APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6952

A/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

1998-08363 Bankers Trust Company of California, N.A., etc., respondent, v Jerome T. Dorfman, et al., appellants, et al., defendants. (Index No. 32876/95)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Nassau County, dated June 8, 1998, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7018

S/sl

2003-04833 Cavalry Investments, LLC, appellant, v Household Automotive Finance Corp., et al., respondents. (Index No. 20351/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated May 2, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 1, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7019

S/sl

2003-05061 Citimortgage, Inc., etc., respondent, v Elias DeFairia, appellant. (Index No. 10854/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 12, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 1, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7055

O/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

HOWARD MILLER, JJ.

2002-07535 Teresa Concetto, appellant, v Andrea Pedalino, et al., respondents. (Index No. 10850/00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated September 15, 2003, which determined an appeal from an order of the Supreme Court, Queens County, dated June 27, 2002, and cross application by the respondents for costs and sanctions.

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

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

ORDERED that the cross application is denied without prejudice to making a formal motion (see CPLR 8022).

RITTER, J.P., S. MILLER, LUCIANO and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7034

PL/sl

2003-05809 EDP Hospital Computer Systems, Inc., respondent, v Bronx-Lebanon Hospital Center, appellant. (Index No. 17086/92)

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 May 5, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 22, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7037

E/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-04461 Bruce S. Klutchko, appellant, v Marcy R. Baron, respondent. (Index No. 3586/93)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, dated May 15, 2003, inter alia, to dismiss the appeal on the ground that the record is incomplete, or 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 matter is remitted to the Supreme Court, Westchester County, to settle the record on appeal and to file a report with this court setting forth the material it considered in determining the motion which resulted in the order dated May 15, 2003. The Supreme Court, Westchester County, shall file its report with all covenient speed; and it is further,

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

SANTUCCI, J.P., KRAUSMAN, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6867

A/sl

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2003-11405 Liberty Mutual Insurance Company, et al., respondents, v Parallel Management, et al., defendants, Lloyd Berns, et al., appellants. (Index No. 18068/03)

DECISION & ORDER ON MOTION

Motion by the appellants, in effect, to stay enforcement of so much of an order of the Supreme Court, Nassau County, dated December 22, 2003, as, sua sponte, appointed a temporary receiver, 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 on the court's own motion, the appellants' notice of appeal is treated as an application for leave to appeal from so much of the order as, sua sponte, appointed a temporary receiver, and leave to appeal from that part of the order is granted (see CPLR 5701[c]); and it is further,

ORDERED that the motion is granted to the extent that enforcement of so much of the order dated December 22, 2003, as appointed a temporary receiver, is stayed pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before February 23, 2004, and (2) on or before February 3, 2004, the appellants deposit the sum of $400,000 with the attorneys for the respondents, Troy & Troy, to be held in an interest-bearing escrow account pending hearing and determination of the appeal; and it is further,

 ORDERED that in the event the appeal is not perfected on or before February 23, 2004, or the appellants do not deposit the sum of $400,000 with the respondents' attorneys on or before February 3, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7048

E/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2003-07090 John Lipshultz, et al., respondents, v K&G Industries, Inc., et al., defendants, Strescon Industries, Inc., appellant (and a third-party action). (Index No. 6245/98)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered July 17, 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 March 23, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RITTER, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7027

S/sl

2003-02704 Joseph Mammolito, et al., appellants, v James McHugh, et al., respondents. (Index No. 18242/99)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated September 6, 2002.

ORDERED that the application is granted and the respondents' brief which was submitted to the Clerk of this court on January 20, 2004, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7024

Y/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-08739 Ocwen Federal Bank FSB, f/k/a Berkeley Federal Bank & Trust FSB, respondent, v Jeffrey Miller, et al., appellants, et al., defendants. (Index No. 209/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Westchester County, entered August 27, 2003, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7022

O/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-11429 Pepsico, Inc., et al., respondents, et al., plaintiffs, v Winterthur International America Insurance Company, appellant, et al., defendants. (Index No. 17053/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered December 5, 2003, to stay enforcement of so much of the order as directed it to produce certain documents identified in Paragraph 12 of the affirmation of William C. Kolb, dated January 5, 2004, pending hearing and determination of the appeal.

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 enforcement of so much of the order dated December 5, 2003, as directed the appellant to produce the documents identified in Paragraph 12 of the affirmation of William C. Kolb, dated January 5, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 23, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 23, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

 ORDERED that upon perfection of the appeal the appellant shall file under seal the documents identified in Paragraph 12 of the affirmation of William C. Kolb, dated January 5, 2004, for in camera review by this court.

PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7059

Y/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2003-01200 Gil V. Perez, appellant, v Staten Island Savings Bank, a/k/a Staten Island Bank & Trust, respondent. (Index No. 13064/02)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Richmond County, dated December 19, 2002, inter alia, to strike portions of the appellant's reply brief and for an award of costs.

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 portions of the appellant's reply brief is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7021

Y/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-10358 Barbara Popelaski, respondent, v William Popelaski, appellant. (Index No. 20636/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated October 9, 2003, to vacate a stay of enforcement of the order which was granted by decision and order on motion of this court dated December 11, 2003. Cross application by the appellant to direct the Supreme Court, Nassau County, to expeditiously complete the trial of the action.

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

ORDERED that the motion is granted, and the stay of enforcement of the order of the Supreme Court, Nassau County, dated October 9, 2003, which was granted by decision and order on motion of this court dated December 11, 2003, is hereby vacated; and it is further,

ORDERED that the cross application is denied without prejudice to making a formal motion (see CPLR 8022).

RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7011

K/nl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-02930 Maria Salimeni, appellant, v Joseph Arpino, et al., respondents, et al., defendant. (Index No. 30143/02)

ORDER TO SHOW CAUSE

The plaintiff having appealed to this court from an order of the Supreme Court, Kings County, dated February 27, 2003, and having perfected the appeal on June 13, 2003, the respondents having filed a brief on July 28, 2003, and the appellant having filed a reply brief on August 12, 2003, the matter was placed on this court's calendar for January 13, 2004. By letter dated January 6, 2004, counsel for the appellant notified this court that a stipulation withdrawing the appeal was being submitted. The attached stipulation was dated October 9, 2003.

Now on the court's own motion, it is

ORDERED that the parties or their counsel are 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 the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate 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 all parties to the action on or before February 20, 2004.

Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action is wholly or partially settled * * * 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.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7044

L/

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-02930 Maria Salimeni, appellant, v Joseph (Index No. 30143/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation Arpino, et al., respondents, et al., defendant.

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 27, 2003.

Upon the stipulation of the attorneys for the respective parties, dated October 9, 2003, it is

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7058

Y/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2003-03137 Eugene Sidney, appellant, v State of New York, respondent. (Claim No.106493)

DECISION & ORDER ON MOTION

Motion by the appellant pro se (1) for leave to reargue his prior motion to prosecute an appeal from a judgment of the Court of Claims, dated February 18, 2003, as a poor person and to file only one copy of the brief, 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 enlarge the time to perfect is granted, the appellant's time to perfect the appeal is enlarged until February 26, 2004, 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 will be granted; and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7049

O/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-09068 Alcira Silva, respondent, v Pamela Dawson, defendant, etc., et al., appellants. (Index No. 18690/01)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated September 17, 2003, to enlarge the record to include certain documents, direct the appellants to serve and file a supplemental record, and enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to enlarge the record is granted to the extent that on or before March 9, 2004, the respondent shall serve and file a supplemental record containing (1) the respondent's interrogatories and document demand dated April 29, 2002, (2) the respondent's document demand dated June 1, 2002, (3) the respondent's interrogatories dated June 20, 2002, and (4) the respondent's interrogatories dated June 26, 2002, and that branch of the motion is otherwise denied; 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 it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until March 9, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,

 ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7032

S/sl

SONDRA MILLER, J.P.

HOWARD MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-05750 David Vita, et al., plaintiffs-respondents, v Mass Electric of New York, defendant third-party plaintiff-respondent, New York City Transit Authority, et al., defendants-respondents; North Star Contracting Corp., third-party defendant-appellant. (Index No. 20647/02

DECISION & ORDER ON MOTION

Motion by the respondents Mass Electric of New York, New York City Transit Authority, and City of New York, on an appeal from an order of the Supreme Court, Kings County, dated May 29, 2003, in effect, for leave to serve and file a supplemental record containing an affidavit of John Hamilton, dated April 22, 2003, and to enlarge the time to serve and file briefs.

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

ORDERED that the matter is remitted to the Supreme Court, Kings County, to report on the issue of whether the affidavit of John Hamilton, dated April 22, 2003, was considered by the court in determining the motion which resulted in the order dated May 29, 2003, and the motion is held in abeyance in the interim. The Supreme Court, Kings County shall file its report with all convenient speed.

S. MILLER, J.P., H. MILLER, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7020

S/sl

2003-06717 Vycheslav Yakub, plaintiff-respondent, v Trustees of Northport-East Northport Public Library, defendant third-party plaintiff-respondent, Turner Construction Company, et al., defendants- respondents; J. Sackaris & Son, third-party defendant- appellant, et al., third-party defendants. (Index No. 29293/97)

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, Nassau County, dated June 2, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 29, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7015

Y/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2003-05650 In the Matter of Juan Manuel Ortiz Alvear, appellant, v Brian D. Travis, etc., respondent. (Index No. 1100/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Dutchess County, dated April 30, 2003, for leave to reargue those branches of his prior motion which were for a copy of the transcript without charge, for the assignment of counsel, and to waive the filing fee, which were determined by decision and order on motion of this court dated November 18, 2003.

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

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

ORDERED that on the court's own motion the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until March 15, 2004.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7033

S/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-06647 In the Matter of Anastasia B. (Anonymous). Administration for Children's Services, petitioner- respondent; Shannan B. (Anonymous), respondent; Constantin B. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-17178-97) In the Matter of Maximillian B. (Anonymous). Administration for Children's Services, petitioner- respondent; Shannan B. (Anonymous), respondent; Constantin B. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-17179-97)

DECISION & ORDER ON MOTION

Appeal by Constantin B. from an order of the Family Court, Queens County, dated June 23, 2003. By decision and order on motion dated December 5, 2003, the appellant's time to perfect the appeal was enlarged until January 12, 2004. No steps have been taken to perfect the appeal.

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to perfect the appeal in accordance with the rules (see 22 NYCRR 670.4) and the prior order of this court.

PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6992

M/mv

2003-04279 In the Matter of Rasean B. (Anonymous), appellant. (Docket No. D-22509-02)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Kings County, dated April 16, 2003. The appellant's brief was filed in the office of the Clerk of this court on January 16, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6978

M/mv

2003-09321 In the Matter of Theresa Barton, appellant, v John Barton, respondent. (Docket Nos. V-11566-03,V-11567-03 O-18752-03, O-13574-03)

SCHEDULING ORDER

Appeal by Theresa Barton from an order of the Family Court, Kings County, dated October 9, 2003. By decision and order on motion of this court dated January 15, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Richard Cardinale, Esq.

26 Court Street - #600

Brooklyn, New York 11242

(718) 624-9391

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated January 15, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6987

M/mv

2000-05521, 2000-05523, 2000-05525 In the Matter of Desiree C. (Anonymous). Administration for Children's Services, respondent; Patrick D. (Anonymous), appellant. (Docket Nos. N-23149-50/98)

SCHEDULING ORDER

Appeals by Patrick D. from three orders of the Family Court, Kings County, one dated January 14, 2000, and two dated May 23, 2000. 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 appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant's brief on the appeals is enlarged until February 27, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6993

M/mv

2003-04594 In the Matter of Brandy Cambridge, appellant, v Scott Cambridge, respondent. (Docket No. V-11733-98)

SCHEDULING ORDER

Appeal by Brandy Cambridge from an order of the Family Court, Queens County, dated May 13, 2003. The appellant's brief was filed in the office of the Clerk of this court on January 16, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7009

M/mv

2003-05338 In the Matter of Yevette Freeman, appellant, v Craig Freeman, respondent. (Docket No. O-10306/03)

SCHEDULING ORDER

Appeal by Yevette Freeman from an order of the Family Court, Kings County, dated June 13, 2003. The appellant's brief was filed in the office of the Clerk of this court on January 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 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

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

M6994

M/mv

2003-06417 In the Matter of Leon G. (Anonymous). Orange County Department of Social Services, respondent; Barbara G. (Anonymous), appellant. (Docket No. B-1259-03)

SCHEDULING ORDER

Appeal by Barbara G. from an order of the Family Court, Orange County, dated June 23, 2003. The appellant's brief was filed in the office of the Clerk of this court on January 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 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

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

M7030

S/sl

2003-04398 In the Matter of Dorothy Goodlatte, a/k/a Dorothy Goodlattle, deceased. Ivar W. Malmstorm, appellant; Emil Krahulik, respondent. (Index No. 25/02)

ORDER ON APPLICATION Application to Withdraw Appeal

ORDERED that the order on application of this court dated January 20, 2004, in the above-entitled proceeding is recalled and vacated, and the following order on application is substituted therefor:

Application by the appellant to withdraw an appeal from an order of the Surrogate's Court, Orange County, dated April 7, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7031

S/sl

2003-06509 In the Matter of Dorothy Goodlatte, a/k/a Dorothy Goodlattle, deceased. Ivar W. Malmstorm, appellant; Emil Krahulik, respondent. (Index No. 25/02)

ORDER ON APPLICATION Application to Withdraw Appeal

ORDERED that the order on application of this court dated January 20, 2004, in the above-entitled proceeding is recalled and vacated, and the following order on application is substituted therefor:

Application by the appellant to withdraw an appeal from an order of the Surrogate's Court, Orange County, dated July 11, 2002.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7008

M/mv

2003-09737 In the Matter of Daniel Gutierrez, et al., respondents, v Maria Negron, appellant. (Docket Nos. V-6923-00, V-6924-00)

SCHEDULING ORDER

Appeal by Maria Negron from an order of the Family Court, Orange County, dated September 29, 2003. By decision and order on motion of this court dated January 15, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Marsha E. Koretzky, Esq.

P.O. Box 943

Goshen, New York 10924

(845) 294-1611

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated January 15, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7036

S/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-04014 In the Matter of Eric Kachelhofer, respondent, v Rose Wasiak, appellant. (Docket No. V-03339/00)

DECISION & ORDER ON MOTION

Motion by the respondent pro se to dismiss an appeal from an order of the Family Court, Queens County, dated April 4, 2003, on the ground that it is without merit, or, in the alternative, for leave to prosecute the appeal as a poor person, to enlarge the time to serve and file a brief, and to enlarge the record on the appeal to include certain material, including medical records allegedly admitted into evidence at the hearing in the above-entitled matter. By decision and order on motion dated December 9, 2003, that branch of the motion which was to enlarge the record to include certain medical records was held in abeyance and was remitted to the Family Court, Queens County, to hear and report on the issue of what medical records, if any, were admitted into evidence at the hearing held in the above-entitled matter. The Family Court, Queens County, has filed its report.

Upon the papers filed in support of the motion , the papers filed in opposition thereto, and upon the report of the Supreme Court, Queens County, it is

ORDERED that the branch of the motion which is to enlarge the record to include certain medical records is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6910

O/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-09575 In the Matter of Helen Keller, petitioner, v Town of Huntington, respondent. (Index No. 15253/01)

DECISION & ORDER ON MOTION

Motion by the petitioner to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Suffolk County, dated February 22, 2002.

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

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

ORDERED that the petitioner's time to perfect the proceeding is enlarged until March 23, 2004, and the petitioner's record or appendix and brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7007

M/mv

2003-10902, 2003-10903, 2003-10904, 2003-10905 In the Matter of Female L. (Anonymous). St. Joseph Services for Children & Families, petitioner; St. Christopher-Ottilie, et al., petitioner- respondents; Ruth L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Branchesko Schernovick L. (Anonymous). St. Joseph Services for Children & Families, petitioner; St. Christopher-Ottilie, et al., petitioner- respondents; Ruth L. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Socrates L. (Anonymous). St. Joseph Services for Children & Families, petitioner; St. Christopher-Ottilie, et al., petitioner- respondents; Ruth L. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Crystal V. (Anonymous). St. Joseph Services for Children & Families, petitioner; St. Christopher-Ottilie, et al., petitioner- respondents; Ruth L. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. B-1553-00, B-1554-00, B-1555-00, B-1556-00)

SCHEDULING ORDER

Appeals by Ruth L. from four orders of the Family Court, Queens County, all dated July 31, 2003. By decision and order on motion of this court dated January 15, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:

Larry S. Bachner, Esq.

90-50 Parsons Boulevard - Suite 401

Jamaica, New York 11432

(917) 378-0176

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated January 15, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7003

M/mv

2003-06333 In the Matter of Charles Maddox, petitioner- respondent, v Gail Walter, respondent-respondent; Joshua Maddox, nonparty-appellant. (Docket No. V-6404-01)

SCHEDULING ORDER

Appeal by Joshua Maddox from an order of the Family Court, Dutchess County, dated June 16, 2003. 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 670.9[d][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 24, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6991

M/mv

2003-06653 In the Matter of Albert Manuel, appellant, v Sonia Felder, respondent. (Docket No. V-6797-02, V-8534-02)

ORDER TO SHOW CAUSE

Appeal by Albert Manuel from an order of the Family Court, Queens County, dated June 20, 2003. By decision and order of this court dated December 5, 2003, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before December 26, 2003. The appellant has failed to do so.

Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before February 18, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7006

M/mv

2003-09664 In the Matter of Adonis Earl S. (Anonymous). Suffolk County Department of Social Services, respondent; Earl S. (Anonymous), appellant. (Docket No. B-8720/03)

SCHEDULING ORDER

Appeal by Earl S. from an order of the Family Court, Suffolk County, dated October 3, 2003. By decision and order on motion of this court dated January 15, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Evan Tanenbaum, Esq.

801 Motor Parkway

Hauppauge, New York 11788

(631) 582-4000

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated January 15, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7000

M/mv

2003-06328 In the Matter of Richard Simpson, appellant, v Beata Ptaszynska, respondent. (Docket Nos. V-28241-99, O-8738-03)

SCHEDULING ORDER

Appeal by Richard Simpson from an order of the Family Court, Kings County, dated June 16, 2003. 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/or the law guardian to serve and file their briefs on the appeal is enlarged until March 1, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6977

M/mv

2003-07284, 2003-07287, 2003-07289 In the Matter of Richard and Tamaroa Wolf, petitioners- respondents, v Barry D. (Binyamen) Rothman, et al., appellants, et al., respondent. (Proceeding No. 1) (Docket No. V-022644-00) In the Matter of Jacob and Pessy Goldstein, petitioners- respondents, v Barry D. (Binyamen) Rothman, et al., appellants, et al., respondent. (Proceeding No. 2) (Docket No. V-022642-00) In the Matter of Eugene and Elishea Flink, petitioners- respondents, v Barry D. (Binyamen) Rothman, et al., appellants, et al., respondent. (Proceeding No. 3) (Docket No. V-022643-00)

SCHEDULING ORDER

Appeals by Laura Miriam Rothman from an order of the Family Court, Kings County, dated June 16, 2003, and two orders of the same court both dated June 17, 2003. By decision and order on motion of this court dated January 15, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:

Robert J. Marinelli, Esq.

50 Court Street - #506

Brooklyn, New York 11201

(718) 624-9391

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated January 15, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7023

Y/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-10552 The People, etc., plaintiff, v Bruce Brown, defendant. (Ind. No. 90949/95)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from an order of the Supreme Court, Nassau County, entered October 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 denied as the order is not appealable by right or by permission (see CPL 450.10; 450.15).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7046

F/

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-07934 The People, etc., respondent, v Donna Carnett, appellant. (Ind. No. 02-00251)

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, Orange County, rendered August 6, 2003, as a poor person, and for the assignment of counsel.

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

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

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

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

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

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

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

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

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

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

Janet Gandolfo, Esq.

174 Webber Avenue

Sleepy Hollow, New York 10591

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.

ALTMAN, J.P., GOLDSTEIN, CRANE, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 G 0791

Bedford Hills Corr. Fac.

247 Harris Road

Bedford Hills, New York 10507

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7039

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-08437 The People, etc., respondent, v Antoine Cooper, appellant. (Ind. No. 03-00242)

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, Orange County, rendered August 19, 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 the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

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

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

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

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

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

Howard F. Isaacs, Esq.

P. O. Box 685

Goshen, New York 10924

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., FLORIO, TOWNES, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 R 4546

Ulster Corr. Fac.

Box 800

Napanoch, New York 12458

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7025

Y/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2002-07071, 2002-07072 The People, etc., respondent, v Mark J. D'Amico, appellant. (Ind. Nos. 1211/02, 1269/02)

DECISION & ORDER ON MOTION

Motion by the appellant for the assignment of counsel to make an application for leave to reargue appeals from two sentences of the County Court, Suffolk County, both imposed, which were determined by decision and order of this court dated November 10, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the branch of the motion which is for the assignment of counsel to make an application for leave to appeal to the Court of Appeals is denied as academic as the appellate counsel has made such an application; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7041

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-06445 The People, etc., respondent, v Deitra B. Eherts, appellant. (Ind. No. 01-00738)

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 County Court, Orange County, rendered July 14, 2003, as a poor person, and for the assignment of counsel.

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

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

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

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of any proceedings in connection with the violation of probation and of the imposition of sentence on the violation of probation, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); 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 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 on the violation of probation, 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:

Philip C. Schnabel, Esq.

33 Schnabel Lane

Chester, New York 10918

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., RITTER, SANTUCCI, ALTMAN, and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7051

O/sl

ROBERT W. SCHMIDT, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2002-05684 The People, etc., respondent, v Joseph Evans, appellant. (Ind. No. 796/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered June 11, 2002, and for assignment of new counsel, or, in the alternative, for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceedings is granted; and it is further,

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,

ORDERED that the motion is otherwise denied.

 Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7047

F/

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-08083 The People, etc., respondent, v Alan Grizzard, appellant. (Ind. No. 03-00384)

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, Orange County, rendered September 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 opposition thereto, it is

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

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

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

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

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

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

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

Judith E. Young, Esq.

P.O. Box 197

Bloomingburg, New York 12721

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.

ALTMAN, J.P., GOLDSTEIN, CRANE, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 4678

Lakeview Shock Incarceration

Box T

Brocton, New York 14716

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7035

S/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-10545 The People, etc., respondent, v Charles Jones, a/k/a Shawn Anderson, appellant. (Ind. No. 8695/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered September 3, 2003, as a poor person and for the assignment of counsel.

On the court's own motion, it is

ORDERED that the appellant show cause before this court, at the courthouse, located at 45 Monroe Place, Brooklyn, N.Y. 11201, on February 13, 2004, at 9:30 A.M., why an order should not be entered dismissing the appeal on the ground that the notice of appeal is untimely (see CPL 460.10[1][a], 460.30), and the appellant has not sought leave to file a late notice of appeal; and it is further,

ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, by ordinary mail pursuant to CPL 470.60(2); and it is further,

ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is held in abeyance in the interim.

PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7056

O/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2002-10713 The People, etc., respondent, v Michael Kneitel, appellant. (Ind. No. 1813/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the Supreme Court, Kings County, rendered November 14, 2002, to include the stenographic minutes of certain proceedings which occurred before the Supreme Court, Kings County, in the above-entitled action.

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 order of this court dated February 4, 2003, which granted poor person relief to the appellant is amended to include a direction to the court reporter to make, certify and file two transcripts of the stenographic minutes of the proceedings dated July 18, 2001, July 24, 2001, August 2, 2001, November 19, 2001, December 3, 2001, December 17, 2001, January 18, 2002, January 23, 2002, February 7, 2002, February 15, 2002, March 6, 2002, April 22, 2002, May 9, 2002, and May 14, 2002, if they are available, and the Clerk of the trial court is directed to furnish one copy to the appellant's counsel, without charge; and it is further,

ORDERED that in the event the stenographer has already prepared a transcript of the stenographic 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 the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (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, and to deliver the transcript of the stenographic minutes to the respondent when the appellant's brief is served.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7043

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-07861 The People, etc., respondent, v John Logan, appellant. (Ind. No. 03-00330)

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, Orange County, rendered August 26, 2003, as a poor person, and for the assignment of counsel.

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

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

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

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

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

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

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

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

Alex Smith, Esq.

41 Dolson Avenue

P.O. Box 578

Middletown, New York 10940

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., RITTER, SANTUCCI, ALTMAN, and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 4677

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7050

O/sl

ROBERT W. SCHMIDT, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2001-08990 The People, etc., respondent, v Todd Lumpkins, appellant. (Ind. No. 1454/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered October 14, 2001.

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

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

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before March 23, 2004.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6890

F/

NANCY E. SMITH, J.

2003-08961 The People, etc., plaintiff, v Derrick McCarthy, defendant. (Ind. No. 1959/98)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated September 3, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

NANCY E. SMITH

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7045

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-08086 The People, etc., respondent, v Joseph Perez, appellant. (Ind. No. 02-00866)

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, Orange County, rendered September 2, 2003, as a poor person, and for the assignment of counsel.

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

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

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

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

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

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

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

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

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

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

Janet Gandolfo, Esq.

174 Webber Avenue

Sleepy Hollow, New York 10591

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., RITTER, SANTUCCI, ALTMAN, and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 4679

Auburn Corr. Fac.

135 State Street

Auburn, New York 13021

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7053

F/

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-05458 The People, etc., respondent, v Montrell Perkins, appellant. (Ind. No. 03-00054)

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, Orange County, rendered June 10, 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 the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

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

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

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

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

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

Judith E. Young, Esq.

P.O. Box 197

Bloomingburg, New York 12721

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.

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 R 3273

Cape Vincent Corr. Fac.

Route 12E - Box 739

Cape Vincent, New York 13618

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7017

Y/sl

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2003-10620 The People, etc., plaintiff, v Jose Quinones, defendant. (Ind. No. 1439/02)

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 defendant for leave to reargue his prior motion pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered June 3, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6989

F/

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA, JJ.

2002-10152 The People, etc., respondent, v Quaheri Redcross, appellant. (Ind. No. 02-00036)

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 County Court, Orange County, rendered October 11, 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 the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

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

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

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

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

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

Mark Diamond, Esq.

Box 1805

Murray Hill Station

New York, New York 10016

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., SMITH, KRAUSMAN, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

02 A 6186

Coxsackie Corr. Fac.

Box 999

Coxsackie, New York 12051

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7040

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-07355 The People, etc., respondent, v Yuan Reels, appellant. (Ind. No. 03-00519)

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, Orange County, rendered August 8, 2003, as a poor person, and for the assignment of counsel.

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

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

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

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

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

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

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

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

Philip C. Schnabel, Esq.

33 Schnabel Lane

Chester, New York 10918

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., RITTER, SANTUCCI, ALTMAN, and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 4518

Washington Corr. Fac.

Box 180

Comstock, New York 12821

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7054

O/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2003-02792 The People, etc., respondent, v Jonathan D. Smith, appellant. (Ind. No. 106/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered March 13, 2003, and for assignment of new 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; and it is further,

ORDERED that on the court's own motion the appellant is granted leave to serve and file a supplemental pro se brief; and it is further,

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

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

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

RITTER, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7038

F/

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA, JJ.

2002-10359, 2002-10360 The People, etc., respondent, v Troy Smith, appellant. (Ind. Nos. 02-00025, 02-00348)

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 appeals from two judgments of the County Court, Orange County, both rendered November 8, 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 the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

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

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

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

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

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

Howard F. Isaacs, Esq.

P. O. Box 685

Goshen, New York 10924

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., SMITH, KRAUSMAN, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

02 A 6432

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7042

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-07354 The People, etc., respondent, v Raymond J. Travis, appellant. (Ind. No. 00-00046)

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 County Court, Orange County, rendered August 5, 2003, as a poor person, and for the assignment of counsel.

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

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

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

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

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

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

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

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

Philip C. Schiffman, Esq.

11 East Main Street

P.O. Box 128

Washingtonville, New York 10992

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., RITTER, SANTUCCI, ALTMAN, and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 4517

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7060

Y/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-09720 The People, etc., ex rel. Brandon Cooper, petitioner, v Thomas Reilly, etc., respondent.

DECISION & ORDER ON MOTION

Application by the petitioner for a writ of habeas corpus and for poor person relief.

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

ORDERED that the branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and that branch of the application is otherwise denied as academic; and it is further,

ORDERED that the branch of the application which is for a writ of habeas corpus is denied and the petition is dismissed, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7061

Y/sl

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-00047 The People, etc., ex rel. Walter McMillian, petitioner, v Warden, etc., respondent.

DECISION & ORDER ON MOTION

Application by the petitioner for a writ of habeas corpus and for poor person relief.

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

ORDERED that the branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and that branch of the application is otherwise denied as academic; and it is further,

ORDERED that the branch of the application which is for a writ of habeas corpus is denied and the petition is dismissed, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk