Appellate Division: Second Judicial Department
M20832
CF/
|
2004-11085 Ira Berliner, appellant, v Mariann Berliner, respondent. (Index No. 2357/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20829
Y/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-05926 Harry Bloechle, et al., respondents-appellants, v Ralph Ranieri, et al., respondents, TNM Construction Corp., appellant-respondent, et al., defendants. (Index No. 14436/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants to stay the trial of the above-entitled action pending hearing and determination of appeals and a cross appeal from an order of the Supreme Court, Suffolk County, dated May 26, 2004.
Upon the papers filed in support of the motion and upon the stipulation of the parties, it is
ORDERED that the motion is granted and the trial of the above-entitled action is stayed pending hearing and determination of the appeals and cross appeal.
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20847
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-02550 Phyllis Campion, appellant, v Russell Campion, defendant; Arnold B. Firestone, intervenor-respondent.
(Index No. 24603/97)
| DECISION & ORDER ON MOTION |
Motion by the intervenor-respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated February 27, 2004.
Upon the papers filed in support of the motion and upon the consent of the parties, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the intervenor-respondent's time to serve and file a brief is enlarged until February 7, 2005, and the intervenor-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20885
S/sl
GLORIA GOLDSTEIN, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2005-00638
Jean Cantave, appellant, v Dimitrios Karagiannis, respondent. (Index No. 30787/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by the defendant from a transcript of the Supreme Court, Queens County, dated November 17, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717).
GOLDSTEIN, J.P., LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20857
M/nal
|
2004-08135 Melissa Cuccurullo, appellant, v Joseph Cuccurullo, Jr., respondent. (Index No. 5136/98)
| SCHEDULING ORDER |
Appeal by Melissa Cuccurullo from an order of the Supreme Court, Richmond County, dated August 19, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 28, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20897
L/
|
2004-04452
Eric Eriksen, appellant, v Douglas D. Allen, respondent. (Index No. 15128/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 19, 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 of the Court
Appellate Division: Second Judicial Department
M20884
S/sl
GLORIA GOLDSTEIN, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-11053
Estate of Regina Ort, etc., appellant, v Amelia Manya Emily Ort, et al., respondents. (Index No. 926/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by the plaintiff from a transcript of the Supreme Court, Rockland County, dated November 4, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717).
GOLDSTEIN, J.P., LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20841
CF/
|
2004-04310 Ramona Figueroa, respondent, v Bedford Enterprises, Inc., appellant. (Index No. 19760/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 16, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20831
E/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-02613, 2004-05305 Kevin Glassman, etc., respondent, v Prohealth Ambulatory Surgery Center, Inc., et al., appellants. (Index No. 9774/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two orders of the Supreme Court, Nassau County, entered February 5, 2004, and May 26, 2004, respectively, inter alia, to hold the appeals in abeyance pending determination by the Supreme Court, Nassau County of their pending motion for leave to renew, and cross motion by the respondent to strike the appellants' reply brief on the ground that it refers to matter dehors the record.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to hold the appeals in abeyance is granted to the extent that the appeals will not be calendared until after March 31, 2005; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the branch of the cross motion which is to strike the appellants' reply brief on the ground that it refers to matter dehors the record is granted to the extent that footnote 5 on page 5 and footnote 8 on page 16 are stricken, and on or before February 7, 2005, the appellants' shall remove those footnotes from the copies of the reply brief filed with the Clerk of the court; and it is further,
ORDERED that the cross motion is otherwise denied.
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20828
E/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2005-00441 Douglas Green, et al., respondents, v Dominic Patafio, et al., appellants (and a third-party action).
(Index No. 8739/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Westchester County, entered December 21, 2004, to stay the trial in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20838
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-06946 Olfat Hanna, plaintiff-respondent, v Odies Cab, Inc., et al., appellants, Basel Elbehiby, defendant-respondent.
(Index No. 3182/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 22, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20845
CF/
|
2004-07495 Robert H. Harrell, etc., appellant, v Sandra M. Ahlers, respondent. (Index No. 1276/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Dutchess County, dated February 11, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20834
E/sl
GLORIA GOLDSTEIN, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-00911 Denise Matthias, appellant, v Long Island Jewish Medical Center, et al., respondents. (Index No. 14159/99)
| DECISION & ORDER ON MOTION |
Motion by the respondents Long Island Jewish Medical Center and "John" Levy to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, dated January 6, 2004.
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 movants' time to serve and file a brief is enlarged until February 9, 2005, and the movants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
GOLDSTEIN, J.P., LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20840
CF/
|
2004-09182 Mohammed Mughal, et al., respondents, v Gohen Yaqoob, appellant. (Index No. 25585/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 14, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20892
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-06586 Olympus America, Inc., respondent, v Newport Superior Outpatient Medical Center, LLC, et al., appellants, et al., defendants. (Index No. 12519/03)
| DECISION & ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated December 9, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it s
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see Lumbermen's Mut. Cas. Co. v Fireman's Fund Am. Ins. Co., 117 AD2d 588); and it is further,
ORDERED that the application is denied as academic.
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20839
S/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-09761 Jerold Probst, appellant, v Yaakov Bender, respondent.
(Index No. 7841/04)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated October 13, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 31, 2005.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20712
A/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
SONDRA MILLER
FRED T. SANTUCCI, JJ.
|
2005-00293 Elvira Short, respondent, v Eleuterio Meza, appellant.
(Index No. 294/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, until 30 days after this court determines an appeal from an order of the Supreme Court, Westchester County, entered December 1, 2004.
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 to the extent that all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal, and the motion is otherwise denied.
FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20837
CF/
|
2004-06910 Neville Smith, et al., appellants, v State Farm Insurance Companies, respondent. (Index No. 14307/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 25, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20893
E/sl
A. GAIL PRUDENTI, P.J.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-04439 South Amherst Ltd., appellant-respondent, v H.B.Singer, LLC, f/k/a H.B. Singer, Inc., respondent-appellant, et al., defendant.
(Index No. 6111/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to modify a decision and order of this court dated December 20, 2004, which determined an appeal and cross appeal from an order of the Supreme Court, Kings County, dated May 14, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion isdenied.
PRUDENTI, P.J., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20842
PL/sl
|
2004-06815 Herbert J. Stein, etc., respondent, v Jeffrey Einhorn, et al., appellants. (Index No. 19932/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered July 14, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 5, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20844
E/sl
GLORIA GOLDSTEIN, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-04251 William C. Teleisha, respondent-appellant, v State Farm Mutual Automobile Insurance Company, appellant-respondent.
(Index No. 37717/95)
| DECISION & ORDER ON MOTION |
Motion by State Farm Mutual Automobile Insurance Company on an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered September 29, 2003, to enlarge the time to perfect the appeal, and cross motion by William C. Teleisha to enlarge the time to perfect the cross appeal.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, because the right of direct appeal from the order terminated with the entry of the judgment on September 20, 2004, in the action (see Matter of Aho, 39 NY2d 241, 248); and it is further,
ORDERED that the cross appeal is dismissed as academic, without costs or disbursements in light of the judgment in favor of the plaintiff; and it is further,
ORDERED that the motion and cross motion are denied as academic.
GOLDSTEIN, J.P., LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20823
PL/sl
|
2004-06978 Sandra Tolbert, respondent, v New York City Transit Authority, appellant, et al., defendants. (Index No. 2504/01)
| 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 26, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 29, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20858
M/nal
|
2004-03883 In the Matter of Myles B. (Anonymous). Sonia Barcarcel, nonparty-appellant. (Docket No. D-21413/03)
| SCHEDULING ORDER |
Appeal by Sonia Barcarcel from an order of the Family Court, Queens County, dated February 10, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 21, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M20871
M/nal
|
2004-09217 In the Matter of Tracy Belle, respondent, v Wayne S. Demilia, appellant. (Docket No. V-2978-03)
| SCHEDULING ORDER |
Appeal by Wayne S. Demilia from an order of the Family Court, Rockland County, dated October 5, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 20, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M20862
M/nal
|
2004-09123 In the Matter of Teresa Bhanote, appellant, v Kuldip R. Bhanote, respondent. (Docket No. O-12057/04)
| SCHEDULING ORDER |
Appeal by Teresa Bhanote from an order of the Family Court, Queens County, dated September 20, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 21, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M20855
M/nal
|
2004-07031 In the Matter of Tamara E. (Anonymous), appellant. (Docket No. E-1329/04)
| SCHEDULING ORDER |
Appeal by Tamara E. from an order of the Family Court, Kings County, dated July 14, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 24, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M20843
CF/
|
2004-10814 In the Matter of Pauline Farrar, respondent, v New York City Housing Authority, appellant. (Index No. 14467/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 30, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20878
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
STEPHEN G. CRANE, JJ.
|
2004-09897
In the Matter of Gene Feeney, petitioner, v Town of Harrison, respondent.
| DECISION & ORDER ON APPLICATION |
Application by the respondent in a proceeding pursuant to EDPL § 207 to amend a decision and order on motion of this court dated December 29, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted to the extent that the decision and order on motion of this court dated December 29, 2004, is amended by adding to the decretal paragraph thereof after the word "damages" the words ", if any," and the application is otherwise denied.
PRUDENTI, P.J., RITTER, SANTUCCI and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20890
S/sl
GLORIA GOLDSTEIN, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2005-00553 In the Matter of Keith B. Greene, appellant, v Cindy Holmes, respondent. (Docket No. F-02012-95)
| DECISION & ORDER ON MOTION |
Appeal by Keith B. Greene from an order of the Family Court, Orange County, dated January 6, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see Family Ct Act § 1112), and leave to appeal has not been granted.
GOLDSTEIN, J.P., LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20848
E/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-10029 In the Matter of Hiromi Hada, appellant, v Thomas Hada, respondent. (Docket Nos. V-22311-99, V-22312-99)
| DECISION & ORDER ON MOTION |
Appeal by Hiromi Hada from an order of the Family Court, Kings County, dated October 13, 2004. By order to show cause dated January 6, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated November 23, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
On the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated November 23, 2004 (see 22 NYCRR 670.4[a][5]).
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20868
M/nal
|
2004-08197 In the Matter of Cecilia Heyward, appellant, v Peter Goldman, respondent. (Docket No. F-10494-02)
| SCHEDULING ORDER |
Appeal by Cecelia Heyward from an order of the Family Court, Kings County, dated July 26, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 22, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20887
S/sl
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2005-00681 In the Matter of Property Tax Reduction Consultants, Inc., appellant, v Township of Islip, et al., respondents. (Index No. 15079/04)
| DECISION & ORDER ON MOTION |
Appeal by Property Tax Reduction Consultants, Inc., from an order of the Supreme Court, Suffolk County, dated November 29, 2004.
Now, on the court's own motion, it is
ORDERED that the appellant's notice of appeal is treated as an application for leave to appeal to this court from the order dated November 29, 2004, and leave to appeal is granted (see CPLR 5701[c]; 5701[b][1]).
ADAMS, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20867
M/nal
|
2004-06313 In the Matter of Tara M. Rawlins, appellant, v Wayne S. Barth, respondent. (Docket Nos. V-5454-01, V-5456-01)
| SCHEDULING ORDER |
Appeal by Tara M. Rawlins from an order of the Family Court, Orange County, dated June 2, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 20, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20759
M/nal
|
2002-00966 In the Matter of Orlando Rodriguez, respondent, v Elia Irizarry, appellant. (Queens County Docket No. V-2263-01) (Kings County Docket Nos. V-12542-96, V-12543-96)
| SCHEDULING ORDER |
Appeal by Elia Irizarry from an order of the Family Court, Queens County, dated January 2, 2002. The appellant's brief was filed in the office of the Clerk of this court on July 22, 2004. On January 24, 2005, the appellant informed this court that no supplemental brief will be filed. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and the law guardian to serve and file a their briefs on the appeal is enlarged until February 28, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20886
S/sl
GLORIA GOLDSTEIN, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2005-00376 In the Matter of Mariajose Romero, respondent, v Jacob Tanenbaum, appellant. (Docket Nos. V-00470-04, V-00471-04)
| DECISION & ORDER ON MOTION |
Appeal by Jacob Tanenbaum from an order of the Family Court, Rockland County, dated November 27, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see Family Ct Act § 1112), and leave to appeal has not been granted.
GOLDSTEIN, J.P., LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20891
S/sl
GLORIA GOLDSTEIN, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2005-00733 In the Matter of John Royster, appellant, v Glenn S. Goord, etc., et al., respondents. (Index No. 3062/04)
| DECISION & ORDER ON MOTION |
Appeal by John Royster from an order of the Supreme Court, Dutchess County, dated November 29, 2004, which transferred a proceeding pursuant to CPLR article 78 to this court.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order transferring a CPLR article 78 proceeding to the Appellate Division (see CPLR 5701; CPLR 7804[g]).
GOLDSTEIN, J.P., LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20889
S/sl
GLORIA GOLDSTEIN, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2005-00552 In the Matter of Kristina S. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Christopher S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Shirley S. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Christopher S. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Rose S. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Christopher S. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Christopher S. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Christopher S. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. N 802-98, N 803-98, N 1021-98, N 1915-98)
|
Appeal by Christopher S., the father, from an order of the Family Court, Suffolk County, dated November 30, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).
GOLDSTEIN, J.P., LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20860
M/nal
|
2004-09238, 2004-09239 In the Matter of Thomas Sannuto, Jr., appellant, v Jeanette Palma Sannuto, respondent. (Docket No. F-686-96)
| SCHEDULING ORDER |
Appeals by Thomas Sannuto, Jr. from two orders of the Family Court, Nassau County, dated August 23, 2004, and August 25, 2004, respectively. 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until February 25, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20859
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-10093
In the Matter of Clifford Steward, appellant, v Donna Steward, respondent. (Docket No. F-1748-99)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated August 2, 2004, as a poor person.
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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the Clerk of the Family Court, and the Clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant's counsel. The appellant's counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that the filing fee is waived; and it is further,
ORDERED that the appellant's counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that the appellant's counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20861
M/nal
|
2004-04858 In the Matter of Jabari W. (Anonymous), appellant. (Docket No. D-20202/03)
| SCHEDULING ORDER |
Appeal by Jabari W. from an order of the Family Court, Queens County, dated January 28, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 20, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M20870
M/nal
|
2004-06019, 2004-06021 In the Matter of Belinda Watson, respondent, v James Watson, appellant. (Docket No. F-0577-01)
| SCHEDULING ORDER |
Appeals by James Watson from two orders of the Family Court, Kings County, both dated June 21, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until February 15, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20846
S/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
SONDRA MILLER
FRED T. SANTUCCI, JJ.
|
2004-06836 In the Matter of Muriel Wilson, et al., respondents, v Elizabeth Smith, appellant. (Docket No. V-4845-01, V-6083-01)
| DECISION & ORDER ON MOTION |
Appeal by Elizabeth Smith from an order of the Family Court, Queens County, dated July 13, 2004. Floyd Alan Sheeger, Esq., 305 Pennsylvania Avenue, Freeport, New York, 11520, was assigned as Law Guardian to represent the child in the proceedings before the Family Court, Queens County. Mr. Sheeger is deceased.
On the court's own motion, it is
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the child on the appeal:
Todd Kadish, Esq.
PMB No. 2264
1412 Avenue M
Brooklyn, New York 11203
(917) 968-1811
and it is further,
ORDERED that the Law Guardian is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
Elizabeth Smith
224 York Street - Apt. 9G
Brooklyn, New York 11201
Appellate Division: Second Judicial Department
M20825
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-10490
The People, etc., respondent, v William Buckley, appellant. (Ind. No. 1435-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered October 7, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20876
S/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-00874 The People, etc., respondent, v Joe L. Collins, appellant. (Ind. No. 18135/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the County Court, Nassau County, dated October 30, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as academic.
FLORIO, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20874
S/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-00874 The People, etc., respondent, v Joe L. Collins, appellant. (Ind. No. 18135/03)
|
On the court's own motion, it is
ORDERED that its decision and order on motion dated February 24, 2004, in the above-entitled case is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the appellant pursuant to CPL 460.30 to extend his time to take an appeal from an order of the County Court, Nassau County, dated October 30, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as CPL 460.30 does not apply to the order appealed from (see Correction Law § 168-n).
FLORIO, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20826
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-10488 The People, etc., respondent, v Anthony Daniels, appellant. (Ind. No. 1007-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered October 25, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20877
S/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-10470 The People, etc., respondent, v Alfonzo Forney, appellant. (Ind. No. 7260/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, pursuant to CPL 460.30 to extend his time to take an appeal from an order of the Supreme Court, Kings County, dated October 17, 2003, and 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 branch of the motion which is, in effect, to extend the time to take the appeal is denied as this court has no authority to extend the time to take an appeal from an order issued pursuant to Correction Law § 168-n (see CPL 460.30; Correction Law § 168-n); and it is further,
ORDERED that the motion is otherwise denied as academic.
FLORIO, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20850
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-10719 The People, etc., respondent, v John Jackson, appellant. (Ind. No. 12816/94)
| ORDER TO SHOW CAUSE |
Motion by the appellant pro se on an appeal from a purported judgment of the Supreme Court, Kings County, rendered November 10, 2004, for leave to prosecute the appeal from the purported judgment 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 on the court's own motion, the appellant is ordered to show cause before this court, why an order should or should not be entered dismissing the appeal from the purported judgment on the ground that no appeals lie from the purported judgment, as the purported judgment is nothing more than a proceeding to cause a judgment of the same court rendered March 24, 1995, to be brought to execution (see People v Crawford, 239 AD2d 515), by filing an affidavit on that issue with the Clerk of this court on or before February 16, 2005; 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, upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,
ORDERED that the motion for poor person relief is held in abeyance in the interim.
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20853
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2001-00443 The People, etc., respondent, v Sinecio Lopez, appellant. (Ind. No. 99-01587)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered November 30, 2000.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
H. MILLER, J.P., COZIER, S. MILLER, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20836
CF/
|
2003-09537 The People, etc., respondent, v Rafael Perez, appellant. (Ind. No. 9771/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Kings County, rendered October 21, 2002.
Upon the stipulation of the parties, dated January 5, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20833
CF/
|
2004-03429 The People, etc., respondent, v Jose Ramirez, appellant. (Ind. No. 2073/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an amended judgment of the Supreme Court, Queens County, rendered March 22, 2004.
Upon the stipulation of the parties, dated January 13, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20835
CF/
|
2004-03438 The People, etc., respondent, v Ramon Ramirez, appellant. (Ind. No. 486/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Queens County, rendered March 22, 2004.
Upon the stipulation of the parties, dated January 13, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20854
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2000-02585 The People, etc., respondent, v Leonard Richardson, appellant. (Ind. No. 4874/99)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered February 18, 2000.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
H. MILLER, J.P., COZIER, S. MILLER, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20852
F/
GABRIEL M. KRAUSMAN, J.P.,
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-08110 The People, etc., respondent, v Victor M. Santos, appellant. (Ind. No. 789-03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the appellant to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered May 11, 2004, and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on November 4, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Matthew Muraskin, Esq.
48 South Service Road
Melville, New York 11747
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy if the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.), and written directions.
KRAUSMAN, J.P., MASTRO, RIVERA, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
Please make inquiry to the State Inmate Locator
New York State Department of Correctional Services
Telephone: (518) 457-0043
Appellate Division: Second Judicial Department
M20830
PL/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
DAVID S. RITTER, JJ.
|
2002-10246 The People, etc., respondent, v Patrice Smith, appellant. (Ind. No. 3318/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated January 24, 2005, in the above-entitled case is amended by deleting from the preamble thereof the word "her", and substituting therefor the word "his".
PRUDENTI, P.J., FLORIO, H. MILLER and RITTER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court