Appellate Division: Second Judicial Department
M21268
Y/nl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-05139, 2004-05149 Cono Abbruzzese, appellant, v John W. Lombardo, respondent. (Index No. 3260/00)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss appeals from an order of the Supreme Court, Kings County, dated April 14, 2004, and a judgment of the same court dated May 5, 2004, for failure to timely perfect.
Upon the papers filed in support of the motion and no papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the appeals are dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21180
C/mv
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-04290 Mordechai Aharonowicz, appellant, v Huntington Hospital, et al., respondents. (Index No. 20825/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated March 29, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, and it is further,
ORDERED that all proceedings in the above-entitled action, including the trial, are stayed pending the hearing and determination of the appeal.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21231
R/mv
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2002-10260
Banker's Trust, etc., respondent, v Frank Thompson, a/k/a Frank L. Thompson, appellant. (Index No. 26555/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to extend his time to file a motion for leave to appeal to the Court of Appeals from a decision and order of this court dated November 8, 2004, which affirmed an order of the Supreme Court, Queens County, dated September 19, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., S. MILLER, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21233
PL/nal
|
2004-04696
Donna Cameron, et al., appellants, v Marilyn Harari, respondent.
(Index No. 7608/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated April 20, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 25, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21283
S/nl
|
2004-06487 Anna Cennamo, et al., appellants, v Mario Themistokleous, et al., respondents. (Index No. 9717/02)
| 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, Queens County, dated April 26, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 7, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21176
C/mv
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-05080 Chrislex Staffing Ltd., etc., et al., plaintiffs- counterclaim-defendants, v Medical Staffing Network, Inc., defendant-counterclaim-plaintiff. (Index No. 21456/02)
| DECISION & ORDER ON MOTION |
Motion by Medical Staffing Network, Inc., for leave to appeal to this court from an order of the Supreme Court, Westchester County, entered May 12, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21284
S/nl
|
2004-04307
Hyacinth Facey, appellant, v Tina and Kay Estates, Inc., respondent. (Index No. 196/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated April 14, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 10, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21257
O/mv
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-02159 Jose F. Garcia, respondent, v Crown Equipment Corporation, appellant, et al., defendants. (Index No. 28642/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated January 22, 2004, which was determined by decision and order of this court dated December 6, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
FLORIO, J.P., SCHMIDT, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21289
E/nl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2005-00652, 2005-00653, 2005-00654 John Graziano, appellant, v Coleen Graziano, respondent.
(Index No. 19910/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this court from three orders of the Supreme Court, Suffolk County, dated October 1, 2004, December 1, 2004, and January 6, 2005, respectively, and to stay enforcement of the orders 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 the branch of the motion which is for leave to appeal from the order dated October 1, 2004 (Appellate Division Docket No. 2005-00652), is denied, and the appeal purportedly taken as of right from that order is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is for leave to appeal from so much of the order dated December 1, 2004, as denied the plaintiff's cross motion for summary judgment is denied as unnecessary; and it is further,
ORDERED that the branch of the motion which is for leave to appeal from the remaining portions of the order dated December 1, 2004, is denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal from the order dated January 6, 2005, is denied as unnecessary; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the orders pending hearing and determination of the appeals is denied.
FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21267
Y/nl
A. GAIL PRUDENTI, P.J.
BARRY A. COZIER
DAVID S. RITTER
ROBERT A. SPOLZINO, JJ.
|
2004-07593, 2004-07595 Attiat Hassan, appellant, v Fouad Abodeshisha, et al., respondents. (Index No. 26001/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss appeals from (1) an order of the Supreme Court, Queens County, dated March 4, 2004, as untimely taken, (see CPLR 5513) and (2) an order of the of the same court dated July 23, 2004, on the ground that no appeal lies from an order denying a motion for leave to reargue.
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 appeals are dismissed, without costs or disbursements.
PRUDENTI, P.J., COZIER, RITTER, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21251
C/nl
DANIEL F. LUCIANO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-05366 Robert M. Helmke, appellant, v James B. Shannon, respondent. (Index No. 4006/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Rockland County, entered May 21, 2004, inter alia, to dismiss the appeal on the ground that the record on appeal is inadequate or to strike stated portions of the record on appeal, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Rockland County, to report on the issue of whether it considered the stipulation of dismissal dated March 10, 2004, in rendering the order entered May 21, 2004, and the motion is held in abeyance in the interim. The Supreme Court, Rockland County, shall file its report with all convenient speed.
LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21249
C/mv
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT A. LIFSON, JJ.
|
2003-07958, 2004-00212
Lynn S. Jowers, appellant, v People of the State of New York, et al., respondents. (Claim No. 92183)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to reargue appeals from two orders of the Court of Claims, dated July 11, 2003, and December 9, 2003, respectively, which were determined by decision and order of this court dated December 13, 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.
KRAUSMAN, J.P., LUCIANO, MASTRO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21202
O/mv
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-04734 Joanne Magalios, et al., respondents, v Bette Nyhlen, etc., appellant, et al., defendants. (Index No. 2246/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated April 28, 2004.
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.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21229
S/nl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
ROBERT A. SPOLZINO, JJ.
|
2004-07306 Todd Michael Miranda, et al., appellants, v Jay Construction Corp., respondent. (Index No. 05111/01)
| DECISION & ORDER ON MOTION |
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 County Court, Suffolk County, dated July 8, 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 on the court's own motion, pursuant to NY Constitution article VI, § 8(d), and 22 NYCRR 730.1(c)(1), (d), the appeal in the above-entitled action and the pending application are transferred to the Appellate Term for the Ninth and Tenth Judicial Districts, for hearing and determination; and it is further,
ORDERED that all further proceedings in connection with the appeal shall be conducted pursuant to the rules of the Appellate Term for the Ninth and Tenth Judicial Districts.
FLORIO, J.P., COZIER, RIVERA and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21270
Y/nl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-10438 Sherese Mitchell, respondent, v Duk Moon Bang, et al., appellants. (Index No. 29497/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered September 30, 2004, as untimely taken (see CPLR 5513).
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21274
PL/nal
|
2004-09113 Monique Moreau, respondent, v RPM, Inc., et al., appellants, et al., defendant (and a third-party action). (Index No. 1204/01)
| 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 an order of the Supreme Court, Kings County, dated June 16, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 4, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21291
S/nl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2005-00923 Yaakov Moskowitz, etc., et al., respondents, v Jeno Frieder, et al., appellants.
(Index No. 10399/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay enforcement of an order of the Supreme Court, Kings County, dated January 25, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., SANTUCCI, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21265
PL/nal
|
2004-06968 96 Pierrepont, L.L.C., respondent, v William Mauro, et al., appellants. (Index No. 24927/00)
| 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 amended judgment of the Supreme Court, Kings County, dated June 15, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 8, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21273
Y/nl
GLORIA GOLDSTEIN, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-08011 Norwest Mortgage, Inc., respondent, v Thomas L. Blount, et al., appellants. (Index No. 27337/97)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Nassau County, dated entered June 30, 2003, for failure of the appellants to comply with CPLR 5525, 22 NYCRR 670.9 and 670.10.2.
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 dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
GOLDSTEIN, J.P., LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21275
Y/nal
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-05347, 2004-10735
Florin C. Papa, a/k/a Florin C. Popescu, plaintiff, v 24 Caryl Avenue Realty Co., et al., defendants- respondents, Community Preservation Corporation, Intervenor-defendant third-party plaintiff-respondent; Charles Rudd Mackenzie, etc., third-party defendant- appellant. (Index No. 9221/00)
| DECISION & ORDER ON MOTION |
Motion by the intervenor defendant third-party plaintiff-respondent to dismiss appeals from (1) an order and judgment (one paper) of the Supreme Court, Westchester County, entered March 31, 2004, on the ground that the appellant is not aggrieved thereby, and (2) a judgment of the same court entered April 1, 2004, on the ground that the record is incomplete or contains material dehors the record. Cross motion by the appellant for leave to appeal to this court from the order and judgment.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order and judgment is granted, that appeal is dismissed, without costs or disbursements, as the appellant is not aggrieved thereby (see CPLR 5511); and it is further,
ORDERED that the cross motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant's record and brief are stricken; on or before March 14, 2005, the appellant shall serve and file a new record relating to the judgment entered April 1, 2004, containing only those papers which were submitted to the Supreme Court which resulted in the entry of that judgment; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the judgment entered April 1, 2004 is denied.
KRAUSMAN, J.P., MASTRO, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21296
C/nal
ANITA R. FLORIO, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-07821
Parian and Sons Defined Benefit Plan & Trust, et al., respondents, v Rhona Bryant, appellant (and a third-party action). (Index No. 12468/94)
| DECISION & ORDER ON MOTION |
Motion by Roberta Chambers, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Queens County, dated July 27, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and Roberta Chambers is relieved from representing the appellant with respect to the instant appeal; and it is further,
ORDERED that on or before February 22, 2005, Roberta Chambers is directed to serve her client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,
ORDERED that no further proceedings shall be taken against the appellant, without leave of court, until the expiration of 30 days after the service upon her of a copy of this decision and order; and it is further,
ORDERED that the time of the appellant to perfect the appeal is enlarged until April 1, 2005.
FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21271
Y/nl
GLORIA GOLDSTEIN, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-04982 A. O'Reilly Phillips, d/b/a O'Reilly Home Improvements, respondent, v Yvonne Blount, et al., appellants. (Index No. 97-13147)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Nassau County, dated April 14, 2003, for failure of the appellants to comply with CPLR 2105, 5525, 5526, and 5528, and 22 NYCRR 670.9 and 670.10.2.
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 dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
GOLDSTEIN, J.P., LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21320
S/nal
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-05226
Raze Contracting, Inc., appellant, v Robert P. Colombo, respondent. (Index No. 016601/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the record on an appeal from an order of the Supreme Court, Nassau County, dated March 24, 2004, to include an amended order of the same court dated April 9, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on or before February 9, 2005, the respondent shall serve and file a supplemental record containing the amended order dated April 9, 2004.
SCHMIDT, J.P., ADAMS, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21263
Y/nal
A. GAIL PRUDENTI, P.J.
BARRY A. COZIER
DAVID S. RITTER
ROBERT A. SPOLZINO, JJ.
|
2004-05887
Al Reich, respondent-appellant, v Realty Quest Brokerage Corp., et al., respondents; Jonathan Einhorn, nonparty appellant-respondent. (Index No. 30485/93)
| ORDER ON APPLICATION |
Application by the nonparty appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 18, 2003.
On the court's own motion, it is
ORDERED that the parties and nonparty appellant-respondent Jonathan Einhorn or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal by the appellant-respondent in the above-entitled action on the grounds that the appellant-respondent (a) is not aggrieved by the order (see Matter of Meadowdale Assocs v Planning Bd. Of Town of Colonie, 70 NY2d 669; Alberi v Rossi, 117 AD2d 574) or (2) waived appellate review of the order by accepting reimbursement of the subject deposit (see Matter of Silverman, 305 NY 13; Carmichael v General Elec. Co., 102 AD2d 838), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 7, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon Jonathan Einhorn, the parties, or their attorneys; and it is further,
ORDERED that the application is held in abeyance in the interim.
PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21295
Y/nl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
ROBERT A. SPOLZINO, JJ.
|
2005-00812 Rong Ge, et al., appellants, v Zumck Realty Corp., et al., respondents. (Index No. 22498/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to enjoin the respondent Zumck Realty Corp. from prosecuting a holdover proceeding in the Civil Court, King County, or any other proceeding to terminate or cancel the leasehold interests and leases of the appellants dated June 25, 1997, and February 4, 1998, with respect to certain premises in Brooklyn, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 11, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., COZIER, RIVERA and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21287
C/cf
ANITA R. FLORIO, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-09328
Fred Serrell, Jr., et al., respondents, v Connetquot Central School District of Islip, appellant, et al., defendants. (Index No. 1907/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated August 25, 2004.
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 trial in the above-entitled action is stayed pending hearing and determination of the appeal.
FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21254
Y/mv
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2005-00434 Silver Street Development Corporation II, plaintiff-respondent, v Park Lake Housing Development Fund Corp. (former Board of Trustees), et al., appellants, Park Lane Housing Development Fund Corp. (current Board of Trustees), defendant-respondent; Eliot Spitzer, etc., intervenor-respondent. (Index No. 10415/04)
| DECISION & ORDER ON MOTION |
Motion by the defendant-respondent Park Lane Housing Development Fund (current Board of Trustees) to dismiss an appeal from an order of the Supreme Court, Nassau County, entered December 9, 2004, on the ground, inter alia, that Gerald Gardner Wright, P.C., has no authority to take the appeal, or, in the alternative, to require the appellants to post an undertaking, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied, without prejudice to raising the issue in the respondent's brief; and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21302
O/nal
ANITA R. FLORIO, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2005-00545
Gary Sinensky, et al., appellants, v Solomon Rokowsky, et al., respondents. (Index No. 11250/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Kings County, dated December 9, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21186
C/mv
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-03659 Smithtown Galleria II, LLC, respondent, v George Gmytrasiewicz, et al., appellants. (Index No. 20362/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants for a preference in the calendaring of an appeal from an order of the Supreme Court, Suffolk County, dated March 16, 2004.
Upon the papers submitted in support of the motion and the papers submitted in relation thereto, it is
ORDERED that the motion is granted, and the appeal will be calendared expeditiously.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21272
PL/nal
|
2004-04779
James Sollami, appellant, v Thomas Sheppard, respondent. (Index No. 7550/03)
| 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, Orange County, dated April 28, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 7, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21126
A/nal
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-00058
Andrea Spano, etc., et al., appellants, v Baldo Bertocci, etc., defendant, Esther Baldinger, etc., respondent.
(Index No. 24352/97)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an amended judgment of the Supreme Court, Kings County, entered September 24, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until March 7, 2005, and the respondent's brief must be served and filed on or before that date.
FLORIO, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21264
Y/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-04592
Suffolk County Water Authority, respondent, v Village of Greenport, appellant. (Index No. 1547/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike portions of the record and the appellant's brief on an appeal from an order of the Supreme Court, Suffolk County, dated April 28, 2004, on the ground that they contain or refer to matters dehors the record, and to direct the appellant to replace certain black and white photographs in the record with color photographs.
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 direct the appellant to replace certain black and white photographs with color photographs is granted to the extent that the respondent is granted leave to serve and file a supplemental record containing the subject color photographs on or before February 22, 2005, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21266
Y/nal
ANITA R. FLORIO, J.P.
BARRY A. COZIER
SONDRA MILLER
FRED T. SANTUCCI, JJ.
|
2004-04065
Charles Tawil, et al., appellants, v Max Wasser, et al., respondents. (Index No. 17903/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent Max Wasser, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 26, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the respondents' time to serve and file their respective briefs is enlarged until March 4, 2005, and the respondents' briefs must be served and filed on or before that date.
FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21154
Y/nal
SONDRA MILLER, J.P.
DAVID S. RITTER
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-00017
Rayna E. Taylor, respondent, v Incorporated Village of Hempstead, appellant, et al., defendant. (Index No. 002164/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the jury selection and trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated November 24, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and the jury selection and trial in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 5, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 5, 2005 the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on three days notice.
S. MILLER, J.P., RITTER, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21282
S/nl
|
2004-09648
39 College Point Corp., appellant, v Transpac Capital Corp. respondent, et al., defendants. (Index No. 31272/02)
| 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 an order of the Supreme Court, Queens County, dated October 7, 2004, and to enlarge the appellant's time to serve and file a reply brief.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 17, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the reply brief shall be served and filed on or before March 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21236
PL/nal
|
2004-05321, 2004-05324 Ira Weitzenberg, et al., appellants, v Nassau County Department of Recreation and Parks, et al., respondents. (Index No. 28936/92)
| 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 appeals from two orders of the Supreme Court, Nassau County, both entered January 29, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 28, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21297
Y/nal
ANITA R. FLORIO, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2005-00548, 2005-00550
Margaret Kestler Wilson, plaintiff-respondent, v Bruce Wilson, defendant-respondent; Law Firm of Jerome A. Wisselman, P.C., nonparty-appellant. (Index No. 3914/04)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant to stay all proceedings in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated August 13, 2004, and December 23, 2004, respectively.
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 all proceedings in the above-entitled action are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before March 8, 2005; and it is further,
ORDERED that in the event the appeals are not perfected on or before March 8, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21250
C/mv
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2003-06174 Zack Associates, Inc., etc., respondent, v Setauket Fire District, appellant. (Index No. 920/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated May 13, 2003, which was determined by decision and order of this court dated November 8, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SANTUCCI, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21228
Y/mv
SONDRA MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2003-07793, 2003-07794 In the Matter of Hilary Best, appellant, v Alma Belgrave, respondent. (Docket No. 5234/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue appeals from two orders of the Family Court, Queens County, dated July 10, 2003, and July 31, 2003, respectively, which were determined by decision and order of this court dated December 6, 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, without costs or disbursements.
S. MILLER, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21188
R/nal
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2005-00554
In the Matter of Bronx Environmental Health and Justice, Inc., respondent, v New York City Department of Environmental Protection, appellant.
(Index No. 25754/04)
| DECISION & ORDER ON MOTION |
Motion by the New York City Department of Environmental Protection for leave to appeal to this court from an order of the Supreme Court, Queens County, dated January 12, 2005, and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that enforcement of the order dated January 12, 2005, is stayed pending hearing and determination of the appeal.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21108
A/nal
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-10150
In the Matter of Tara C. (Anonymous). Administration for Children's Services, petitioner-respondent; Lavonne C. (Anonymous), respondent-respondent; Norman C. (Anonymous), appellant. (Docket No. N-20552/01)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, inter alia, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated May 5, 2003, and to grant the appellant 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 motion is denied, with leave to renew on or before February 25, 2005, upon proof of service of the motion on the appellant, and upon the submission by the appellant of papers establishing that he is entitled to poor person relief and is interested in pursuing the appeal.
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21292
E/mv
ANITA R. FLORIO, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-10350 In the Matter of Milton Cohen, appellant, v Stephen A. Lotto, etc., et al., respondents.
(Index No. 19828/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated October 25, 2004, to stay all proceedings in an action entitled People v Cohen, pending in District Court, Suffolk County under Docket No. 2002SU-053164.
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 all proceedings in the action entitled People v Cohen, pending in District Court, Suffolk County under Docket No. 2002SU-053164, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 9, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 9, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the respondents' shall serve and file their respective briefs on or before March 30, 2005, and the respondents' briefs must be served and filed on or before that date; and it is further,
ORDERED that the appellant's shall serve and file his reply brief on or before April 11, 2005, and the reply brief must be served and filed on or before that date.
FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21288
C/cf
ANITA R. FLORIO, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-07605
In the Matter of Josefa I. (Anonymous). Michael I. (Anonymous), respondent; Walter I. (Anonymous), appellant. (Appeal No. 1) (Index No. 29496/02) 2004-07806 In the Matter of Roxanne S. (Anonymous). Department of Social Work of St. John's Queens Hospital, respondent; Walter I. (Anonymous), appellant. (Appeal No. 2) (Index No. 4041/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from (1) an order and judgment (one paper) of the Supreme Court, Queens County, dated July 22, 2004 (Appellate Division Docket Number 2004-07605), and (2) an order and judgment (one paper) of the, same court dated July 14, 2004 (Appellate Division Docket Number 2004-07806), inter alia, to enlarge the time to perfect the appeals and to consolidate the appeals. By decision and order on motion of this court dated January 19, 2005, the appeal from the order and judgment dated July 22, 2004, was dismissed, on the ground that it was entered on consent of the appealing party (see CPLR 5511).
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 order and judgment dated July 14, 2004, is dismissed, without costs or disbursements, on the ground that that order and judgment has been rendered academic (see Matter of Ida S. (Anonymous), 1 AD3d 440); and it is further,
ORDERED that the motion is otherwise denied as academic in light of this decision and order on motion, and this court's decision and order on motion dated January 19, 2005.
FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21164
R/mv
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
ROBERT A. SPOLZINO, JJ.
|
2004-10165 In the Matter of Nathan M. (Anonymous). County of Suffolk Department of Social Services, petitioner; Wynell M. (Anonymous), et al., respondents; Jayne Ann McPartlin, nonparty.
(Docket Nos. N-3889-02, N-3890-02)
| DECISION & ORDER ON MOTION |
Motion by Jayne Ann McPartlin, the Law Guardian for the children, for leave to appeal to this court from an order of the Family Court, Suffolk County, entered November 4, 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; and it is further,
ORDERED that on the court's own motion, the appeal taken as of right from the order entered November 4, 2004, is dismissed, without costs or disbursements.
H. MILLER, J.P., GOLDSTEIN, ADAMS and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21189
C/mv
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-02801, 2004-04633 In the Matter of Tammy Moloney, respondent, v James Moloney, appellant. (Docket Nos. V-13500-03, V-13501-03, V-13502-03, V13503-03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from two orders of the Family Court, Nassau County, dated February 10, 2004, and March 26, 2004, respectively, on the ground, inter alia, that there is another action pending between the parties.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that the motion is denied, without prejudice to the respondent raising the issues in her brief.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21286
S/nl
GLORIA GOLDSTEIN, J.P.
FRED T. SANTUCCI
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-00829 In the Matter of Lina Catalina R. (Anonymous). Suffolk County Department of Social Services, respondent; Leonaldo R. (Anonymous), appellant. (Docket Nos. B-2959-03, B-2960-03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated May 24, 2004, in the above-entitled matter is amended by deleting from the preamble and first decretal paragraph thereof the date "January 22, 2004," and substituting therefor the date "February 4, 2004".
GOLDSTEIN, J.P., SANTUCCI, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21234
PL/nal
|
2003-08830
In the Matter of Town of Mount Kisco, petitioner, v New York State Board of Real Property Services, et al., respondents.
| ORDER ON APPLICATION |
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief in a proceeding pursuant to RPTL § 1218.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21159
C/nal
SONDRA MILLER, J.P.
DAVID S. RITTER
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-00444
In the Matter of Sarina Vega, petitioner, v Wilson Afanador, respondent. (Proceeding No. 1) 2005-00445 In the Matter of Wilson Afanador, petitioner, v Sarina Vega, respondent. (Proceeding No. 2) (Docket Nos. V-05522-04,V-31636-03)
| DECISION & ORDER ON MOTION |
Motion by Wilson Afanador, inter alia, for leave to appeal to this court from two orders of the Family Court, Kings County, dated May 17, 2004, and December 13, 2004, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal from the order dated May 17, 2004, is denied on the ground that no appeal lies from an order entered on the consent of the appealing party (see CPLR 5511); and it is further,
ORDERED that the branch of the motion which is for leave to appeal from the order dated December 13, 2004, is denied; and it is further,
ORDERED that the remaining branches of the motion are denied as academic.
S. MILLER, J.P., RITTER, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21169
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-11231 The People, etc., respondent, v Charles Calandra, appellant. (Ind. No. 2930-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered November 23, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21261
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
THOMAS A. ADAMS
ROBERT W. SCHMIDT, 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 |
On the court's own motion, it is
ORDERED that the decision and order on motion in the above-entitled case dated December 9, 2004, is recalled and vacated and the following decision and order on motion is substituted therefore:
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 the assignment of counsel was granted on October 14, 2003, November 25, 2003, January 27, 2004, and August 9, 2004, respectively, and the following named attorney was assigned as counsel to prosecute the appeal:
The Legal Aid Society
199 Water Street, 5th Floor
New York, New York 10038
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:
Judah Maltz, Esq.
125-10 Queens Blvd. - Suite 12
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 if the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.), and written directions.
PRUDENTI, P.J., FLORIO, H. MILLER, ADAMS, and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
3556 Rochambeau Avenue - Apt. 5J
Bronx, New York 10467
Appellate Division: Second Judicial Department
M21168
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-10767
The People, etc., respondent, v Scott B. Corr, appellant. (Ind. No. 04-00571)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered December 8, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21194
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-03461
The People, etc., respondent, v Sammie Curtis, appellant. (Ind. No. 32/03)
| 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, Dutchess County, rendered April 13, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Carol Kahn, Esq.
225 Broadway - Suite 1515
New York, New York 10007
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 2254
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562
Appellate Division : Second Judicial Department
M20619
F/
THOMAS A. ADAMS, J.
|
2004-10421 The People, etc., plaintiff, v Calvin L. Dallas Jr., defendant. (Ind. No. 116/03)
| 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, Dutchess County, dated October 28, 2004, 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.
THOMAS A. ADAMS
Associate Justice
Appellate Division: Second Judicial Department
M21258
O/mv
THOMAS A. ADAMS, J.P.
BARRY A. COZIER
SONDRA MILLER
DAVID S. RITTER, JJ.
|
1999-03609 The People, etc., respondent, v Derrick Fontaine, appellant. (Ind. No. 2798/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated December 3, 2004, which dismissed an appeal from a judgment of the Supreme Court, Queens County, rendered March 18, 1999, as abandoned.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., COZIER, S. MILLER and RITTER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21179
F/
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-05427
The People, etc., respondent, v Anthony Foster, appellant. (Ind. No. 03-00928)
| 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 Supreme Court, Westchester County, rendered June 15, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Stephen Filler, Esq.
303 South Broadway - Suite 222
Tarrytown, New York 10591
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
H. MILLER, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 3458
Five Points Corr. Fac.
State Route 96 - Box 119
Romulus, New York 14541
Appellate Division: Second Judicial Department
M21178
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2002-10894 The People, etc., respondent, v Lorgio Hernandez, appellant. (Ind. No. 3446/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered November 25, 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 relation 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 adv ise the appellant of the date by which the minutes are to be returned and the brief filed.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
98 A 3777
Attica Corr. Fac.
Box 149
Attica, New York 14011
Appellate Division: Second Judicial Department
M21276
PL/sl
|
2002-05750 The People, etc., respondent, v John Holder, appellant. (Ind. No. 6028/01)
| 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 Supreme Court, Kings County, rendered June 12, 2002.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 14, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21190
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-05799 The People, etc., respondent, v Walter Hughley, appellant. (Ind. No. 10169/02)
| DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes |
Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Queens County, rendered June 22, 2004, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,
ORDERED that the motion is otherwise 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, if any, 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); retained 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 retained 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 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,
ORDERED that in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if 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 retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged.
H. MILLER, J.P., ADAMS, GOLDSTEIN, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
Robert Didio, Esq.
80-02 Kew Gardens - Third Floor
Kew Gardens, New York 11415
Appellate Division: Second Judicial Department
M21195
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-11228
The People, etc., respondent, v Nathaniel Jay, appellant. (Ind. No. 1818/03)
| 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, Nassau County, rendered December 15, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Mark Diamond, Esq.
Box 287356
Yorkville Station
New York, New York 10128
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 0151
Downstate Corr. Fac.
P.O. Box 445
Fishkill, New York 12524-0445
Appellate Division: Second Judicial Department
M19845
Y/mv
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
SONDRA MILLER, JJ.
|
2001-10506 The People, etc., respondent, v David Maxwell, appellant. (Ind. No. 00-01481)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the County Court, Westchester County, rendered October 24, 2001, to include, inter alia, the minutes of certain proceedings which occurred before the County Court, Westchester County, in the above-entitled case, for use in preparing his supplemental brief.
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 denied as academic, as the appellant has filed his supplemental brief.
SCHMIDT, J.P., ADAMS, COZIER and S. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M20621
F/
ANITA R. FLORIO, J.
|
2004-09926
The People, etc., plaintiff, v Frank McClarin, defendant. (Ind. No. 11965/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 30, 2004, 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.
ANITA R. FLORIO
Associate Justice
Appellate Division: Second Judicial Department
M21235
PL/nal
|
2003-08172 The People, etc., respondent, v Derrick McFadden, appellant. (Ind. No. 10912/01)
| 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 Supreme Court, Queens County, rendered September 9, 2003.
ORDERED that the application is granted and the respondent's brief submitted to the Clerk of this court is accepted for filing; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before February 21, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M20936
F/
HOWARD MILLER, J.
|
2004-11079
The People, etc., plaintiff, v John McKeever, defendant. (Ind. No. 10273/99)
| 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, Kings County, dated November 15, 2004, 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.
HOWARD MILLER
Associate Justice
Appellate Division: Second Judicial Department
M21166
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-11106 The People, etc., respondent, v Oscar Mestres, appellant. (Ind. No. 4954/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered December 3, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20575
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-02881 The People, etc., respondent, v Calvin Moore, appellant. (Ind. No. 3889/02)
| 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 March 15, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on October 13, 2004, and December 9, 2004, respectively, and the following named attorney was assigned as counsel to prosecute the appeal:
The Legal Aid Society
199 Water Street - 5th Floor
New York, New York 10038
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 L. Herzfeld, Esq.
555 Fifth Avenue - 14th 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 if the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.), and written directions.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 1614
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M21170
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-11303 The People, etc., respondent, v Steve Narine, appellant. (Ind. No. 3421/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered November 30, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, 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.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21175
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-01006 The People, etc., respondent, v Nelson Nieves, appellant. (Ind. No. 8703/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered January 26, 2004, 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.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
04 A 0641
Clinton Corr. Fac.
Box 2001
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M21191
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-11230
The People, etc., respondent, v Ferrufino Omar, appellant. (Ind. No. 2940-95)
| 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 resentence of the judgment of the County Court, Suffolk County, rendered November 3, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 4648
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M21199
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-07432
The People, etc., respondent, v Melinda Roberts, appellant. (Ind. No. 04-00037)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered August 9, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Michael G. Paul, Esq.
121 High Street
Metuchen, New Jersey 08840
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.
H. MILLER, J.P., ADAMS, GOLDSTEIN, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 G 0784
Albion Corr. Fac.
3595 State School Road
Albion, New York 14411
Appellate Division: Second Judicial Department
M21197
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2003-07094 DECISION & ORDER ON MOTION The People, etc., respondent, v Rmell Rogers, appellant. (Ind. No. 2134/02)
|
On the court's own motion, it is
ORDERED that the decision and order on motion of this court, dated September 17, 2004, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Queens County, rendered August 6, 2003, is recalled and vacated; and it is further,
ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.
The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21298
S/nl
|
2002-04923
The People, etc., respondent, v Moreno Trinidad, appellant. (Ind. No. 3632/00)
| 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 Supreme Court, Kings County, rendered May 23, 2002.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 18, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21193
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-08420
The People, etc., respondent, v Michael Webster, appellant. (Ind. No. 1482-03)
| 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 August 17, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 4653
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M21172
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-11209
The People, etc., plaintiff, v Monifa Williams, defendant. (Ind. No. 02-01756)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Westchester County, rendered January 26, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 G 0111
Bedford Hills Corr. Fac.
Box 1000
Bedford Hills, New York 10507
Appellate Division: Second Judicial Department
M21259
C/nl
DANIEL F. LUCIANO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2002-10710 The People, etc., respondent, v Ellis Wood, appellant. (Ind. No. 7003/01)
| DECISION & ORDER ON MOTION |
Motions by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered November 13, 2002, (1) to strike the brief purportedly filed on his behalf by Alireza Dilmaghani, as retained counsel, and (2) to enlarge the time to serve and file a supplemental brief.
Upon the papers filed in support of the motions and the papers filed in opposition or relation thereto, it is
ORDERED that the motion which is to strike the brief purportedly filed on behalf of the appellant is granted, and the brief is stricken; on or before March 25, 2005, the appellant pro se shall either (1) inform this court in writing that he has retained new counsel, (2) move for leave to prosecute the appeal as a poor person and the assignment of counsel, or (3) move for leave to proceed pro se on the appeal; and it is further,
ORDERED that on the court's own motion, the decision and order on motion of this court dated July 27, 2004, which granted the appellant's motion for leave to serve and file a supplemental brief on the appeal is recalled and vacated, and the appellant's motion is denied without prejudice to renew in the event the appellant is assigned new counsel, after said counsel files a brief; and it is further,
ORDERED that the motion which is to enlarge the time to serve and file a supplemental brief is denied as academic.
LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court