02-03-2004_MOTION

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MOTION DECISIONS FOR FEBRUARY 3, 2004

TITLE	Case Number
Amato v Lord & Taylor, Inc.	2003-08755
Bailer v Cintron	2003-07399
Bobinski v Bobinski	2003-06957
Household Finance Realty Corporation of New Y	2003-06077
Khan v Ridge Transport System, Inc.	2003-10511
Leo v Fire Island Pines, Inc.	2003-04601
Lizza v Aanitron Systems, Inc.	2003-08009
Marrone v Orson Holding Corp.	2003-06974
Munoz v Davidow	2003-01348
Northpark Associates, LLLP, f/k/a Northpark A	2002-09552 + 1
Palermo v Giardina	2003-10155
Randle v New York City Transit Authority	2003-06814
Thomas v City of Mount Vernon	2003-11027
Mtr of Beck; Grievance Committee 2nd and 11th	1990-06320
Mtr of Chubb Group of Insurance Companies v L	2003-06676
Mtr of Galdamez v Davis	2003-10712
Mtr of Goodman v Gunzl	2003-09080 + 2
Mtr of Krafve v Crosby	2003-10979
Mtr of Krape v Trotta	2003-04055
Mtr of Oyster Bay Associates Limited Partners	2003-10721
Mtr of S. (Anonymous), Madhu v S. (Anonymous)	2003-09317 + 1
Mtr of S. (Anonymous), Madhu v S. (Anonymous)	2003-09317 + 1
Mtr of Schubert v Schubert	2003-08295
Mtr of T. (Anonymous), Khierk; Child Developm	2003-09155
Mtr of Tuohy v New York State Department of P	2003-06970
Mtr of Village of Wappingers Falls v Police B	2002-11167
Mtr of W. (Anonymous), Rakim; Dutchess County	2003-04572
Peo v Ackridge, Ronald	2003-03926
Peo v Antoine, Ted	2003-10530
Peo v Boykin, Jermaine	2003-04308
Peo v Braga, Wayne	2003-10884
Peo v Brown, Theodore R.	2001-03043
Peo v Bryant, Bruce	1996-07353 + 1
Peo v Burns, Thomas	2003-09283
Peo v Elmendorf, Lori	2003-09187
Peo v Hyman, Tully	2002-05294
Peo v Kucharzyk, Louis	2002-04337
Peo v Lamb, Devon	2003-03223
Peo v Macias, Luis	2004-00022
Peo v Nelson, Rodney	2003-09577
Peo v Oquendo, Ildefonso	2003-04429
Peo v Powell, Nathan	2003-07645
Peo v Ramos, Ruben	2003-03041
Peo v Rhoades, John C. Jr.	2002-07571
Peo v Rodriguez, Samuel	2003-10757
Peo v Singh, Navdeep	2003-08383
Peo v Szyjko, Edward	2003-11074
Peo v Tores, Carlos, a/k/a Torres, Carlos	2003-01625
Peo v Villiocota, Pedro	2003-09871 + 2

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7369

CF/

2003-08755
Antonio Amato, appellant, v
Lord & Taylor, Inc., et al., respondents.
(Index No. 2420/02)

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 July 31, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7364

CF/

2003-07399
Gregg E. Bailer, appellant, v
Richard Cintron, respondent.

(Index No. 30378/01)

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 21, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7439

Y/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-06957
Joyce Bobinski, appellant,
v John Bobinski, respondent.
(Index No. 13008/96)

DECISION & ORDER ON MOTION

Appeal by Joyce Bobinski, by permission, from an order of the Supreme Court, Westchester County, dated August 7, 2003. By order to show cause dated December 30, 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 October 22, 2003, issued pursuant to 22 NYCRR 670.4(a).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated October 22, 2003 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7437

M/mv

2003-06077
Household Finance Realty Corporation of
New York, respondent, v Leo S. Brown, a/k/a
Leon S. Brown, et al., appellants.
(Index No. 7956/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Orange County, dated April 24, 2003.

ORDERED that the application is granted and the brief that was deposited in the office of the Clerk of this court on February 3, 2004, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7412

O/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-10511
Carl W. Khan, et al., respondents, v
Ridge Transport System, Inc., appellant,
et al., defendants.
(Index No. 29584/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings, including the trial, in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 10, 2003.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7370

CF/

2003-04601
Donald W. Leo, et al., respondents, v
Fire Island Pines, Inc., appellant.
(Index No. 25584/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 5, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7367

CF/

2003-08009
Elia Aly Lizza, et al., plaintiffs-appellants, v
Aanitron Systems, Inc., et al., defendants-respondents,
Genevieve Lane LoPresti, nonparty-appellant.
(Index No. 19046/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the nonparty-appellant Genevieve Lane LoPresti to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 31, 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 by Genevieve Lane LoPresti is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7371

CF/

2003-06974
Anne Marrone, respondent, v
Orson Holding Corp., et al., appellants.
(Index No. 4765/01)

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 July 10, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7426

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

BARRY E. COZIER, JJ.

2003-01348

Dorcas Munoz, et al., plaintiffs-respondents,
v Sanford Davidow, et al., defendants third-
party and second third-party plaintiffs-appellants-
respondents, et al., defendants; Capital Cleaning
Contractors, Inc., third-party defendant and fourth-
party plaintiff-respondent-appellant; Mag North,
Inc., etc., fourth-party defendant and second
third-party defendant-respondent-appellant.

(Index No. 27563/94)
_
DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal and cross appeals from an order of the Supreme Court, Suffolk County, dated December 5, 2002.

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

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

ALTMAN, J.P., KRAUSMAN, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7422

M/sl

2002-09552, 2002-09595
Northpark Associates, LLLP, f/k/a Northpark
Associates LP, respondent-appellant, v
Westcon, Inc., et al., appellants-respondents,
et al., defendants.
(Index Nos. 18653/00, 18844/01)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on appeals from two orders of the Supreme Court, Westchester County, both entered August 22, 2002.

ORDERED that the application is granted and the respondent-appellant's time to file its brief is enlarged until February 4, 2004.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7365

CF/

2003-10155
Ottavia Palermo, et al., respondents, v
Joseph Giardina, et al., appellants.
(Index No. 7461/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 27, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7377

C/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-06814
Elva Randle, respondent, v New York City
Transit Authority, appellant.
(Index No. 10436/01)

DECISION & ORDER ON MOTION

Appeal by the defendant from an order of the Supreme Court, Richmond County, dated June 5, 2003. During the pendency of the appeal, the parties and their attorneys were directed to attend a CAMP conference for the purpose of exploring the possibility of settlement. Counsel for the respondent failed to appear at the conference without excuse. By order to show cause dated December 15, 2003, counsel for the respondent was directed to show cause why an order should not be entered or imposing such sanction as the court may deem appropriate.

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

ORDERED that within 20 days after the service upon him of a copy of this decision and order on motion, Charles Berkman is directed to pay the sum of $250 to the Lawyers' Fund for Client Protection of the State of New York; and it is further,

ORDERED that the clerk of the court, or his designee is directed to serve a copy of this decision and order on motion on Charles Berkman, by regular mail.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7411

C/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-11027
Joy Thomas, respondent, v City of
Mount Vernon, et al., appellants.
(Index No. 7248/01)

DECISION & ORDER ON MOTION

Motion by the appellant County of Westchester to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered November 20, 2003, and for a preference in the hearing and determination of the appeal. Separate motion by the appellants City of Mount Vernon and City of Mount Vernon Police Department for the same relief.

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

ORDERED that the motions are denied.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7423

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ROBERT W. SCHMIDT, JJ.

1990-06320

In the Matter of the Application of Dennis M. Beck,
a disbarred attorney.

DECISION & ORDER ON APPLICATION
FOR REINSTATEMENT

Application by the respondent, Dennis M. Beck, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 14, 1970, under the name Dennis Michael Beck. By opinion and order of this court dated April 29, 1991, he was disbarred, upon his resignation, after pleading guilty to failing to file a tax information return, in violation of 26 USC § 7203. By subsequent order of this court dated November 12, 1998, his first application for reinstatement was denied with leave to renew upon the submission of proof that he had taken and passed the Multi-State Professional Responsibility Examination. By decision and order on application of this court dated February 16, 2001, his renewed application for reinstatement was denied. By decision and order on application of this court dated May 19, 2003, the instant application was held in abeyance, and the matter was referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney including, but not limited to, the submission of his income tax returns for the years 1997, 1998, and 1999.

Upon all of the papers submitted in connection with this application, it is

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

ORDERED that, effective immediately, the respondent is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Dennis M. Beck to the roll of attorneys and counselors-at-law.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7366

CF/

2003-06676
In the Matter of Chubb Group of Insurance
Companies, respondent, v Christina M.
Loguidice, et al., appellants.
(Index No. 3855/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 18, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7404

A/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-10712
In the Matter of Salvador Galdamez, petitioner,
v Chris Davis, etc., et al., respondents.

(Index No. 5707/03)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to prosecute a proceeding pursuant to CPLR article 78 which was transferred to this court by an order of the Supreme Court, Orange County, dated October 9, 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 branch of the motion which is for leave to prosecute the appeal on the original papers is granted; and it is further,

ORDERED that the proceeding will 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 branch of the motion which is to waive the filing fee is denied as unnecessary (see 22 NYCRR 670.22); and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7372

CF/

2003-09080, 2003-09082, 2003-09083
In the Matter of Bonnie Sue Goodman,
appellant, v Karen Gunzl, respondent.

(Index No. 25034/01)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeals from an order and a judgment of the Supreme Court, Suffolk County, both dated August 15, 2003, and an order of the same court dated June 27, 2003, respectively.

Upon the stipulation of the parties, dated January 26, 2004, it is

ORDERED that the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7361

CF/

2003-10979
In the Matter of Ruthann Krafve, respondent,
v David Lamont Crosby, appellant.
(Docket No. O-10391-03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated November 19, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7383

C/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-04055
In the Matter of Perry Krape, appellant,
v Frank C. Trotta, etc., et al., respondents.
(Index No. 28550/02)

DECISION & ORDER ON MOTION

Motion by the respondents to enlarge the record on an appeal from a judgment of the Supreme Court, Suffolk County, entered April 4, 2003, to include a certain resolution of the Town of Brookhaven, or for the court to take judicial notice of the resolution.

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

ORDERED that the motion is referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that on the court's own motion, the respondents' time to serve and file a brief is enlarged until March 4, 2004, and the respondents must serve and file their brief on or before that date.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7406

O/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2003-10721
In the Matter of Oyster Bay Associates Limited
Partnership, et al., respondents, v Town Board
of the Town of Oyster Bay, et al., appellants,
Birchwood Civic Association at Jericho, et al.,
intervenors-appellants.
(Index No. 16830/01)

DECISION & ORDER ON MOTION

Motion by the respondent Town Board of the Town of Oyster Bay for leave to appeal to this court from a judgment of the Supreme Court, Suffolk County, dated November 25, 2003, and cross motion by the petitioners, inter alia, to strike the notices of appeal filed as of right by the appellants and the intervenors-appellants.

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 is denied as unnecessary as the judgment is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7065

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-09317, 2003-09319
In the Matter of Madhu S. (Anonymous), appellant,
v Taijwatie S. (Anonymous), respondent-respondent;
Administration for Children's Services, petitioner-
respondent.
(Docket Nos. V-13560-03, V-13561-01/03A,
N-16140/01, N-16141/01,V-06831/03, O-13301/01)

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

Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Kings County, both dated October 22, 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

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7445

Y/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-08295
In the Matter of Larissa Schubert, respondent,
v Gregory W. Schubert, appellant.
(Docket No. O-3454-03)

DECISION & ORDER ON MOTION

Appeal by Gregory W. Schubert, from an order of the Family Court, Orange County, dated August 6, 2003. By order to show cause dated December 30, 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 October 22, 2003, issued pursuant to 22 NYCRR 670.4(a).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated October 22, 2003 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7421

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-09155
In the Matter of Khierk T. (Anonymous).
Child Development Support Corporation,
et al., respondents; Nabila T. (Anonymous),
et al., appellants.
(Docket No. B-3548-02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated January 29, 2004, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant Nabila T. on appeals from an order of the Family Court, Queens County, dated August 29, 2003, for leave to prosecute her appeal 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 in relation thereto, it is

ORDERED that the motion is granted and the counsel assigned by the Family Court for Nabila T., 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 appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellants, 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 counsel for Nabila T., 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 the respondents and the Law Guardian, if any, when counsel serves Nabila T.'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 on behalf of Nabila T.:

Salvatore C. Adamo, Esq.

350 Fifth Avenue #3304

New York, New York 10118

(212) 964-7983

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal on behalf of Nabila T. 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7384

C/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-06970
In the Matter of Daniel Tuohy, etc., petitioner,
v New York State Department of Parole,
respondent.
(Index No. 1543/03)

DECISION & ORDER ON MOTION

Motion by the petitioner to prosecute a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated June 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 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 branch of the motion which is for the waiver of the filing fee is denied as unnecessary (see 22 NYCRR 670.22); and it is further,

ORDERED that those branches of the motion which are for a copy of the transcript without charge and the assignment of counsel are denied; and it is further,

ORDERED that on the court's own motion, the petitioner's time to perfect the proceeding by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing nine copies of his brief on the appeal is enlarged until March 26, 2004.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7429

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2002-11167
In the Matter of Village of Wappingers Falls,
respondent, v Police Benevolent Association of
Wappingers Falls, et al., appellants.
(Index No. 2101/02)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated October 31, 2002.

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

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

RITTER, J.P., GOLDSTEIN, COZIER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7390

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

On the courts own motion, it is

ORDERED that the decision and order on motion in the above-entitled proceeding dated January 27, 2004, is recalled and vacated and the following decision and order is substituted therefor:

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:

Sharon Faulkner, Esq.

17 Collegeview Avenue

Poughkeepsie, New York 12603

(845) 486-4300

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7362

ANITA R. FLORIO, J.P.,

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-03926

The People, etc., respondent,
v Ronald Ackridge, appellant.

(Ind. No. 02-06168)

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, Westchester County, rendered April 17, 2003, as a poor person, and for the assignment of counsel.

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

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

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

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

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

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

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

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

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

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

Lisa H. Blitman, Esq.

20 West 87th Street - #6D

New York, New York 10024

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 5497

Riverview Corr. Fac.

Box 247

Ogdensburg, New York 13669

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7344

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-10530

The People, etc., respondent,
v Ted Antoine, appellant.
(Ind. No. 7093/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered November 7, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7419

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-04308

The People, etc., respondent,
v Jermaine Boykin, appellant.

(Ind. No. 02-00673)

DECISION & ORDER ON MOTION
Court's Motion to Relieve Counsel
and to Assign New Counsel

The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the County Court, Orange County, rendered May 7, 2003, was granted on July 30, 2003. The following named attorney was assigned to prosecute the appeal:

Stanley Wayne, Esq.

30 Valley Avenue

Walden, New York 12586

On the court's own motion, it is

ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

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

John R. Lewis, Esq.

36 Hemlock Drive

Sleepy Hollow, New York 10591

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 pre-sentence 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,

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7342

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-10884

The People, etc., respondent,
v Wayne Braga, appellant.
(Ind. No. 599/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered November 18, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7420

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2001-03043
DECISION & ORDER ON MOTION
The People, etc., respondent,
v Theodore R. Brown, appellant.
(Ind. No. 1332-98)

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated January 5, 2004, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se to recall and vacate a decision and order on motion of this court, dated June 24, 2003, which granted his application for leave to serve and file a supplemental brief on his appeal from an amended judgment of the County Court, Suffolk County, rendered March 19, 2001, and to deem the application withdrawn.

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

ORDERED that the motion is granted, the decision and order on motion dated June 24, 2003, is recalled and vacated, and the appellant's application for leave to serve and file a supplemental brief is deemed withdrawn.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7410

A/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

1996-07353, 2000-11312
The People, etc., respondent,
v Bruce Bryant, appellant.
(Ind. No. 4664/93)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to reargue appeals from (1) a judgment of the Supreme Court, Queens County, and (2) an order of the same court dated June 9, 2000, which were determined by decision and order of this court dated October 6, 2003.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., FLORIO, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7265

DANIEL F. LUCIANO, J.

2003-09283

The People, etc., plaintiff,
v Thomas Burns, defendant.
(Ind. No. 3916-96)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Suffolk County, dated September 16, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

DANIEL F. LUCIANO

Associate Justice

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7395

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-09187

The People, etc., respondent,
v Lori Elmendorf, appellant.

(Ind. No. 57/02)

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

Renewed motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered July 25, 2003, as a poor person, and for the assignment of counsel.

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

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

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

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

and it is further,

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

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

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7381

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2002-05294
The People, etc., respondent,
v Tully Hyman, appellant.
(Ind. No. 1787/00)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 15, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 A 3058

Five Points Corr. Fac.

State Route 96

P.O. Box 119

Romulus, New York 14541

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7345

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2002-04337

The People, etc., respondent,
v Louis Kucharzyk, appellant.
(Ind. No. 01-00811)

DECISION & ORDER ON MOTION
Court's Motion to Relieve Counsel
and to Assign New Counsel

The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the County Court, Westchester County, rendered April 23, 2002, was granted on August 21, 2002. The following named attorney was assigned to prosecute the appeal:

Peter Paul Insero, Esq.

20 So. Broadway - Suite 902

Yonkers, New York 10701

On the court's own motion, it is

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

Richard Birnbaum, Esq.

200 Mamaroneck Avenue

White Plains, New York 10601

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 pre-sentence 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,

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

02 A 2516

Willard Drug Treatment Center

P.O. Box 303

7116 County Rte. 132

Willard, New York 14588

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7396

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-03223
The People, etc., respondent,
v Devon Lamb, appellant.
(Ind. No. 2476-99)

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 an amended judgment of the County Court, Suffolk County, rendered April 3, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on June 17, 2003, and the following named attorney was 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

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:

Arza R. Feldman, Esq.

300 Rabro Drive

Hauppauge, New York 11788

and it is further,

FLORIO, J.P., KRAUSMAN, SCHMIDT, and TOWNES, 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

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7278

FRED T. SANTUCCI, J.

2004-00022

The People, etc., plaintiff,
v Luis Macias, defendant.
(Ind. No. 625/02)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated December 18, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

FRED T. SANTUCCI

Associate Justice

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7282

FRED T. SANTUCCI, J.P.

2003-09577

The People, etc., plaintiff,
v Rodney Nelson, defendant.
(Ind. No. 3611/85)

DECISION & ORDER ON APPLICATION

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

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

ORDERED that the application is denied.

FRED T. SANTUCCI

Associate Justice

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7291

A. GAIL PRUDENTI, P.J.

2003-04429

The People, etc., plaintiff,
v Ildefonso Oquendo, defendant.
(Ind. No. 02-00054)

DECISION & ORDER ON MOTION

Motion by the defendant to reargue an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Orange County, dated April 17, 2003, which was denied by me in a decision and order on application dated July 22, 2003.

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

ORDERED that the motion is denied.

A. GAIL PRUDENTI

Presiding Justice

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7394

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-07645

The People, etc., respondent,
v Nathan Powell, appellant.

(Ind. No. 82/02)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered August 18, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Michael A. Fiechter, Esq.

114 Goldie Avenue

North Bellmore, New York 11710

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 4785

Five Points Corr. Fac.

State Route 96-Box 400

Romulus, New York 14541

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7341

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-03041

The People, etc., respondent,
v Ruben Ramos, appellant.
(Ind. No. 1461/02)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered March 18, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7407

S/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2002-07571
The People, etc., respondent,
v John C. Rhoades Jr., appellant. Motion Pro se to R Assignment
(Ind. No. 7753/01)

DECISION & ORDER ON MOTION
elieve Counsel of

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered August 13, 2002, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on January 30, 2003. By decision and order on motion dated June 26, 2003, the following named attorney was assigned to prosecute the appeal:

Stanley Wayne, Esq.

30 Valley Avenue

Walden, NY 12586

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

ORDERED that the motion is granted; previously 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 to prosecute the appeal:

Brian MacNamara, Esq.

70 Four Corners Rd.

Warwick, New York 10990

and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to provide newly assigned counsel with copies of the transcripts of the proceedings in the above entitled case which are contained in the original papers filed with this court; 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 pre-sentence 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,

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7393

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-10757

The People, etc., respondent,
v Samuel Rodriguez, appellant.

(Ind. No. 239/03)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered November 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 6376

Downstate Corr. Fac.

P.O. Box 445

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7373

C/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-08383
The People, etc., respondent,
v Navdeep Singh, appellant.
(Ind. No. 2203/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge time to perfect an appeal from a judgment of the Supreme Court, Queens County, rendered September 15, 2003, and to continue a stay of execution of the judgment which was granted by the Supreme Court, Queens County, on September 15, 2003, pending hearing and determination of the appeal by this court.

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 time to perfect the appeal is enlarged until March 4, 2004, the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the stay of execution of the judgment granted by the Supreme Court, Queens County, on September 15, 2003, is continued pending hearing and determination of the appeal, on condition that the appeal is perfected by March 4, 2004, and on the same bail conditions as directed by the Supreme Court, Queens County; and it is further,

ORDERED that counsel for the defendant shall serve a copy of this decision and order on motion, by mail, on the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before March 4, 2004; and it is further,

ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the defendant to the sentencing court to begin the execution of sentence.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7338

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-11074

The People, etc., respondent,
v Edward Szyjko, appellant.

(Ind. No. 456-03)

DECISION & ORDER ON MOTION

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, Suffolk County, rendered November 6, 2003, and for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is to extend the time to take the appeal 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 branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7339

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-01625

The People, etc., respondent,
v Carlos Tores, a/k/a Carlos Torres, appellant.
(Ind. No. 2705-01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered January 14, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7391

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-09871, 2003-09872, 2003-09873

The People, etc., respondent,
v Pedro Villiocota, appellant.

(Ind. Nos. 02-00058, 02-00410, 03-00317)

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

Motion by the appellant for leave to prosecute appeals from three judgments of the County Court, Rockland County, all rendered October 7, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:

James Licata

Office of the Public Defender

11 New Hemstead Road

New City, New York 10956-3664

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.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 R 1431

Clinton Corr. Fac.

P.O. Box 2000

Dannemora, New York 12929