01-18-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR JANUARY 18, 2005

TITLE	Case Number
Agins v Galindo General Construction Corp.	2004-07344
Antin v Antin	2003-07891 +1
DeMille v DeMille	2004-05743
Dime Savings Bank of New York, FSB v Mareno	2004-10387
Dobbins v Vartabedian	2004-11170
Estate of Daniel Fennessey v Klinger	2003-02677
Fleet National Bank v Formula Equipment Inc.,	2004-11320
Hart v Tri-State Consumer, Inc.	2004-09615 +1
Jacobowitz v Leak	2004-05476
Linder v Dranoff	2004-05078
Migliore v Manzo	2004-05266
Montuori v Roth, f/k/a Montuori	2004-05813 +1
Morrison v Saragossi	2004-02303
Nunez v Mousouras	2004-10917 +1
Pate v Pate	2004-06354
Persaud v Persaud	2004-01983
Robert Plan Corporation v Perot Systems Corpo	2003-11236 +2
Sabba v Jen Kuo Chen	2000-05767 +1
Samoilova v Visiting Nurse Service of New Yor	2002-11250
Shapiro v Rockville Country Club, Inc.	2004-05328 +1
Stojowski v D'Sa	2004-04625
Valente v Valente	2003-10557
Vingo v Rosner	2004-06528
Mtr of G. (Anonymous), Infinite	2003-07243 +2
Mtr of L. (Anonymous), Desiree; Dylan; J., Ni	2004-10166
Mtr of Snow Industries, Inc. v Board of Educa	2004-05406 +1
Mtr of Toy v Toy	2004-05042
Mtr of Vega v Diaz	2004-10399
Peo v Battle, Taiwan	2004-09771
Peo v Bey, Shamel	2004-08876
Peo v Bramble, Reuben	2004-08028
Peo v Bridges, Edward	2003-04301
Peo v Daly, James	2004-08411
Peo v DeLacruz, Joseph	2004-09294
Peo v Delgado, Michael	2004-09515
Peo v Devore, Darryl	2004-09772
Peo v Donigan, Nelson, a/k/a Donnigan, Nelson	2004-09595
Peo v Dupree, Darrill	2004-09505
Peo v Faustin, Jean	2002-04664
Peo v Fecu, Jennifer	2004-09769
Peo v Forgetta, Jason	2004-09503 +1
Peo v Fotiou, Karen	2004-10287 +1
Peo v Gaither, Acquila	2004-10210
Peo v Gayle, Simeon	2004-08662
Peo v Haynes, Ronald	2004-10461
Peo v Holder, John	2002-05750
Peo v Inga, Manuel	2004-10073
Peo v Jaquez, Jose	2004-09213
Peo v Jesus, Anthony	2004-09802
Peo v Johns, Ashia	2003-03319
Peo v Lampon, Miguel	2002-08499
Peo v Maarte, Christino	2004-10380
Peo v Martinez, Daniel	2003-04033
Peo v Munford, Anthony	2004-09770
Peo v Murillo, Alberto, a/k/a Quintero, Victo	1996-03195
Peo v Myrick, Donald	2004-09303
Peo v Nagmeldeen, Azaz	2004-09768
Peo v Nelson, Leroy	2002-05448
Peo v Nicholson, Damian	2004-09502
Peo v Pedroza, Jajara	2004-10208 +1
Peo v Robinson, Stanley	2004-09775
Peo v Rodriguez, Jose	2004-03695
Peo v Romain, Kaaseeim	2004-09801
Peo v Rosa, Tony	2004-03024

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

Appellate Division: Second Judicial Department

M20502

S/sl

2004-07344

Robert Agins, plaintiff, Dorothy Agins
appellant, v Galindo General Construction,
Corp., respondent.
(Index No. 26645/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated July 15, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 16, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20528

O/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2003-07891, 2003-07893

Jeffrey Antin, appellant, v
Sandra Antin, respondent.
(Index No. 10215/01)

DECISION & ORDER ON MOTION

Motion by the appellant to withdraw appeals from an order and a judgment of the Supreme Court, Westchester County, both dated July 31, 2003.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20522

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-05743
Virginia DeMille, respondent, v
Nelson DeMille, appellant.
(Index No. 202794/02)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike portions of the appellant's brief and reply brief on an appeal from an order of the Supreme Court, Nassau County, entered July 2, 2004, on the ground that the brief and the reply brief refer to matters as dehors the record .

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

ORDERED that the motion is denied.

FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20485

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ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

SONDRA MILLER, JJ.

2004-10387
Dime Savings Bank of New York, FSB,
respondent, v Antonio Mareno, et al.,
appellants.

(Index No. 2421/04)

DECISION & ORDER ON MOTION
Motion To Dismiss Appeal

Motion by the appellants, in effect, to stay execution of a judgment of foreclosure of the Supreme Court, Westchester County, dated September 27, 2004, pending hearing and determination of an appeal from an order of the same court entered July 7, 2004, and for an enlargement of time to perfect the appeal, and seperate motion by the respondent to dismiss an appeal from the order entered July 7, 2004, on the ground that it was not timely taken.

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

ORDERED that on the court's own motion, the appeal from the order entered July 7, 2004, is dismissed, without costs or disbursements, as that order was superseded by the judgment dated September 27, 2004, and no appeal has been taken from the judgment (see Matter of Aho 39 NY2d 241, 248); and it is further,

ORDERED that the motions are denied as academic.

SCHMIDT, J.P., ADAMS, COZIER and S. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20471

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ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-11170
Daniel Dobbins, appellant, v
Nancy Vartabedian, respondent.
(Index No. 26803/00)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Suffolk County, dated November 9, 2004, 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 granted to the extent that enforcement of so much of the order dated November 9, 2004, as vacated the restraining notice contained in a judgment of the same court dated December 19, 2002, is stayed, all proceedings in the above-entitled action are stayed, and all proceedings in the Family Court, Suffolk County in the matter entitled Daniel Dobbins v Nancy Vartabedian, pending under Docket Number V-2596/04, commenced by Order to Show Cause dated December 16, 2004, are stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before February 15, 2005, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 15, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20526

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ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE, JJ.

2003-02677
Estate of Daniel Fennessey, etc., et al.,
respondents, v Ronald Klinger, et al.,
defendants, Brunswick Hospital, appellant.
(Index No. 18067/95)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered February 26, 2003.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until February 28, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

FLORIO, J.P., SCHMIDT, KRAUSMAN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20513

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ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-11320
Fleet National Bank, respondent,
v Formula Equipment Inc., f/k/a Formula
Equipment Leasing, Inc., et al., defendants,
G.E. Commercial Distribution Finance, Inc.,
et al., appellants.
(Index No. 4147/04)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Orange County, dated December 13, 2004, 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 granted and enforcement of the order dated December 13, 2004, is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before February 15, 2005; and it is further,

FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20536

Y/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-09615, 2004-10121

Dean E. Hart, plaintiff-respondent,
v Tri-State Consumer, Inc., defendant-
respondent, Penny Fern Hart, defendant-
appellant; Tri-State Consumer Insurance
Company, nonparty-appellant.
(Index No. 13620/03)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent on appeals from two orders of the Supreme Court, Nassau County, entered October 8, 2004, and dated October 26, 2004, respectively, for leave to reargue a motion, inter alia, for a stay and an injunction, which was determined by decision and order of this court dated December 2, 2004.

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

ORDERED that the motion is denied, with $100 costs.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20403

A/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2004-05476

Berel Jacobowitz, appellant, v
Ernest Leak, respondent.
(Index No. 30410/03)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated May 14, 2004.

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

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

ORDERED that the appellant's time to serve and file his reply brief is enlarged until February 15, 2005, and the reply brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20534

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2004-05078

Ronald Linder, appellant, v Sanford Dranoff,
etc., et al., respondents.
(Index No. 12945/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated April 16, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 21, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20492

PL/sl

2004-05266
Phillip Migliore, appellant,
v Sherryl Manzo, respondent.
(Index No. 1852/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Orange County, dated April 26, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20520

O/sl

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2004-05813, 2004-07449
Paul J. Montuori, appellant, v Joan
Roth, f/k/a Joan Montuori, respondent.
(Appeal No. 1)
(Index No. 96-25857)
In the Matter of Joan C. Roth, respondent,
v Paul Montuori, appellant.
(Appeal No. 2)
(Docket No. F-19967-03)

DECISION & ORDER ON MOTION

Appeals by Paul Montuori from two orders of the Supreme Court, Suffolk County, dated June 1, 2004, and July 19, 2004, respectively. By order to show cause dated December 22, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled actions for failure to comply with a scheduling order dated October 18, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).

On the court's own motion, and the papers filed in support of the order to show cause, it is

ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated October 18, 2004 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20508

S/sl

2004-02303

Amanda Morrison, respondent,
v Gregory Saragossi, et al., defendants,
Look Entertainment Ltd., T/A Show Time Café,
appellant.
(Action No. 1)
(Index No. 12434/99)
Michael Parlato, respondent, v Gregory M.
Saragossi, et al., defendants, Look
Entertainment Ltd., d/b/a Show Time Café,
appellant.
(Action No. 2)
(Index No. 24026/99)
Marc Medina, plaintiff, v Gregory Saragossi,
et al., defendants.
(Action No. 3)
(Index No. 16083/99)
Christopher Drellos, et al., plaintiffs-appellants-
respondents, v Gregory M. Saragossi, et al.,
respondents, Look Entertainment Ltd., T/A
Show Time Café, respondent-appellant, et al.,
defendant.
(Action No. 4)
(Index No. 31800/99)
Amanda Morrison, plaintiff,
v Michael Killoran, et al., defendants.
(Action No. 5)
(Index No. 16169/01

ORDER ON APPLICATION

Application by Look Entertainment Ltd., T/A Show Time Café pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect its appeal from an order of the Supreme Court, Nassau County, dated February 9, 2004.

ORDERED that the application is granted and the movant's time to perfect its appeal is enlarged until March 16, 2005, and the record or appendix on the appeal and the movant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20512

O/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-10917, 2004-10919
Luz Nunez, etc., et al., respondents, v
Anastasios Mousouras, appellant, et al.,
defendants.
(Docket No. 49345/01)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated November 22, 2004, and December 6, 2004, respectively, for leave to appeal from the order dated November 22, 2004, and 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 branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that on the court's own motion, the appeal from the order dated November 22, 2004, is dismissed, without costs or disbursements, as the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701); and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20530

J/sl

2004-06354

Louis Pate, appellant, v
John Pate, et al., respondents.

(Index No. 13352/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Richmond County, dated June 30, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 21, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20533

PL/sl

2004-01983

Harshanie Persaud, respondent,
v Jerome A. Persaud, appellant.
(Index No. 7599/00)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, entered January 2, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 18, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20353

R/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-11236, 2004-00992, 2004-06724

Robert Plan Corporation, et al., appellants,
v Perot Systems Corporation, respondent.
(Index No. 17012/03)

DECISION & ORDER ON MOTION

Motion by the appellants for a preference in the calendaring of appeals from three orders of the Supreme Court, Nassau County, dated December 15, 2003, December 30, 2003, and July 15, 2004, respectively.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20516

O/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2000-05767, 2003-08370
Evelyn Sabba, respondent, v
Jen Kuo Chen, defendant, Jing Chun Wu,
appellant.
(Index No. 8220/90)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a judgment and an order of the Supreme Court, Queens County, dated May 1, 2000 (Appellate Division Docket No. 2000-05767), and August 22, 2003 (Appellate Division Docket No. 2003-08370), respectively, (1) to recall and vacate a decision and order on motion of this court dated September 11, 2002, which dismissed the appeal from the judgment, to reinstate that appeal, and to enlarge the time to perfect that appeal, and (2) upon reinstating the appeal from the judgment, to recall and vacate a decision and order of this court dated November 8 2004, which determined the appeal from the order dated August 22, 2003 and to recalendar that 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 motion is denied.

ADAMS, J.P., RITTER, GOLDSTEIN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20524

C/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2002-11250
Tatiana Samoilova, appellant, v Visiting Nurse
Service of New York, et al., respondents.
(Index No. 13483/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to reargue a motion to recall and vacate so much of a decision and order on motion of this court dated September 4, 2003, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - July 2003 Calendar", as dismissed an appeal from an order of the Supreme Court, Queens County, dated November 13, 2002, for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect the appeal, which was determined by decision and order on motion of this court dated December 6, 2004.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20523

Y/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-05328, 2004-06341
Raymond Shapiro, et al., appellants,
v Rockville Country Club, Inc., et al.,
respondents.
(Index No. 15308/02)

DECISION & ORDER ON MOTION

Motion by the the respondents Rockville Country Club, Inc., Walter Josiah, Robert Matthews, Anthony Mauro, James Gomiela, Jack Tenenbaum, Anthony Zotollo, Robert Miceli, Donald Runacres, Patrick Lerza, Peter Miller, Eugene Cardoza, James Gemino, Steven Smith, Edward Paternostro, Nicholas Balzano, Daniel Lennon, Patrick Lagudi, Edward Roger, and Peter Doran to dismiss the appeals from a judgment and an order of the Supreme Court, Nassau County, entered May 27, 2004, and dated June 21, 2004, respectively, for failure to post an undertaking in accordance with the order dated June 21, 2004. Cross motion by the appellants, in effect, for leave to reargue that branch of their prior motion which was to stay enforcement of so much of the order dated June 21, 2004, as directed them to post an undertaking pending hearing and determination of the appeals, which was determined by decision and order on motion of this court dated November 17, 2004.

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

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

ORDERED that the cross motion is granted, and upon reargument, that branch of the appellant's prior motion which was to stay enforcement of so much of the order dated June 21, 2004, as directed them to post an undertaking is granted, and enforcement of so much of the order dated June 21, 2004, as directed them to post an undertaking, is stayed, pending hearing and determination of the appeals.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20535

S/nal

2004-04625

Henry Stojowski, appellant,
v Peter D'Sa, et al., respondents.
(Index No. 19703/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated April 1, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 7, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20514

R/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA, JJ.

2003-10557
Christine Valente, appellant,
v Anthony Valente, respondent.
(Index No. 2490/98)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated October 23, 2003.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until February 15, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20531

PL/sl

2004-06528
Joseph Vingo, respondent,
v Saranne Rosner, et al., appellants.
(Index No. 47535/98)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated June 28, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 11, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20525

Y/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2003-07243, 2003-07688, 2003-07690
In the Matter of Infinite G. (Anonymous).
Commissioner of the Administration for Children's
Services of the City of New York, respondent;
Danielle M. (Anonymous), appellant.
(Proceeding No. 1)
(Docket No. NA-15498/01)
In the Matter of D'Asia H. (Anonymous).
Commissioner of the Administration for Children's
Services of the City of New York, respondent;
Danielle M. (Anonymous), appellant.
(Proceeding No. 2)
(Docket No. NA-15499/01)

DECISION & ORDER ON MOTION

Motion by appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated October 25, 2004, which determined appeals from three orders of the Family Court, Queens County, one dated December 19, 2002, and two dated July 16, 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 denied.

S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20527

Y/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-10166
In the Matter of Desiree L. (Anonymous).
Dutchess County Department of Social Services,
respondent; David L. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Dylan L. (Anonymous).
Dutchess County Department of Social Services,
respondent; David L. (Anonymous), appellant.
(Proceeding No. 2)
In the Matter of Nicole J. (Anonymous).
Dutchess County Department of Social Services,
respondent; David L. (Anonymous), appellant.
(Proceeding No. 3 )
In the Matter of Lisa J. (Anonymous).
Dutchess County Department of Social Services,
respondent; David L. (Anonymous), appellant.
(Proceeding No. 4)
In the Matter of Amanda J. (Anonymous).
Dutchess County Department of Social Services,
respondent; David L. (Anonymous), appellant.
(Proceeding No. 5)
In the Matter of Ericka J. (Anonymous).
Dutchess County Department of Social Services,
respondent; David L. (Anonymous), appellant.
(Proceeding No. 6)
(Docket Nos. N-8186-01, N-0204-02, N-08182-01,
N-08183-01, N-08184-01, N-08185-01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, for leave to prosecute an appeal from an order of the Family Court, Dutchess County, entered October 4, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person and for the assignment of counsel is granted; the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those mintues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Neal D. Futerfas, Esq.

50 Main Street - Suite 1000

White Plains, New York 10606

(914) 682-2171

and it is further,

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

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20495

PL/sl

2004-05406, 2004-05408

In the Matter of Snow Industries, Inc., appellant,
v Board of Education of Smithtown Central
School District, et al., respondents.
(Index No. 25214/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Suffolk County, dated January 5, 2004, and March 24, 2004, respectively.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until April 18, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20521

O/sl

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2004-05042
In the Matter of Claire Toy, respondent,
v Anthony Toy, appellant.
(Docket No. F-0200-01)

DECISION & ORDER ON MOTION

Appeal by Anthony Toy from an order of the Family Court, Suffolk County, dated May 21, 2004. By order to show cause dated December 21, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a decision and order on motion of this court dated November 9, 2004, which denied the appellant's motion for leave to prosecute the appeal as a poor person with leave to renew on or before December 13, 2004.

On the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion dated November 9, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20517

O/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-10399
In the Matter of Antonio Vega, respondent,
v Rosaicela Mora Diaz, appellant.
(Docket Nos. V-433-04, V-434-03)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Rockland County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Rockland County, dated October 28, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.

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

ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before February 1, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before February 22, 2005, upon the submission of proper papers establishing entitlement to poor person relief and indicating that the appellant is interested in pursuing the appeal.

KRAUSMAN, J.P., MASTRO, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20068

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-09771
The People, etc., respondent,
v Taiwan Battle, appellant.

(Ind. No. 5898/03)

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 an amended judgment of the Supreme Court, Kings County, rendered September 28, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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 respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

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

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

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

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

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

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

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

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

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

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

PRUDENTI, P.J., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 4671

P. O. Box 800 - Berme Road

Napanoch, New York 12458

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

Appellate Division: Second Judicial Department

M20168

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

NANCY E. SMITH

STEVEN W. FISHER, JJ.

2004-08876
The People, etc., respondent,
v Shamel Bey, appellant.

(Ind. No. 1887/04)

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 September 20, 2004, as a poor person, and for the assignment of counsel.

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

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

RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5128

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

M20464

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-08028
The People, etc., respondent,
v Reuben Bramble, appellant.

(Ind. No. 4257/03)

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 11, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4591

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

M20463

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-04301
The People, etc., respondent,
v Edward Bridges, appellant.

(Ind. No. 3058/99)

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, Queens County, rendered April 29, 2003, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

00 A 5400

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

M20172

SONDRA MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-08411

The People, etc., respondent,
v James Daly, appellant.
(Ind. No. 1371/03)

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 March 12, 2004, for leave to prosecute the appeal as a poor person, assignment of counsel, and separate motion by former counsel assigned to represent the appellant for the same relief.

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

ORDERED that the motions are granted; and it is further,

ORDERED that the appellants's moving papers are deemed to constitute a timely notice of appeal; and it is further,

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

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and 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.

S. MILLER, J.P., RITTER, GOLDSTEIN, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 1805

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

M20082

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-09294
The People, etc., respondent,
v Joseph DeLacruz, appellant.

(Ind. No. 1892/01)

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 13, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 4345

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

M20169

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-09515

The People, etc., respondent,
v Michael Delgado, appellant.
(Ind. No. 3616/02)

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, Kings County, rendered May 12, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appellants's moving papers are deemed to constitute a timely notice of appeal; and it is further,

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and 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, FISHER, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 2109

Gouverneur Corr. Fac.

Box 480

Gouverneur, New York 13642

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

Appellate Division: Second Judicial Department

M20080

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-09772
The People, etc., respondent,
v Darryl Devore, appellant.

(Ind. No. 6902/01)

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 26, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 4518

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

M20170

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

SONDRA MILLER, JJ.

2004-09595

The People, etc., respondent,
v Nelson Donigan, a/k/a Nelson Donnigan, appellant.
(Ind. No. 669/03)

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 September 29, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appellants's moving papers are deemed to constitute a timely notice of appeal; and it is further,

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and is further,

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

SCHMIDT, J.P., ADAMS, COZIER, and S. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5355

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

M20073

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-09505
The People, etc., respondent,
v Darrill Dupree, appellant.

(Ind. No. 8544/03)

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 4, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5466

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

M20048

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2002-04664
The People, etc., respondent,
v Jean Faustin, appellant.

(Ind. No. 2581/00)

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, Queens County, rendered April 29, 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., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

02 R 2390

Collins Corr. Fac.

Box 340

Collins, New York 14034

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

Appellate Division: Second Judicial Department

M20085

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-09769
The People, etc., respondent,
v Jennifer Fecu, appellant.

(Ind. No. 5525/02)

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 September 7, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 G 0854

Bedford Hills Corr. Fac.

247 Harris Rd. - Box 1000

Bedford Hills, New York 10507

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

Appellate Division: Second Judicial Department

M20060

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-09503, 2004-09504
The People, etc., respondent,
v Jason Forgetta, appellant.

(Ind. Nos. 7402/01, 1900/02)

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 appeals from two judgments of the Supreme Court, Kings County, both rendered October 6, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:

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

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

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

PRUDENTI, P.J., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 4390

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

M20058

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-10287, 2004-10298
The People, etc., respondent,
v Karen Fotiou, appellant.

(Ind. Nos. 3158/02, 1635/03)

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 appeals from two judgments of the Supreme Court, Queens County, both rendered September 29, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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 appeals:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

PRUDENTI, P.J., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

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

Appellate Division: Second Judicial Department

M20066

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-10210
The People, etc., respondent,
v Acquila Gaither, appellant.

(Ind. No. 7543/03)

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 November 8, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 6084

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

M19886

K/sl

NANCY E. SMITH, J.

2004-08662
The People, etc., plaintiff,
v Simeon Gayle, defendant.
(Ind. No. 2842/99)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated August 6, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

NANCY E. SMITH

Associate Justice

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

Appellate Division: Second Judicial Department

M20176

BARRY A. COZIER, J.P.

DAVID S. RITTER

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2004-10461

The People, etc., respondent,
v Ronald Haynes, appellant.
(Ind. No. 6705/03)

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, Kings County, rendered May 13, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appellants's moving papers are deemed to constitute a timely notice of appeal; and it is further,

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and is further,

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

COZIER, J.P., RITTER, LUCIANO, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 3047

Elmira Corr. Fac.

Box 500

Elmira, New York 14902

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

Appellate Division: Second Judicial Department

M20489

PL/sl

2002-05750
The People, etc., respondent,
v John Holder, appellant.
(Ind. No. 6028/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 12, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 7, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20052

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-10073
The People, etc., respondent,
v Manuel Inga, appellant.

(Ind. No. 3327/02)

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 27, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 4534

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

M20054

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-09213
The People, etc., respondent,
v Jose Jaquez, appellant.

(Ind. No. 10376/03)

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 13, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 4338

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

M20057

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-09802
The People, etc., respondent,
v Anthony Jesus, appellant.

(Ind. No. 2959/03)

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 20, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5857

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

M20434

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2003-03319
The People, etc., respondent,
v Ashia Johns, appellant.
(Ind. No. 9866/01)

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 April 3, 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, J.P., ADAMS, S. MILLER, and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 G 0386

Albion Corr. Fac.

3595 State School Road

Albion, New York 14411

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

Appellate Division: Second Judicial Department

M20070

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2002-08499
The People, etc., respondent,
v Miguel Lampon, appellant.

(Ind. No. 6349/01)

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 September 5, 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., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

02 A 5086

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

M20175

BARRY A. COZIER, J.P.

DAVID S. RITTER

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2004-10380

The People, etc., respondent,
v Christino Maarte, appellant.
(Ind. No. 1485/04)

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

Motion by the appellant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered May 25, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appellants's moving papers are deemed to constitute a timely notice of appeal; and it is further,

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and is further,

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

COZIER, J.P., RITTER, LUCIANO, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 2373

Lakeview Corr. Fac.

Box T

Brocton, New York 14716

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

Appellate Division: Second Judicial Department

M20518

C/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

PETER B. SKELOS, JJ.

2003-04033
The People, etc., respondent,
v Daniel Martinez, appellant.
(Ind. No. 2171/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered April 21, 2003.

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

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

ORDERED that the respondent's time to serve and file a brief is enlarged until January 20, 2005, and the respondent's brief must be served and filed on or before that date.

SCHMIDT, J.P., ADAMS, SANTUCCI and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20075

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-09770
The People, etc., respondent,
v Anthony Munford, appellant.

(Ind. No. 1958/03)

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 18, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5762

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

M20537

O/nal

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

1996-03195

The People, etc., respondent, v
Alberto Murillo, a/k/a Victor Quintero, appellant.
(Ind. No. 13060/94)

DECISION & ORDER ON MOTION

Motion by the appellant to reargue an application for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this court dated December 14, 1998 (People v Murillo, 256 AD2d 423), affirming a judgment of the Supreme Court, Kings County, rendered March 27, 1996, which was determined by decision and order of this court dated November 15, 2004.

ORDERED that the motion is denied.

PRUDENTI, P.J., S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20077

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-09303
The People, etc., respondent,
v Donald Myrick, appellant.

(Ind. No. 6856/02)

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 7, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5638

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

M20084

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-09768
The People, etc., respondent,
v Azaz Nagmeldeen, appellant.

(Ind. No. 7571/01)

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 12, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5731

Green Haven Corr. Fac.

Box 51

Comstock, New York 12821

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

Appellate Division: Second Judicial Department

M20532

PL/sl

2002-05448
The People, etc., respondent,
v Leroy Nelson, appellant.
(Ind. No. 01-00217)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Rockland County, rendered May 21, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 21, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20087

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-09502
The People, etc., respondent,
v Damian Nicholson, appellant.

(Ind. No. 6767/03)

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 14, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

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

Appellate Division: Second Judicial Department

M20062

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-10208, 2004-10209
The People, etc., respondent,
v Jajara Pedroza, appellant.

(Ind. Nos. 5500/00, 5925/00)

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 appeals from two judgments of the Supreme Court, Kings County, both rendered November 9, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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 appeals:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

PRUDENTI, P.J., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 G 1090

Bedford Hills Corr. Fac.

247 Harris Road

Bedford Hills, New York 10507

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

Appellate Division: Second Judicial Department

M20079

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-09775
The People, etc., respondent,
v Stanley Robinson, appellant.

(Ind. No. 7478/03)

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 November 1, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5961

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

M20167

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-03695
The People, etc., respondent,
v Jose Rodriguez, appellant.

(Ind. No. 5320/02)

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 April 8, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 2179

Arthur Kill Corr. Fac.

2911 Arthur Kill Road

Staten Island, New York 10309

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

Appellate Division: Second Judicial Department

M20055

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-09801
The People, etc., respondent,
v Kaaseeim Romain, appellant.

(Ind. No. 1370/03)

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 September 8, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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., ALTMAN, FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4966

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

M19889

K/sl

NANCY E. SMITH, J.

2004-03024
The People, etc., plaintiff,
v Tony Rosa, defendant.
(Ind. No. 10815/94)

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 March 8, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

NANCY E. SMITH

Associate Justice