
Adam S. Gottbetter, et al., appellants.
(Index No. 26142/98)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 7, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6660

M/mv

ROBERT W. SCHMIDT, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-05962

In the Matter of Nyasha Myjahnara
Quaisha B. (Anonymous).
Association to Benefit Children/Variety
House for Children, respondent;
Darlene B. (Anonymous), appellant.
(Docket No. B-5979-01)

ORDER TO SHOW CAUSE

Appeal by Darlene B. from an order of the Family Court, Kings County, dated June 6, 2003. By decision and order of this court dated October 15, 2003, the appellant was granted leave to renew her motion for leave to prosecute the appeal as a poor person on or before November 18, 2003. The appellant has failed to do so. 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 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 30, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

SCHMIDT, J.P., TOWNES, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6818

C/sl

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2003-10481
In the Matter of Leslie Barnes, respondent,
v Janette Mickelsen-Barnes, appellant.
(Docket No. O-7954/03)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Westchester County, dated October 15, 2003, on the ground that the appeal was untimely taken.

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

ORDERED that on the court's own motion, pursuant to Family Court Act § 1120 the following attorney is assigned as counsel for the appellant solely to respond to the motion to dismiss the appeal:

Stephen S. Hansen, Esq.

P.O. Box 566

365 North Avenue

New Rochelle, New York 10802

and it is further,

ORDERED that the time of Stephen S. Hansen to respond to the motion to dismiss is enlarged until January 29, 2004; and it is further,

ORDERED that the motion is held in abeyance in the interim.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6704

M/mv

2003-05549, 2003-10075, 2003-10076
In the Matter of Michelle Bouie, appellant,
v Juan E. Arvelo, respondent.
(Docket No. V-13543/03)

SCHEDULING ORDER

Appeals by Michelle Bouie from an order of the Family Court, Kings County, dated June 24, 2003, and an order and an amended order of the same court both dated November 10, 2003. By decision and order on motion of this court dated January 7, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:

Karen Morth, Esq.

67 Wall Street - #5720 - 22nd Floor

New York, New York 10005-3101

(212) 804-5720

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated January 7, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), 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 appeals to show cause why the appeals should not be dismissed.

ENTER:

James Edward Pelzer

Clerk

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

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6712

M/mv

2001-10947
In the Matter of Brunetta Clarke, appellant,
v Carson Clarke, respondent.
(Docket No. O-25751-00)

SCHEDULING ORDER

Appeal by Brunetta Clarke from an order of the Family Court, Kings County, dated November 30, 2001. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that the scheduling order of this court dated September 4, 2003, in the above-entitled proceeding is amended to provide 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 the brief on the appeal is enlarged until February 27, 2004.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6351

M/mv

2003-11199
In the Matter of Aniyah F. (Anonymous).
Administration for Children's Services, appellant;
Monica F. (Anonymous), et al., respondents.
(Proceeding No. 1)
In the Matter of Alice F. (Anonymous).
Administration for Children's Services, appellant;
Monica F. (Anonymous), et al., respondents.
(Proceeding No. 2)
In the Matter of Olivia F.-G. (Anonymous).
Administration for Children's Services, appellant;
Monica F. (Anonymous), et al., respondents.
(Proceeding No. 3)
(Docket Nos. N-9448/02, N-9449/02, N-9450/02)

SCHEDULING ORDER

Appeal by Administration for Children's Services from an order of the Family Court, Queens County, dated December 17, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled 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 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, the date thereof and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk

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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6770

M/mv

2003-08044
In the Matter of Diane H. (Anonymous).
Seaman's Society for Children and Families, respondent;
Matthew H. (Anonymous), Sr., et al., appellants.
(Proceeding No. 1)
In the Matter of Missy H. (Anonymous).
Seaman's Society for Children and Families, respondent;
Matthew H. (Anonymous), Sr., et al., appellants.
(Proceeding No. 2)
In the Matter of Alexya H. (Anonymous).
Seaman's Society for Children and Families, respondent;
Matthew H. (Anonymous), Sr., et al., appellants.
(Proceeding No. 3)
In the Matter of Jose H. (Anonymous).
Seaman's Society for Children and Families, respondent;
Matthew H. (Anonymous), Sr., et al., appellants.
(Proceeding No. 4)
In the Matter of Matthew H. (Anonymous), Jr.
Seaman's Society for Children and Families, respondent;
Matthew H. (Anonymous), Sr., et al., appellants.
(Proceeding No. 5)
(Docket Nos. B-1344/03, B-1345/03, B-1346/03
B-1347/03, B-1348/03)
In the Matter of John P. (Anonymous), et al., petitioners,
v Administration for Children's Services, et al., respondents.
(Proceeding No. 6)
Docket Nos. V-1049/03, V-1050/03
V-2130/03, V-2131/03, V-2132/03

SCHEDULING ORDER

Appeal by Julie H. from an order of the Family Court, Richmond County, dated August 22, 2003. By decision and order on motion of this court dated January 9, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Pauline E. Braun, Esq.

43 Edgewood Road

P.O. Box 9

Valley Stream, New York 11582-0009

(516) 872-2728

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated January 9, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk

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

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6658

M/mv

ROBERT W. SCHMIDT, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-05785

In the Matter of Michael Hopper, respondent,
v Rosemary Almeda, appellant.
(Docket No. V-16309-02)

ORDER TO SHOW CAUSE

Appeal by Rosemary Almeda from an order of the Family Court, Westchester County, dated June 6, 2003. By decision and order of this court dated October 31, 2003, the appellant was granted leave to renew her motion for leave to prosecute the appeal as a poor person on or before November 21, 2003. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

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.

SCHMIDT, J.P., TOWNES, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6735

M/mv

2003-07525
In the Matter of Brenda Yvette Idowu,
respondent, v Olusegun Idowu, appellant.
(Docket No. F-01529/02A)

ORDER TO SHOW CAUSE

Appeal by Olusegun Idowu from an order of the Family Court, Kings County, dated July 21, 2003. By scheduling order dated December 2, 2003, 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 proceeding 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 December 2, 2003, 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 February 13, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6790

2003-04313
In the Matter of Steven Levy, respondent,
v Town of Islip, et al., appellants.
(Index No.11937/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated April 10, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6713

M/mv

2003-09480
In the Matter of Nicholas M. (Anonymous),
appellant.
(Docket No. D-3078/02)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Queens County, dated September 30, 2003. By decision and order on motion of this court dated January 5, 2004, the following attorney was assigned to represent the juvenile on the appeal:

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10007

(212) 693-0090

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated January 5, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk

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

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6715

M/mv

2003-10041
In the Matter of Raymond M. (Anonymous).
Orange County Department of Social Services,
respondent; Benjamin M. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Samantha M. (Anonymous).
Orange County Department of Social Services,
respondent; Benjamin M. (Anonymous), appellant.
(Proceeding No. 2)
In the Matter of Tiffany M. (Anonymous).
Orange County Department of Social Services,
respondent; Benjamin M. (Anonymous), appellant.
(Proceeding No. 3)
(Docket Nos. NA-2487-03, NN-2488-03, NN-2489-03)

SCHEDULING ORDER

Appeal by Benjamin M. from an order of the Family Court, Orange County, dated October 21, 2003. By decision and order on motion of this court dated January 5, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

George E. Reed, Jr., Esq.

222 Mamaroneck Avenue #303

White Plains, New York 10605

(914) 946-5000

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 assigned counsel shall file in the office of the Clerk of this court one of the following:

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

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

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6687

M/mv

2003-07290, 2003-07292
In the Matter of Lisa Miller, respondent,
v Jonathan Smith, appellant.
(Docket No. U-05818/01)

SCHEDULING ORDER

Appeals by Jonathan Smith from two orders of the Family Court, Kings County, dated November 22, 2002, and June 13, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on January 9, 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

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

M6806

CF/

2003-04663
In the Matter of New York Central Lines,
LLC, appellant, v Frank Vitale, et al.,
respondents.
(Index No. 20662/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated March 25, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6742

M/mv

2003-07836
In the Matter of Larry O. (Anonymous), Jr.
Suffolk County Department of Social Services,
respondent; Tunisia I. (Anonymous), et al.,
appellants.
(Docket Nos. N-1236-03, N-1240-03)

SCHEDULING ORDER

Appeals by Tunisia I. And Larry O., Sr., from an order of the Family Court, Suffolk County, dated July 24, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that the scheduling order of this court dated September 24, 2003, in the above-entitled proceeding is amended to provide that the appellants' time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeals is enlarged until February 13, 2004.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6823

C/sl

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2001-05906
In the Matter of Lucrecia Ortiz, appellant,
et al., plaintiffs, v Gina Ortiz, respondent.
(Docket No. V-21433/96)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to amend the notice of appeal from an order of the Family Court, Kings County, dated May 25, 2001, to include her husband as an appellant.

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

ORDERED that on the court's own motion, the motion is dismissed, on the ground that the appellant is represented by counsel on the appeal (see CPLR 321).

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6746

A/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-11093

In the Matter of Tiffany R. (Anonymous).
Administration for Children's Services of the
City of New York, appellant; Fatima R.
(Anonymous), respondent.

(Docket No. NN-36168/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated December 17, 2003, to stay enforcement of the order pending hearing and determination of the appeal, and to remand the subject child to the appellant's care and custody 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 motion is granted, enforcement of the order dated December 17, 2003, is stayed, and the subject child is remanded to the care and custody of the appellant pending hearing and determination of the appeal.

SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6783

PL/sl

2003-06931
In the Matter of Lisa Strax, appellant, v
New York State Department of Motor Vehicles,
et al., respondents.
(Index No. 19174/02)

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, Nassau County, dated June 16, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 5, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6771

M/mv

2003-08795
In the Matter of Desiree L. T. (Anonymous).
Commissioner of Social Services of the City of
New York, et al., respondents; Eon A. (Anonymous),
appellant.
(Docket No. B-8530-03)

SCHEDULING ORDER

Appeal by Eon A. from an order of the Family Court, Kings County, dated August 11, 2003. By decision and order on motion of this court dated January 9, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Andrew John Calcagno, Esq.

186 No. Avenue East - Suite 101

Cranford, New Jersey 07016

(908) 272-7300

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 assigned counsel shall file in the office of the Clerk of this court one of the following:

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

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

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6691

M/mv

2002-06679, 2002-06682
In the Matter of Sanel V. (Anonymous). Administration for Children's Services,
respondent; Sefija V. (Anonymous), appellant.
(Proceeding No. 1)
(Docket No. N-16135/00)
In the Matter of Dilaela V. (Anonymous).
Administration for Children's Services,
respondent; Murdija V. (Anonymous),
et al., appellants.
(Proceeding No. 2)
(Docket No. N-16136/00)

SCHEDULING ORDER

Appeals by Sefija V. and Murdija V. from two orders of the Family Court, Queens County, both dated June 24, 2002. The brief of the appellant Murdija V. was filed in the office of the Clerk of this court on September 26, 2003, and the brief of the appellant Sefija V. was filed on November 6, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that the scheduling order of this court dated December 8, 2003, in the above-entitled proceedings is amended to provide that the time of the respondent/the law guardian to serve and file a brief in the above-entitled appeals is enlarged until February 13, 2004.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6662

M/mv

ROBERT W. SCHMIDT, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-07394

In the Matter of Israel Valle, appellant,
v Ventura Valle, respondent.
(Docket No. O-14214-02A)

ORDER TO SHOW CAUSE

Appeal by Israel Valle from an order of the Family Court, Queens County, dated August 5, 2003. By decision and order of this court dated October 24, 2003, the appellant was granted leave to renew his motion for leave to prosecute the appeal as a poor person on or before November 19, 2003. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

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.

SCHMIDT, J.P., TOWNES, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6766

C/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-10855
In the Matter of Zalman Witkon, respondent,
v Nicholas Laconti, Jr., etc., appellant.
(Index No. 16398/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated November 21, 2003, and to stay the enforcement of the order pending the 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 is denied as unnecessary (see CPLR 5701 [a][1]); and it is further,

ORDERED that the branch of the motion which is to stay the enforcement of the order is granted and enforcement of the order dated November 21, 2003, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 17, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 17, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6468

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10107

The People, etc., respondent,
v Gabriel Borgwin, appellant.

(Ind. No. 8498/99)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 23, 2003, as a poor person, and for the assignment of counsel.

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

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

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

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

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

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

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

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 B 2129

Attica Corr. Fac.

Box 149

Attica, New York 14011

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6491

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-09929

The People, etc., respondent,
v Nathaniel Christopher, appellant.

(Ind. No. 311/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered October 30, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 6140

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6475

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-06148

The People, etc., respondent,
v Joshua Crider, appellant.

(Ind. No. 49/00)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 30, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

00 A 5001

Five Points Corr. Fac.

Caller Box 400 - State Rte. 96

Romulus, New York 14541

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6500

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-09491

The People, etc., respondent,
v John Douglas, appellant.

(Ind. No. 10540/02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered October 24, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

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

M6501

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-09284

The People, etc., respondent,
v Steven Eiseman, appellant.

(Ind. No. 488/02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered September 16, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 5354

Downstate Corr. Fac.

Box 445

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6473

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-06144

The People, etc., respondent,
v Duane Fagan, appellant.

(Ind. No. 6033/02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered November 5, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 6051

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6490

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10197

The People, etc., respondent,
v Gilbert Hines, appellant.

(Ind. No. 792/02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered October 23, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 5832

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6492

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10198

The People, etc., respondent,
v Robert Humbert, appellant.

(Ind. No. 10451/02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered November 5, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 R 5830

Oneida Corr. Fac.

6100 School Rd.

Rome, New York 13440

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6466

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-09533

The People, etc., respondent,
v William Jamerson, appellant.

(Ind. No. 933/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 9, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 5569

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6472

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10150

The People, etc., respondent,
v Reggie Jarvis, appellant.

(Ind. No. 4410/02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 23, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 5643

Ulster Corr. Fac.

Box 800

Napanoch, New York 12458

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6470

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10101

The People, etc., respondent,
v Rolando Leon, appellant.

(Ind. No. 8695/02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 24, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 5841

P.O. Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6509

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-05509

The People, etc., respondent,
v David Marcus, appellant.

(Ind. No. 6553/02)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered June 12, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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., KRAUSMAN, TOWNES, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 3351

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

M6506

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2001-02827

The People, etc., respondent,
v Kalvin Marshall, appellant.

(Ind. No. 6154/99)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered March 8, 2001, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

37417-083

United States Penitentiary

Box 1000

Lewisburg, Pa., 17837

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6469

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10105

The People, etc., respondent,
v Earl McCoy, appellant.

(Ind. No. 8900/01)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 22, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 6023

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6498

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

1998-10179

The People, etc., respondent,
v Kurt Miller, appellant.

(Ind. No. 734/97)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered October 14, 1998, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

98 A 6702

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

M6512

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2002-11551

The People, etc., respondent,
v Walter Millet, appellant.

(Ind. No. 8878/01)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered November 7, 2002, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

ALTMAN, J.P.,KRAUSMAN, ADAMS, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 R 0376

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

M6764

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-10724
The People, etc., plaintiff,
v Will Mullins, defendant.
(Ind. No. 1706/99)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered January 12, 2000.

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

ORDERED that the motion is denied (see CPL 460.30[1]).

SMITH, J.P., GOLDSTEIN, LUCIANO, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6524

MYRIAM J. ALTMAN, J.

2003-08328
The People, etc., plaintiff, v Vincent Owens,
a/k/a Michael Keeling, defendant.
(Ind. No. 94-00878)

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, Westchester County, dated July 30, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

MYRIAM J. ALTMAN

Associate Justice

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6507

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-00391

The People, etc., respondent,
v Tremaine Patterson, appellant.

(Ind. No. 2134/02)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered December 13, 2002, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 2890

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6160

THOMAS A. ADAMS, J.

2003-08989
The People, etc., plaintiff,
v Kenneth Polanco, defendant.
(Ind. No. 12/01)

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 July 28, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

THOMAS A. ADAMS

Associate Justice

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6502

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-08544

The People, etc., respondent,
v Robert Rivera, appellant.

(Ind. No. 1144/02)

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

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

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 5292

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6495

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-07093

The People, etc., respondent,
v Rubin Rivers, appellant.

(Ind. No. 3738/02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered August 5, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

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

M6478

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2001-08027

The People, etc., respondent,
v Felix Rodriguez, appellant.

(Ind. No. 6645/00)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered July 23, 2001, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

01 A 4441

Eastern Corr. Fac.

Box 338

Napanoch, New York 12458

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6168

THOMAS A. ADAMS, J.

2003-09542
The People, etc., plaintiff,
v William Rodriguez, defendant.
(Ind. No. 7281/85)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated September 4, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

THOMAS A. ADAMS

Associate Justice

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6494

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-04740

The People, etc., respondent,
v Abel Rosas, appellant.

(Ind. No. 1969/97)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered October 15, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

99 A 4567

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

M5452

O/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

HOWARD MILLER

SANDRA L. TOWNES, JJ.

1998-08658
The People, etc., respondent,
v Adrian Salas, appellant.
(Ind. No. 9717/97)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve retained counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered September 21, 1998, and for assignment of new counsel. The appellant's motion for leave to prosecute the appeal as a poor person was granted by decision and order on motion of this court dated September 24, 1999.

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

ORDERED that the motion is granted; retained 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 on or before March 1, 2004, newly assigned counsel shall either advise this court and the respondent by letter whether she will adopt the brief filed by assigned counsel or will file a new or supplemental brief; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until 60 days after service upon it of either (1) a letter advising that newly assigned counsel will adopt the brief filed by the former counsel, or (2) a new or supplemental brief.

SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6474

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-09532

The People, etc., respondent,
v Raphael Sanchez, appellant.

(Ind. No. 5950/02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 20, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 R 5549

Oneida Corr. Fac.

6100 School Road

Rome, New York 13440

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6157

THOMAS A. ADAMS, J.

2003-09836
The People, etc., plaintiff,
v Benjamin Smalls, defendant.
(Ind. No. 98-01448)

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, Westchester County, dated August 25, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

THOMAS A. ADAMS

Associate Justice

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6511

ANITA R. FLORIO, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-02354

The People, etc., respondent,
v Jermaine Smith, appellant.

(Ind. No. 9851/01)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered February 26, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

FLORIO, P.J., LUCIANO, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 1276

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6515

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-09926

The People, etc., respondent,
v William Smith, appellant.
(Ind. No. 390/02)

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, Queens County, rendered April 28, 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 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, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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., KRAUSMAN, TOWNES, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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

M6510

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2003-06645

The People, etc., respondent,
v Rafael Urena, appellant.

(Ind. No. 2761/02)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered July 8, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

PRUDENTI, P.J., GOLDSTEIN, LUCIANO, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 3880

Oneida Corr. Fac.

Box 4580

Rome, New York 13442

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6508

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2002-11009

The People, etc., respondent,
v Danette Vargas, appellant.

(Ind. No. 8094/01)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered July 30, 2002, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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., KRAUSMAN, TOWNES, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 G 0799

Bedford Hills Corr. Fac.

Box 1000

Bedford Hills, New York 10507

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6787

S/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2002-05610
The People, etc., respondent,
v Wayne Washington, appellant
(Ind. No. 4152/01)

DECISION & ORDER ON MOTION
Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 14, 2002.

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.

SANTUCCI, J.P., S. MILLER, GOLDSTEIN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

02 A 3665

P.O. Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6505

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

1995-08871

The People, etc., respondent,
v Floyd White, appellant.

(Ind. No. 472/95)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered August 10, 1995, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

508 Rutland Street

Westbury, New York 11590

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6477

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-09531

The People, etc., respondent,
v Daniel Williams, appellant.

(Ind. No. 7720/01)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 7, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 5915

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6471

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10099

The People, etc., respondent,
v Ronald Wright, appellant.

(Ind. No. 9153/02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 23, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 5916

Downstate Corr. Fac.

P.O. Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6513

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-03725

The People, etc., respondent,
v Vladimir Zuran, appellant.

(Ind. No. 6755/01)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered March 28, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

ALTMAN, J.P., KRAUSMAN, ADAMS, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 1918

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582