Appellate Division: Second Judicial Department

M20642

PL/sl

2004-08294 Matthew Adessa, appellant, v Joseph Litrenta, et al., respondents. (Index No. 17566/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated April 13, 2004.

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

Appellate Division: Second Judicial Department

M20684

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-04051 Foo Chong, respondent, v Benzion Wachsman, et al., appellants. (Index No. 6352/00)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants for leave to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated February 13, 2004.

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

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20687

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2003-02765, 2003-06968 Lisa Gussack, appellant, v Evan H. Bellin, respondent. (Index No. 10809/94)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw appeals from two orders of the Supreme Court, Westchester County, dated January 29, 2003, and August 5, 2003, respectively.

Upon the stipulation of the attorneys for the respective parties, it is

ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20689

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-01761 Lisa Gussack, respondent-appellant, v Evan H. Bellin, appellant-respondent. (Index No. 10809/94)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated January 27, 2004.

Upon the stipulation of the attorneys for the respective parties, it is

ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20690

S/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-05295 James Hayden, respondent, v County of Nassau, defendant, Nassau County Health Care Corporation, et al., appellants. (Index No. 2399/04)

DECISION & ORDER ON MOTION

Application by the appellants 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, Nassau County, dated April 20, 2004.

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

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 27, 2005.

S. MILLER, J.P., RITTER, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20627

M/nal

2004-08847 David Kaplan, appellant, v Nicole Kaplan, respondent. (Index No. 202833/01)

SCHEDULING ORDER

Appeal by David Kaplan from a judgment of the Supreme Court, Nassau County, dated August 30, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by serving and filing the record or appendix and the brief on the appeal is enlarged until February 21, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20650

E/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-05272 Pauline LeBlanc, appellant, v Theodore Budman et al., respondents, Jeffrey K. Goldsmith, et al., defendants. (Appeal No. 1) 2004-09482 Pauline LeBlanc, appellant, v Theodore Budman et al., respondents. (Appeal No. 2) (Index No. 22494/98)

DECISION & ORDER ON MOTION

Separate motions by (1) Dani Tibor and Oser Kaszko and (2) Jeffrey K. Goldsmith and Martin E. Gunther on appeals from an order of the Supreme Court, Nassau County, entered February 25, 2004 (Appellate Division Docket No. 2004-05272), and a judgment of the same court dated August 9, 2004 (Appellate Division Docket No. 2004-09482), to dismiss the appeal from the judgment on the ground that appellate review of the judgment is precluded because the order entered February 25, 2004, constituted a "final" order in the action. By decision and order on motion of this court dated September 30, 2004, the appeal from the order insofar as asserted against Jeffrey K. Goldsmith and Martin E. Gunther was dismissed on the ground that the appeal as against those defendants was untimely taken.

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

ORDERED that on the court's own motion, the appeal from the order is dismissed, without costs or disbursements as the order was superseded by the judgment (see Matter of Aho, 39 NY2d 241, 248); and it is further,

ORDERED that the motions are denied.

FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20647

C/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-05643, 2005-00365 Gary Levine, respondent-appellant, v Barbara Levine, appellant-respondent. (Index No. 201713/00)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay the enforcement of stated portions of a judgment of the Supreme Court, Nassau County, entered June 3, 2004, and an order of the same court dated December 21, 2004, pending 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 the motion is granted to the extent that so much of the judgment and the order as directed the appellant-respondent to pay an attorney's fee in the sum of $250,000 to the respondent-appellant is stayed on condition that (1) on or before February 22, 2005, the appellant-respondent pay the respondent-appellant the sum of $100,000 towards attorney's fees and (2) the appellant-respondent perfects the appeals on or before March 10, 2005, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appellant-respondent does not pay the respondent-appellant the sum of $100,000 towards attorney's fees on or before February 22, 2005, or does not perfect the appeals on or before March 10, 2005, the court, on its own motion, may vacate the stay, or the respondent-appellant may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20668

CF/

2004-10826 Carmella Manning, respondent, v T & E Housewares U.S.A., et al., appellants. (Index No. 49129/01)

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 September 22, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20698

K/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2003-02261 Robert Melina., respondent, v Reithoffer Shows, Inc., appellant. (Index No. 3979/98)

ORDER TO SHOW CAUSE

The defendant having appealed to this court from a judgment of the Supreme Court, Kings County, entered February 4, 2003, and having perfected the appeal on December 5, 2003, the respondent having filed a brief on February 6, 2004, and the appellant having filed a reply brief on February 17, 2004, the matter was placed on this court's calendar for December 13, 2004. By letter dated December 10, 2004, the respondent's counsel advised this court, inter alia, that the action had been settled in or about June 2004. By letter also dated December 10, 2004, the appellant's counsel confirmed that the case had settled in June 2004 and submitted a stipulation withdrawing the appeal.

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

ORDERED that the appellant's counsel, Craig T. Heard, is directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against him pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate by 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 the respondent on or before February 18, 2005.

Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).

The Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon counsel for the respective parties by regular mail.

SANTUCCI, J.P., LUCIANO, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20662

Y/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

FRED T. SANTUCCI

STEVEN W. FISHER, JJ.

2004-11062 Kevin M. Moonan, respondent, v Darlene Moonan, appellant. (Index No. 18237/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this court from an order of the Supreme Court, Westchester County, dated November 29, 2004, and to stay enforcement of the order pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary (see CPLR 5701[a][2]); and it is further,

ORDERED that on the court's own motion, the appellant's motion papers are deemed to constitute a timely notice of appeal from the order dated November 29, 2004 (see CPLR 5520[b]); and it is further,

ORDERED that the motion is otherwise denied.

COZIER, J.P., S. MILLER, SANTUCCI and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20625

M/nal

2004-10049 Ion Oltean, respondent, v Maria Oltean, appellant. (Index No. 3263/03)

SCHEDULING ORDER

Appeal by Maria Oltean from a judgment of the Supreme Court, Queens County, dated September 23, 2004. Pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]) , it is

ORDERED that the appellant's time to respond to the scheduling order dated November 24, 2004, is enlarged until March 4, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20645

O/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-00822 One Gateway Plaza, LLC, appellant, v Village of Port Chester, et al., respondents. (Index No. 17125/01)

DECISION & ORDER ON MOTION

Motion by the respondent G & S Port Chester, LLC, to enlarge the time of the respondents to serve and file their respective briefs on an appeal from an order of the Supreme Court, Westchester County, entered December 18, 2002.

Upon the papers filed in support of the motion and upon the stipulation of the parties dated December 9, 2004, it is

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

ORDERED that the respondents' time to serve and file their respective briefs is enlarged until February 22, 2005, and the respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20672

E/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-05764, 2004-08001 Rosemary Rizzuto, respondent, v Joseph Rizzuto, appellant. (Index No. 20070/02)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from an order of the Supreme Court, Westchester County, dated May 25, 2004, and a judgment of the same court dated August 26, 2004, inter alia, to strike pages 209 through 214 of the appellant's appendix 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 strike pages 209 through 214 of the appellant's appendix is granted and on or before February 7, 2005, the appellant shall remove those pages from the appendix, and either serve and file a supplemental appendix containing a copy of the stipulation of facts which is attached as Exhibit H to the respondent's motion papers or replace pages 209 through 214 of the appendix with a copy of the stipulation of facts attached as Exhibit H to the respondent's motion papers; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the respondent shall serve and file her brief on or before March 7, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20695

S/sl

2004-02406 Town of Mount Pleasant, appellant, v Legion of Christ, Inc., respondent. (Index No. 14047/97)

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 and judgment (one paper) of the Supreme Court, Westchester County, dated February 3, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 25, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20633

O/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-03318 In the Matter of Lawrence A. (Anonymous), appellant. (Docket No. D-22866/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated March 19, 2004, (1) to compel Milagros Martinez, a court reporter, to provide the stenographic transcripts of the proceedings which occurred on October 30, 2003, in the above-entitled matter, and (2) to enlarge the time to perfect 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 to compel the court reporter, Milagros Martinez, to provide the stenographic transcripts of the proceedings which occurred on October 30, 2003, in the above-entitled matter is granted; and it is further,

ORDERED that on or before February 4, 2005, the attorney for the appellant is directed to personally serve the court reporter, Milagros Martinez, with a copy of this decision and order; and it is further,

ORDERED that on or before March 4, 2005, the court reporter, Milagros Martinez, shall serve upon the attorney for the appellant copies of the transcripts of the proceedings, which occurred on October 30, 2003, in the above-entitled matter; and it is further,

ORDERED that in the event that court reporter, Milagros Martinez, does not serve the above-noted transcripts on the attorney for the appellant within the time provided by this decision and order, the appellant may serve and file a motion to hold Milagros Martinez in contempt of court, which motion shall be made in accordance with the procedures set forth in the Judiciary Law; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is referred to the Clerk of the court for issuance of the scheduling order pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]).

LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20680

O/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-08202 In the Matter of Rafael Almeyda, appellant, v Susan Schultz, etc., respondent. (Index No. 5143/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Orange County, dated August 3, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

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

ORDERED that the motion is granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20629

O/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-04167 In the Matter of Rashawn B. (Anonymous), appellant. (Docket No. D-01399/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated March 25, 2004, (1) to compel Milagros Martinez, a court reporter, to provide the stenographic transcripts of the proceedings which occurred on March 25, 2004, in the above-entitled matter, and (2) to enlarge the time to perfect 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 to compel the court reporter, Milagros Martinez, to provide the stenographic transcripts of the proceedings which occurred on March 25, 2004, in the above-entitled matter is granted; and it is further,

ORDERED that on or before February 4, 2005, the attorney for the appellant is directed to personally serve the court reporter, Milagros Martinez, with a copy of this decision and order; and it is further,

ORDERED that on or before March 4, 2005, the court reporter, Milagros Martinez, shall serve upon the attorney for the appellant copies of the transcripts of the proceedings, which occurred on March 25, 2004, in the above-entitled matter; and it is further,

ORDERED that in the event that court reporter, Milagros Martinez, does not serve the above-noted transcripts on the attorney for the appellant within the time provided by this decision and order, the appellant may serve and file a motion to hold Milagros Martinez in contempt of court, which motion shall be made in accordance with the procedures set forth in the Judiciary Law; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is referred to the Clerk of the court for issuance of the scheduling order pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]).

LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20638

O/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-06093 In the Matter of Tawana B. (Anonymous), appellant. (Docket No. D-36192/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated June 16, 2004, (1) to compel Milagros Martinez, a court reporter, to provide the stenographic transcripts of the proceedings which occurred on December 9, 2003, April 19, 2004, and June 16, 2004, respectively, in the above-entitled matter, and (2) to enlarge the time to perfect 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 to compel the court reporter, Milagros Martinez, to provide the stenographic transcripts of the proceedings which occurred on December 9, 2003, April 19, 2004, and June 16, 2004, respectively, in the above-entitled matter is granted; and it is further,

ORDERED that on or before February 4, 2005, the attorney for the appellant is directed to personally serve the court reporter, Milagros Martinez, with a copy of this decision and order; and it is further,

ORDERED that on or before March 4, 2005, the court reporter, Milagros Martinez, shall serve upon the attorney for the appellant copies of the transcripts of the proceedings, which occurred on December 9, 2003, April 19, 2004, and June 16, 2004, respectively, in the above-entitled matter; and it is further,

ORDERED that in the event that court reporter, Milagros Martinez, does not serve the above-noted transcripts on the attorney for the appellant within the time provided by this decision and order, the appellant may serve and file a motion to hold Milagros Martinez in contempt of court, which motion shall be made in accordance with the procedures set forth in the Judiciary Law; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is referred to the Clerk of the court for issuance of the scheduling order pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]).

LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20649

M/nal

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-05179 In the Matter of Virginia B. (Anonymous), appellant. (Docket No. E-5897-03)

SCHEDULING ORDER

Appeal by Virginia B. from an order of the Family Court, Queens County, dated January 23, 2004. The transcripts in the above-entitled appeal were received by the appellant on or about November 15, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 21, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20643

O/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-07484, 2004-07486 In the Matter of Jennifer Bowe, respondent, v Louie Robinson, appellant. (Docket Nos. V-2277/01, V-13871/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for a reconstruction hearing on appeals from two orders of the Family Court, Queens County, both dated July 15, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20664

M/nal

2004-04305 In the Matter of Kayla C. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Daria C. (Anonymous), appellant, et al., respondent. (Docket Nos. N-14856-03, N-14864-03)

SCHEDULING ORDER

Appeal by Daria C. from an order of the Family Court, Suffolk County, dated April 14, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 21, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20652

M/nal

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-03254 In the Matter of Ibrahim D. (Anonymous), appellant. (Docket No. D-22896/03)

SCHEDULING ORDER

Appeal by Ibrahim D. from an order of the Family Court, Kings County, dated March 3, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 24, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until February 15, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20655

M/nal

2004-07228 In the Matter of Maureen A. Dell'Isola, respondent, v Salvatore Dell'Isola, appellant. (Docket No. O-13404/04)

SCHEDULING ORDER

Appeal by Salvatore Dell'Isola from an order of the Family Court, Suffolk County, dated August 3, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 10, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20682

L/

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A ADAMS

BARRY A. COZIER, JJ.

2004-04106 In the Matter of First Time Design, appellant, v Board of Zoning Appeals of Town of Brookhaven, respondent. (Index No. 11220/03)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, dated April 5, 2004.

Upon the stipulation of the attorneys for the respective parties, dated December 28, 2004, it is

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

FLORIO, J.P., H. MILLER, SCHMIDT, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20641

M/nal

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-03321 In the Matter of Anthony G. (Anonymous), Jr. Administration for Children's Services, et al., petitioners-respondents; Luz S. (Anonymous), appellant; et al., respondent. (Docket No. B-1880/02)

SCHEDULING ORDER

Appeal by Luz S. from an order of the Family Court, Kings County, dated March 26, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 23, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until February 4, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20686

M/nal

2004-06409 In the Matter of Devon H. (Anonymous), appellant. (Docket No. E-37146/03)

SCHEDULING ORDER

Appeal by Devon H. from an order of the Family Court, Kings County, dated July 13, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 18, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20631

M/nal

2004-02522, 2004-02524 In the Matter of Shondel Jackson, respondent, v Mark DeSouza, appellant. (Docket No. P-06630/00)

SCHEDULING ORDER

Appeals by Mark DeSouza from two orders of the Family Court, Kings County, dated October 20, 2003, and February 16, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on November 5, 2004. By decision and order on motion of this court dated January 7, 2005, the following attorney was assigned to represent the respondent on the appeals:

Steven P. Forbes, Esq.

90-50 Parsons Blvd. - Suite 401

Jamaica, New York 11432

(718) 791-8444

Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeals is enlarged until February 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20623

M/nal

2004-10644 In the Matter of Justine Sophia Lachmann, respondent, v Thierry H. LeJemtel, appellant. (Docket No. F-12022/03)

SCHEDULING ORDER

Appeal by Thierry H. Lejemtel from an order of the Family Court, Nassau County, dated October 18, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 18, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20681

M/nal

2004-05719 In the Matter of George J. Navarro, appellant, v Eleanor S. Navarro, respondent. (Docket No. F-10468/02)

SCHEDULING ORDER

Appeal by George J. Navarro from an order of the Family Court, Nassau County, dated May 12, 2004. The appellant's brief was filed in the office of the Clerk of this court on October 1, 2004. By decision and order on motion of this court dated January 19, 2005, the respondent's motion, inter alia, for the assignment of counsel on the appeal was denied. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until February 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20626

M/nal

2004-00884 In the Matter of Anthony O. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-101-02) In the Matter of Nicholas K. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-102-02) In the Matter of Tabitha K. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-103-02)

SCHEDULING ORDER

Appeal by Lillian O. from an order of the Family Court, Westchester County, dated December 29, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 2, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's and the law guardian's time to serve and file their briefs on the appeal is enlarged until February 21, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20639

O/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-06411 In the Matter of Emmanuel O. (Anonymous), appellant. (Docket No. D-37583/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated July 14, 2004, (1) to compel Milagros Martinez, a court reporter, to provide the stenographic transcripts of the proceedings which occurred on January 5, 2004, in the above-entitled matter, and (2) to enlarge the time to perfect 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 to compel the court reporter, Milagros Martinez, to provide the stenographic transcripts of the proceedings which occurred on January 5, 2004, in the above-entitled matter is granted; and it is further,

ORDERED that on or before February 4, 2005, the attorney for the appellant is directed to personally serve the court reporter, Milagros Martinez, with a copy of this decision and order; and it is further,

ORDERED that on or before March 4, 2005, the court reporter, Milagros Martinez, shall serve upon the attorney for the appellant copies of the transcripts of the proceedings, which occurred on January 5, 2004, in the above-entitled matter; and it is further,

ORDERED that in the event that court reporter, Milagros Martinez, does not serve the above-noted transcripts on the attorney for the appellant within the time provided by this decision and order, the appellant may serve and file a motion to hold Milagros Martinez in contempt of court, which motion shall be made in accordance with the procedures set forth in the Judiciary Law; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is referred to the Clerk of the court for issuance of the scheduling order pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]).

LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20624

M/nal

2004-02089 In the Matter of Beth Panetta, appellant, v Gannon T. Ruddy, Sr., respondent. (Docket No. V-4224-97)

SCHEDULING ORDER

Appeal by Beth Panetta from an order of the Family Court, Suffolk County, dated February 20, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 2, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until February 4, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20630

M/nal

2004-03939 In the Matter of Benjamin Perez, respondent, v Grissel M. Sepulveda, appellant. (Docket No. V-17007-01)

SCHEDULING ORDER

Appeal by Grissel M. Sepulveda from an order of the Family Court, Queens County, dated April 30, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 13, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20659

M/nal

2004-06086 In the Matter of Henry Ramos, respondent, v Westchester County Department of Social Services, o/b/o Joan Sivulich, appellant. (Docket No. P-02719-94)

SCHEDULING ORDER

Appeal by Westchester County Department of Social Services, o/b/o Joan Sivulich from an order of the Family Court, Westchester County, dated June 4, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 10, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20683

M/nal

2004-02104 In the Matter of Marianna Rosato, respondent, v Mark Rosato, appellant. (Docket No. F-722/97)

SCHEDULING ORDER

Appeal by Mark Rosato from an order of the Family Court, Rockland County, dated February 6, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 19, 2005 . Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20666

Y/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-01682 In the Matter of Joseph A. Sbuttoni, deceased. Georgine Sbuttoni, etc., petitioner-respondent; Michael C. Mullins, appellant; Linda Kotecha, additional respondent. (File No. 1599/00)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent on an appeal from an order of the Surrogate's Court, Westchester County, dated January 21, 2004, inter alia, to strike the appellant's reply brief on the ground that it refers to material 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., COZIER, S. MILLER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20632

M/nal

2005-00194 In the Matter of Todd C. Stumpf, respondent, v Marie Stumpf, appellant. (Docket No. F-06682-04)

SCHEDULING ORDER

ORDERED that the scheduling order in the above-entitled proceeding dated January 12, 2005, is recalled and vacated, and the following scheduling order is substituted therefor:

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20634

O/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-03588 In the Matter of Ronald T. (Anonymous), appellant. (Docket No. D-32425-03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated April 12, 2004, (1) to compel Milagros Martinez, a court reporter, to provide the stenographic transcripts of the proceedings which occurred on January 8, 2004, in the above-entitled matter, and (2) to enlarge the time to perfect 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 to compel the court reporter, Milagros Martinez, to provide the stenographic transcripts of the proceedings which occurred on January 8, 2004, in the above-entitled matter is granted; and it is further,

ORDERED that on or before February 4, 2005, the attorney for the appellant is directed to personally serve the court reporter, Milagros Martinez, with a copy of this decision and order; and it is further,

ORDERED that on or before March 4, 2005, the court reporter, Milagros Martinez, shall serve upon the attorney for the appellant copies of the transcripts of the proceedings, which occurred on January 8, 2004, in the above-entitled matter; and it is further,

ORDERED that in the event that court reporter, Milagros Martinez, does not serve the above-noted transcripts on the attorney for the appellant within the time provided by this decision and order, the appellant may serve and file a motion to hold Milagros Martinez in contempt of court, which motion shall be made in accordance with the procedures set forth in the Judiciary Law; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is referred to the Clerk of the court for issuance of the scheduling order pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]).

LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20657

M/nal

2004-06410 In the Matter of Sheneika V. (Anonymous). Administration for Children's Services, respondent; Gary V. (Anonymous), appellant. (Docket No. N-16366-03)

SCHEDULING ORDER

Appeal by Gary V. from an order of the Family Court, Kings County, dated July 9, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 10, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20637

O/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-02537 In the Matter of Matthew W. (Anonymous), appellant. (Docket No. D-32498-03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated February 25, 2004, (1) to compel Milagros Martinez, a court reporter, to provide the stenographic transcripts of the proceedings which occurred on December 23, 2003, and January 23, 2004, respectively, in the above-entitled matter, and (2) to enlarge the time to perfect 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 to compel the court reporter, Milagros Martinez, to provide the stenographic transcripts of the proceedings which occurred on December 23, 2003, and January 23, 2004, respectively, in the above-entitled matter is granted; and it is further,

ORDERED that on or before February 4, 2005, the attorney for the appellant is directed to personally serve the court reporter, Milagros Martinez, with a copy of this decision and order; and it is further,

ORDERED that on or before March 4, 2005, the court reporter, Milagros Martinez, shall serve upon the attorney for the appellant copies of the transcripts of the proceedings, which occurred on December 23, 2003, and January 23, 2004, respectively, in the above-entitled matter; and it is further,

ORDERED that in the event that court reporter, Milagros Martinez, does not serve the above-noted transcripts on the attorney for the appellant within the time provided by this decision and order, the appellant may serve and file a motion to hold Milagros Martinez in contempt of court, which motion shall be made in accordance with the procedures set forth in the Judiciary Law; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is referred to the Clerk of the court for issuance of the scheduling order pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]).

LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20670

E/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-07977, 2004-07978 In the Matter of Patrick Kishawn W. (Anonymous), a/k/a Patrick W. (Anonymous). Little Flower Children's Services, et al., respondents; Yvonne W. (Anonymous), appellant. In the Matter of "Male" W. (Anonymous), a/k/a Tashien W. (Anonymous), a/k/a Tashiem W. (Anonymous). Little Flower Children's Services, et al., respondents; Yvonne W. (Anonymous), appellant. (Docket Nos. B-16253/03, B-16254/03)

ORDER TO SHOW CAUSE

Appeals by Yvonne W. from two orders of the Family Court, Kings County, both dated August 5, 2004. By order to show cause dated December 27, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 23, 2004, issued pursuant to 22 NYCRR 670.4(a)(2). By affirmation dated December 20, 2004, the appellant's attorney stated that she wished to withdraw the appeal as abandoned.

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

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

ORDERED that the 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 as abandoned 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 14, 2005; and it is further,

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

FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20685

F/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-05907 In the Matter of Glen Walsh, respondent, v Melissa Badick, appellant. (Docket No. V-3366-03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled matter dated September 15, 2004, is recalled and vacated and the following decision and order on motion is substituted therefore:

Motion by the 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 June 8, 2004, and for leave to the appellant to prosecute the appeal as a poor person.

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 counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

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

ORDERED that the 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 minutes 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:

Salvatore C. Adamo, Esq.

PMB 40

350 Fifth Avenue - Suite 3304

New York, New York 10118-0069

(212) 964-7983

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20651

F/

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-10496 The People, etc., respondent, v Robert H. Arden Jr., appellant. (Ind. No. 870-03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an amended judgment of the County Court, Suffolk County, rendered November 16, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20601

A/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-07751 The People, etc., respondent, v Norman Barabash and Douglas Allen, respondents. (Ind. No. 16/04)

DECISION & ORDER ON MOTION

Separate motions by the respondents, in effect, to unseal and release any and all minutes of the Grand Jury proceedings conducted in the above-entitled action to the respondents, in regard to an appeal from an order of the County Court, Dutchess County, dated July 30, 2004.

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

ORDERED that the motion is referred to the panel that is assigned to hear the appeal, to be determined after an in camera review of the minutes in question; and it is further,

ORDERED that the District Attorney shall file the Grand Jury minutes in question with the Clerk of this Court, and those minutes shall remain sealed upon delivery.

LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20658

F/

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-10492 The People, etc., respondent, v Edwin Cartagena, appellant. (Ind. No. 307-04)

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 County Court, Suffolk County, rendered November 9, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

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

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

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

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

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

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

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 6243

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M20671

F/

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-02170 The People, etc., respondent, v Antonio De La Cruz, appellant. (Ind. No. 10789/90)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered February 18, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20656

F/

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-10497 The People, etc., respondent, v Ramon Flores, appellant. (Ind. No. 1114-03)

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, Suffolk County, rendered October 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 the motion is granted; and it is further,

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

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

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

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

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

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

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

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5973

Five Points Corr. Fac.

Box 119

Romulus, New York 14541

Appellate Division: Second Judicial Department

M20644

F/

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-10663 The People, etc., respondent, v Earl Gibson, appellant. (Ind. No. 04-01210)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered November 9, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

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

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

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

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

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

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

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

Steven A. Feldman, Esq.

626 EAB Plaza

West Tower - 6th Floor

Uniondale, New York 11556

and it is further,

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

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

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

FLORIO, J.P., COZIER, S. MILLER, and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

01 A 2511

Hudson Corr. Fac.

Box 576

Hudson, New 12534-0576

Appellate Division: Second Judicial Department

M20653

F/

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-10664 The People, etc., respondent, v Vincent Haynesworth, appellant. (Ind. No. 04-00557)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Westchester County, rendered November 4, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction.

FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20661

F/

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-10489 The People, etc., respondent, v Rodney D. Jackson, appellant. (Ind. No. 1818-04)

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 County Court, Suffolk 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 the motion is granted; and it is further,

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

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

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

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

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

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

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

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5659

Washington Corr. Fac.

Box 180

Comstock, New York 12821

Appellate Division: Second Judicial Department

M20654

F/

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2001-10754 The People, etc., respondent, v Robert Majors, appellant. (Ind. No. 1968/97)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to recall and vacate a decision and order on motion of this court, dated September 15, 2004, which granted his application for leave to serve and file a supplemental brief on his appeal from a judgment of the Supreme Court, Queens County, rendered December 5, 2001, and to deem the application withdrawn.

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, the decision and order on motion dated September 15, 2004, is recalled and vacated, and the appellant's application for leave to serve and file a supplemental brief is deemed withdrawn.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20648

F/

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-09750, 2004-09751 The People, etc., respondent, v Nilda Ortiz, appellant. (Ind. Nos. 04-00550, 04-00594)

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 County Court, Orange County, both 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 opposition thereto, it is

ORDERED the motion is denied.

FLORIO, J.P., COZIER, S. MILLER, and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 G 1038

Bedford Hills Corr. Fac.

247 Harris Road

Bedford Hills, New York 10507

Appellate Division: Second Judicial Department

M20669

A/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2002-10220 The People, etc., respondent, v Steven Peterson, appellant. (Ind. No. 01-00707)

DECISION & ORDER ON MOTION Motion for an Enlargement of time to File a Supplemental brief

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered May 31, 2002.

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

ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before March 14, 2005; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20646

F/

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-10776 The People, etc., plaintiff, v Rene Trifaro, defendant. (Ind. No. 68-04)

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 defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered September 2, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

FLORIO, J.P., COZIER, S. MILLER, and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4894

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M20663

F/

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-10494 The People, etc., respondent, v Richard Walker, appellant. (Ind. No. 1440-04)

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 County Court, Suffolk County, rendered October 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 the motion is granted; and it is further,

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

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

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

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

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

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

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

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5976

Downstate Corr. Fac.

Box F

Fishkill, New York 12524