APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7201

J/sl

2003-06863 Noor H. Abou-Saab, appellant, v Ri Su, respondent. (Index No. 20349/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 29, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 24, 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

M7203

L/

2003-05712 Rosemarie Adside-Clyburn, et al., plaintiffs-respondents, v Rent-A-Wreck of America, Inc., et al., appellants, Eva Haywood, et al., defendants-respondents. (Index No. 5246/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 30, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M7222

CF/

2003-10584 Bankers Trust Company of California, respondent, v John Payne, et al., defendants, Danielle Pavone, appellant. (Index No. 14234/02)

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 November 13, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7146

S/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-02803 Board of Trustees of Freeholders and Commonality of Town of Southampton, et al., respondents, v James E. Flaherty, appellant. (Index No. 30939/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated February 27, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the appendix on appeal. Motion by the respondent to dismiss the appeal on the ground that it has been rendered academic. Separate motion by the appellant for leave to serve and file an addendum to his brief.

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

ORDERED that the motion to dismiss the appeal is granted; and it is further,

ORDERED that the appeal is dismissed, without costs or disbursements, as the appeal has been rendered academic; and it is further,

ORDERED that the motions by the appellant are denied as academic.

The defendant appealed from an order of the Supreme Court, Suffolk County, dated February 27, 2003, which denied his motion to stay enforcement of a prior order of the same court directing him to remove certain derelict vessels from the waters owned by the plaintiff. In the event that the defendant did not remove the vessels within 10 days from the date of the order the plaintiff was allowed to remove them. Thereafter, when the defendant failed to remove the vessels the plaintiff had them removed. Under the circumstances, the appeal has been rendered academic.

To the extent that the appellant is seeking to raise arguments relating to other orders issued by the court in this action, those arguments are not properly before us on this appeal (see Vlassis v Corines, 247 AD2d 609, 610).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7187

S/sl

2003-06938 Julia Cataldo, appellant, v Steven Cataldo, respondent. (Index No. 30210/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated July 10, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 5, 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

M7182

S/sl

2003-06648 Janet Chang, appellant, v First American Title Insurance Co. of New York, et al., respondents. (Index No. 4927/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 21, 2003.

ORDERED that the application is granted and 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.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7216

CF/

2003-09725 Dorothy Christman, et al., appellants-respondents, v Thomas J. Rogers, et al., defendants, Leonard Bieler, et al., defendants third-party plaintiffs- respondents; Anthony Palladino, third-party defendant-respondent-appellant. (Index Nos. 452/00, 1204/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants-respondents and the respondent-appellant to withdraw an appeal and a cross appeal from an order and judgment (one paper) of the Supreme Court, Putnam County, dated September 3, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7219

CF/

2003-05852 Ofelia DeJesus, appellant, v Francesco Biondi, et al., respondents. (Index No. 4730/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated June 4, 2003.

Upon the stipulation of the parties, dated January 20, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7169

A/sl

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-02783 Laureen Deerr-Matos, et al., appellants, v Ramya Viswanathan, defendant; Paul L. Brozdowski, nonparty-respondent. (Index No. 10075/00)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Westchester County, dated October 22, 2002, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal. By decision and order on motion of this court dated November 19, 2003, the motion was held in abeyance until a supplemental record was served and filed. The supplemental record has been served and filed.

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

ORDERED that the motion is granted.

PRUDENTI, P.J., S. MILLER, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7180

CF/

2003-10781 Emigrant Mortgage Company, Inc., respondent, v Andrea Tyler, appellant. (Index No. 5466/03)

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 6, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7200

J/sl

2003-07163 Susanne Fitzpatrick, appellant, v John Fitzpatrick, respondent. (Index No. 501/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated July 28, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 13, 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

M7193

E/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2003-11096 Gihon, LLC, respondent, v 501 Second Street, LLC, appellant. (Index No. 3446/02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Kings County, dated October 22, 2003, pending hearing and determination of an appeal therefrom, and for leave to prosecute the appeal on the original papers, and cross motion by the respondent to dismiss the appeal on the ground that it was untimely taken.

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 motion and cross motion are denied.

ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7179

CF/

2003-01425 Iris Goldberg, respondent, v Association of University Physicians, et al., appellants. (Index No. 20845/94)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Queens County, dated December 19, 2002.

Upon the stipulation of the parties, dated October 22, 2003, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7191

E/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2003-08789 Peter Hendrickson, respondent, v Kellie Hendrickson, appellant. (Index No. 15339/02)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, entered September 2, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied with leave to renew on or before February 13, 2004, upon the submission of proper papers establishing that she is entitled to poor person relief including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, and itemized expenses.

ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7183

S/sl

2003-06713 Ira Hochman, et al., respondents, v Robert Larea, et al., defendants, Major Automotive Companies, Inc., f/k/a Fidelity Holdings, Inc., appellant. (Index No. 15522/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated May 23, 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

M7197

Y/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2003-03758 Gerda Hyacinthe, appellant, v Lance Edwards, et al., respondents. (Index No. 1624/02)

DECISION & ORDER ON MOTION

Motion by the respondent St. Charles Hospital and Rehabilitation Center to dismiss an appeal from an order of the Supreme Court, Queens County, dated February 7, 2003, on the ground that the order dated February 7, 2003, was superseded by an order of the same court dated August 25, 2003, made upon reargument.

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

ORDERED that the motion is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7178

CF/

2003-09160 Michael D. Kaufman, appellant, v John J. Richardson, et al., respondents. (Index No. 2442/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated September 30, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7177

CF/

2003-03797 Jody King, appellant-respondent, v Car Rentals, Inc., et al., respondents-appellants. (Index No. 11502/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondents-appellants to withdraw a cross appeal from an order of the Supreme Court, Suffolk County, dated March 12, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7224

CF/

2003-07894 Marcel Konig, respondent, v Malik Cox, etc., appellant, et al., defendants. (Index No. 18379/00)

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 August 12, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7217

CF/

2003-02871 Plumbers & Pipefitters Local 112 Pension Fund, etc., appellant, v David H. Brooks, et al., respondents. (Index No. 16012/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 6, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6986

Y/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-06388, 2003-07887 John Puglisi, appellant, v Una Puglisi, respondent. (Index No. 19930/98)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a decision of the Supreme Court, Westchester County, dated June 17, 2003, and a judgment of the same court dated August 5, 2003, for leave to reargue a motion to stay enforcement of the judgment, which was determined by decision and order on motion of this court dated January 23, 2004.

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

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7205

C/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2003-10179 April Ralls, respondent, v Geoffrey Ralls, appellant. (Index No. 21609/91)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Westchester County, dated June 19, 2003, and to enjoin the Westchester County Support Collection Unit from garnishing his wages for child support or arrears pending hearing and determination of an appeal from the order. Cross application by the respondent for an award of an attorney's fee.

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

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

ORDERED that the cross application is denied, without prejudice to the respondent filing a motion for that relief (see CPLR 8022).

ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7185

CF/

2003-09828 Sefrine Lebron Rivera, respondent, v Reebok International Ltd., appellant. (Index No. 46009/01)

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 October 15, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7229

L/

2004-00232 Susan Schottenfeld, respondent, v Steven Schottenfeld, appellant. (Index No. 13202/02)

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 January 7, 2004.

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

M7194

J/sl

2002-08716, 2003-01777 Lyle Steinberg, respondent, v Donna Steinberg, appellant. (Index No. 1300/88)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Westchester County, entered August 20, 2002, and January 17, 2003, respectively.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 20, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7221

CF/

2003-10578 Stone Manor Associates, respondent, v Kamran Hakim, appellant. (Index No. 7589/03)

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, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7213

CF/

2003-09749 Christopher Storms, et al., plaintiffs-respondents, v Dominican College of Blauvelt, defendant-respondent, Selective Insurance Company of America, intervenor-appellant. (Index No. 187/97)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated September 23, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7215

CF/

2003-07257 Stephen B. Sutka, appellant, v Laurie E. Sutka, respondent. (Index No. 2644/97)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7181

CF/

2003-08936 Town of Newburgh, respondent, v WPA Acquisition Corp., appellant. (Index No. 6037/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated September 25, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7223

CF/

2003-08939 Town of Wallkill, respondent, v Erich Lachman, et al., appellants. (Index No. 7761/01)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7220

CF/

2003-09765 Siju Varghese, respondent, v Daniel R. Mulcahy, et al., defendants, Laurie B. Heckler, appellant. (Index No. 12041/01)

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 4, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7143

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-09569 DECISION & ORDER ON MOTION Enrique Zayas, appellant, v State of New York, respondent. (Claim No. 107952)

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Court of Claims, dated September 27, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7188

A/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2003-06228 Carol Ann Zeppetelli, plaintiff-respondent, v 1372 Broadway, LLC, et al., defendants third-party plaintiffs-appellants; Miller Savarese Associates, Architects P.C., third-party defendant- respondent, et al., third-party defendant. (Index No. 18615/98)

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, Westchester County, entered June 13, 2003.

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 trial in the above-entitled action is stayed pending hearing and determination of the appeal.

ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5385

A/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2003-01583 In the Matter of Lisa A. (Anonymous). St. Vincent's Services, respondent; Lesley M.A. (Anonymous), appellant. (Docket No. B-3643/01)

DECISION & ORDER ON MOTION

Appeal by Lesley M.A. from an order of the Family Court, Queens County, dated February 14, 2003. By order to show cause dated December 5, 2003, 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 August 8, 2003, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and the papers 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 August 8, 2003 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7218

CF/

2003-06801 In the Matter of AIU Insurance Company, appellant, v Koba Koberidze, et al., respondents. (Index No. 1271/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated June 23, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7101

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-08809, 2003-08810, 2003-08811, 2003-08812, 2003-08813 In the Matter of Ryan D. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Paula A. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No.2) In the Matter of Amanda D. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Nancy A. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Jennifer A. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No. 5) (Docket Nos. B-11687-00, B-11688-00, B-11689-00, B-11690-00, B-11691-00)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Motion by the appellant for leave to prosecute appeals from five orders of the Family Court, Queens County, all dated September 8, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED that the 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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

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

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

Michael Hueston, Esq.

26 Court Street - # 600

Brooklyn, New York 11242

(718) 624-9391

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7210

C/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2002-05205 In the Matter of David Foster, petitioner- respondent, v Nassau County Department of Social Services, et al., respondents-respondents, Arkadius Henry, appellant. (Docket Nos. V-2472-01, V-2473-01, V-2474-01)

DECISION & ORDER ON MOTION

Appeal by Arkadius Henry from an order of the Family Court, Nassau County, dated May 3, 2002. By order to show cause dated January 8, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated November 21, 2003, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and the papers 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 21, 2003 (see 22 NYCRR 670.4[a][5]).

ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7195

E/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2003-06667 In the Matter of Sharon Gaulman, appellant, v Donnell Williams, respondent. (Docket No. P-1759/93)

DECISION & ORDER ON MOTION

Appeal by Sharon Gaulman from an order of the Family Court, Queens County, dated June 18, 2003. By order to show cause dated January 7, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated November 25, 2003, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and no papers having been filed in opposition or relation 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 25, 2003 (see 22 NYCRR 670.4[a][5]).

ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7208

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 22, 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, 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

M7167

A/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-09222 v Jose Pico, et al., respondents. (Index No. 1650/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this court from a judgment of the Supreme Court, Dutchess County, dated October 6, 2003, and for leave to prosecute the appeal 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 branch of the motion which is for leave to appeal is denied as unnecessary as the appeal may be taken as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 branches of the motion which are for the assignment of counsel, for a copy of the transcript without charge, and to waive the filing fee are denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7086

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-09520 In the Matter of Walter K. (Anonymous). Administration for Children's Services, respondent; Francine S. (Anonymous), appellant. (Docket No. NN-02440-02)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Richmond County, dated October 17, 2003, and for leave to prosecute the appeal as a poor person.

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

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

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

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

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

Edward E. Caesar, Esq.

26 Court Street - Suite 2401

Brooklyn, New York 11201

(718) 246-2712

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7209

J/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2004-00380, 2004-00381 In the Matter of Franklin M. (Anonymous), appellant. (Docket No. D-10089-03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated January 23, 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 on appeals from an order of the Family Court, Nassau County, dated January 2, 2004, and a decision of the same court dated January 9, 2004, to stay enforcement of the order, and to place the appellant with St. Mary's Children and Family Services, Syosset, New York, pending hearing and determination of the appeals.

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

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

ORDERED that the motion is granted to the extent that enforcement of so much of the order dated January 2, 2004, as placed the appellant in a limited secure facility is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 8, 2004, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 8, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that pending hearing and determination of the appeal, custody of the appellant with New York State Office of Children and Family Services is continued and the appellant shall be placed with St. Mary's Children and Family Services, Syosset, New York, or another similar facility; and it is further,

ORDERED that the director of the facility at which the appellant has been placed, or his or her agent, is directed to facilitate the transfer of placement to St. Mary's Children and Family Services, Syosset, New York, or a similar facility, with all deliberate speed; and it is further,

ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7096

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-09479 In the Matter of Lamont Dale M. (Anonymous). St. Vincent's Services, Inc., et al., respondents; Cleo C. (Anonymous), appellant. (Docket No. B-17334-01)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated October 7, 2003, and for leave to prosecute the appeal as a poor person.

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

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

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

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

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

Michael Hueston, Esq.

26 Court Street #600

Brooklyn, New York 11242

(718) 624-9391

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7093

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-10536 In the Matter of Frank A. Monzon, appellant, v Lori Zaikowski, respondent. (Docket No. V-1859-98)

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, entered November 10, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED that the 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 assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

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

Saam Jalayer, Esq.

701D Route 25A

Rocky Point, New York 11778

(631) 835-2842

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7192

CF/

2003-08292 In the Matter of Joan Ploski, appellant, v 310 South Broadway Corporation, et al., respondents. (Index No. 5670/03)

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 August 20, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7163

F/

NANCY E. SMITH, P.J.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-09529 In the Matter of Jahmeiah S-W. (Anonymous). Administration for Children's Services, respondent; Kera S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Naijuwan D. (Anonymous). Administration for Children's Services, respondent; Kera S. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-02915-02, N-02916-02)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Richmond County, inter alia, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Richmond County, dated October 2, 2003, and for leave to prosecute the appeal as a poor person.

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

ORDERED that the branches of the motion which are to relieve counsel, for the assignment of new counsel, and for leave to prosecute the appeal as a poor person are granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

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

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

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

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

Robert J. Marinelli, Esq.

50 Court Street #506

Brooklyn, New York 11201

(718) 624-9391

and it is further,

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

ORDERED that the motion is otherwise denied; 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.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7196

J/sl

2003-05241 In the Matter of Schomburg Plaza, Inc., et al., respondents, v Randolph Austin, et al., appellants. (Index No. 15983/02)

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 a judgment of the Supreme Court, Nassau County, dated June 3, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 8, 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

M7161

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-04572 In the Matter of Rakim W. (Anonymous). Dutchess County Department of Social Services, respondent; Suwauney W.-W. (Anonymous), appellant. (Docket No. N-642-02)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by the Law Guardian to be relieved of an assignment to represent the child on an appeal from an order of the Family Court, Dutchess County, dated April 21, 2003.

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

ORDERED that the motion is granted, and the Law Guardian, Lisa E. Rubenstein, 15 Briar Patch Lane, Pleasant Valley, New York 12569, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the child:

Ronna L. Steinhardt, Esq.

923 Saw Mill River Road #296

Ardsley, New York 10502

(914) 479-0825

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7189

E/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2003-08300 In the Matter of Lawrence J. Worner, respondent, v Susan R. Worner, appellant. (Docket Nos. V-4528-01, V-4532-01)

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, Orange County, entered August 12, 2003, 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 denied with leave to renew on or before February 13, 2004, upon the submission of proper papers establishing that she is entitled to poor person relief including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, and itemized expenses.

ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7142

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-10875 The People, etc., respondent, v Ronald M. Ackridge, appellant. (Ind. No. 03-00573)

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

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Westchester County, rendered October 8, 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 granted; and it is further,

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

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

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

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

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

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

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

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

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

Joseph A. Vita, Esq.

327 Irving Avenue

Port Chester, New York 10573

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 5497

Riverview Corr. Fac.

Box 247

Ogdensburg, New York 13669

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7159

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-11045 The People, etc., respondent, v Brian Andrews, appellant. (Ind. No. 03-00387)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Westchester County, rendered October 23, 2003.

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

ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the County Court, Westchester County, rendered October 23, 2003.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6720

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2003-03861 The People, etc., respondent, v Steven Arriaga, appellant. (Ind. No. 1190/99)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered March 1, 2000. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on November 12, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street 10th Floor

New York, New York 10006

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 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:

Richard Herzfeld, Esq.

555 Fifth Avenue - 17th Floor

New York, New York 10017

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 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.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

00 A 1528

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6722

F/

FRED T. SANTUCCI, J.P.

THOMAS A. ADAMS

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-03785 The People, etc., respondent, v Basudeb Chakrabarty, appellant. (Ind. No. 641/01)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered April 7, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on October 14, 2003, and November 26, 2003, respectively, and the following named attorney was assigned as counsel to prosecute the appeal:

Ronna Gordon-Galchus, Esq.

38-50 Bell Boulevard - Suite D

Bayside, New York 11361

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:

Daniel Guttman, Esq.

25 West Main Street

Smithtown, New York 11787

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 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.

SANTUCCI, J.P., ADAMS, CRANE, and COZIER, 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

M7190

A/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2001-02511 The People, etc., respondent, v Carl Cooke, appellant. (Ind. No. 1887/99)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief in response to the appellant's supplemental pro se brief, on an appeal from a judgment of the Supreme Court, Queens County, rendered March 2, 2001.

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

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

ORDERED that the respondent's time to serve and file a brief in response to the appellant's supplemental pro se brief is enlarged until February 9, 2004, and the brief must be served and filed on or before that date.

ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7199

J/sl

2002-07727 The People, etc., respondent, v Shawn Cruz, appellant. (Ind. No. 02-00158)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Orange County, rendered August 16, 2002.

ORDERED that the application is denied without prejudice to the respondent making a formal motion for that relief.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7157

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-08040 The People, etc., respondent, v Abraham Decclesis, appellant. (Ind. No. 02-00368)

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, Westchester County, rendered August 20, 2003, as a poor person, and for the assignment of counsel.

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

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

ORDERED that 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:

Jason M. Bernheimer, Esq.

271 North Avenue - Suite 407

New Rochelle, New York 10801

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, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 4610

Collins Corr. Fac.

Box 340

Collins, New York 14034

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7153

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-11039 The People, etc., respondent, v Darryl Goins, appellant. (Ind. No. 613-03)

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

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

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

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

ORDERED that 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:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk Co., - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 5737

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7184

A/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2001-09561 The People, etc., respondent, v Laurence Gregory, appellant. (Ind. No. 1868/00)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the County Court, Nassau County, rendered November 2, 2001, to strike portions of the appellant's reply brief, on the ground that it raises an issue that was not raised in the main brief.

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

ORDERED that the motion is granted to the extent that Point I of the appellant's reply brief is deemed stricken and will not be considered in the determination of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7170

A/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2001-09561 The People, etc., respondent, v Laurence Gregory, appellant. (Ind. No. 1868/00)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the County Court, Nassau County, rendered November 2, 2001, to include correspondence dated December 11, 2002 from the Chief Court Reporter of the County Court, Nassau County, to the defendant.

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

ORDERED that the motion is granted.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7152

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10987 The People, etc., respondent, v Donoveion Griffin, appellant. (Ind. No. 604-03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered December 1, 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:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk Co., - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 6538

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6716

F/

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-05651 The People, etc., respondent, v Jair Guttierrez, Sr., appellant. (Ind. No. 11203/01)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered May 27, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on November 14, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street 10th Floor

New York, New York 10006

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 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:

Herbert Kellner, Esq.

25 West Main Street

Smithtown, New York 11787

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 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.

FLORIO, J.P., H. MILLER, SCHMIDT, and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 R 3192

Watertown Corr. Fac.

23147 Swan Road

Watertown, New York 13601

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6719

F/

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2002-01256 The People, etc., respondent, v Nicki Havner, appellant. (Ind. No. 519/00)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered January 3, 2002. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on November 14, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street 10th Floor

New York, New York 10006

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 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:

Russel Morea, Esq.

123-60 83rd Avenue - Suite 2R

Kew Gardens, New York 11415

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 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.

FLORIO, J.P., H. MILLER, SCHMIDT, and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

02 G 0084

Bedford Hills Corr. Fac.

247 Harris Road

Bedford Hills, New York 10507

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7198

J/sl

2003-02919 The People, etc., respondent, v Heidi Messenger, appellant. (S.C.I. No. 00-00620)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Orange County, rendered March 4, 2003.

ORDERED that the application is denied without prejudice to the respondent making a formal motion for that relief.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7154

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10986 The People, etc., respondent, v Joseph Milnes, appellant. (Ind. No. 2138-99)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered November 12, 2003, as a poor person, and for the assignment of counsel.

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

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

ORDERED that 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:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk Co., - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

00 A 2788

Woodbourne Corr. Fac.

99 Prison Road - Box 1000

Woodbourne, New York 12788

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6624

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2003-06947 The People, etc., respondent, v Calvert Pierre, appellant. (Ind. No. 7552/02)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered July 24, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on December 8, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 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:

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10017

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 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.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 4428

Coxsackie Corr. Fac.

Box 999

Coxsackie, New York 12051

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6623

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2003-08034 The People, etc., respondent, v Steven Reales, appellant. (Ind. No. 3737/02)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered August 27, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on December 8, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 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:

William Ostar, Esq.

350 Broadway - Suite 412

New York, New York 10013

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 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.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 4779

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6588

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2003-04623 The People, etc., respondent, v Mark Rushion, appellant. (Ind. No. 2737/01)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered May 12, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on December 8, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 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:

Harvey Herbert, Esq.

142 Joralemon Street - Suite 8C

Brooklyn, New York 11201

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 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.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 2702

Upstate Corr. Fac.

Box 2001

Malone, New York 12953

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7158

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2002-04228, 2003-04320 The People, etc., respondent, v Julius Scalercio, appellant. DECISION & ORDER ON MOTION (Ind. Nos. 1715-97, 2781-99)

Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on appeals from a judgment and an amended judgment of the County Court, Suffolk County, both rendered April 29, 2002.

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 shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before March 26, 2004.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

02 A 2639

Fishkill Corr. Fac.

271 Matterwan Road

Beacon, New York 12508

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7141

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-10960 The People, etc., respondent, v Gerard Sharma, appellant. (Ind. No. 10611/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Queens County, rendered February 19, 2003.

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

ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Queens County, rendered February 19, 2003.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6620

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2003-04654 The People, etc., respondent, v Silva Swinton, appellant. (Ind. No. 3596/02)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered May 19, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on December 8, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 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:

Kevin Costello, Esq.

43-31 194th Street

Flushing, New York 11358

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 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.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 G 0524

Bedford Hills Corr. Fac.

247 Harris Road

Bedford Hills, New York 10507

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7160

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-10962 The People, etc., respondent, v Arthur Tuten, appellant. (Ind. No. 7077/99)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered July 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 granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Kings County, rendered July 30, 2003.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7155

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10366, 2003-10369 The People, etc., respondent, v Altonio Warren, appellant. (Ind. Nos. 2231-01, 1508-02)

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

Motion by the appellant pro se for leave to prosecute appeals from two judgments of the County Court, Suffolk County, both rendered October 28, 2003, as a poor person, and for the assignment of counsel.

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

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

ORDERED that 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:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk Co., - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 5893

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6721

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2002-09674 The People, etc., respondent, v Thomas Zapeta, appellant. (Ind. No. 8694/01)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 7, 2002. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on June 24, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Sally Wasserman, Esq.

352 Seventh Avenue - 11th Floor

New York, New York 10001

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:

Mark Diamond, Esq.

Murray Hill Station

Box 1805

New York, New York 10016

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 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.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

02 A 5712

P.O. Box 2000

Dannemora, New York 12929