APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7536
J/sl
|
2003-06686 Francisco Chavez, et al., appellants, v County of Nassau, et al., respondents. (Index No. 5731/00)
| 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 order of the Supreme Court, Nassau County, dated July 7, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 24, 2004, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7579
J/sl
|
2003-05057 Barbara Hoppmann D'Angelo, appellant, v Ronald D'Angelo, respondent. (Index No. 1738/98)
| 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 March 31, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 3, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7557
E/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-10785 Lisa Grippo, respondent, v Miguel Casanas, appellant.
(Index No. 4248/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of stated portions of an order of the Supreme Court, Queens County, dated September 30, 2003, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7527
C/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
THOMAS A. ADAMS, JJ.
|
2003-01516 Veronica Hegeman, appellant, v Craig Bedford, respondent. (Index No. 38400/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated January 9, 2003, inter alia, to vacate an injunction granted by decision and order on motion of this court dated June 9, 2003, as amended by decision and order on motion of this court dated September 25, 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 branch of the motion which is to vacate the injunction is granted, and the injunction granted by decision and order on motion of this court dated June 9, 2003, as amended by decision and order on motion of this court dated September 25, 2003, is vacated; and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7577
CF/
|
2003-10511 Carl W. Khan, et al., respondents, v Ridge Transport System, Inc., appellant. (Index No. 29584/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 10, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7559
PL/sl
|
2003-06003 ORDER ON APPLICATION Peggy A. Klein, respondent, v Denise D. McDermott, defendant, Jasmine Luyster, appellant.
(Index No. 8315/01)
|
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated May 5, 2003.
ORDERED that the application is granted and the reply brief which was previously submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7594
J/sl
|
2003-10487 Sergey Kolosovskiy, et al., respondents, v Tomosso Vitale, appellant. (Index No. 36061/01)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated October 9, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 13, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7584
Y/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-11430 Edward Kutin, appellant, v Wendy Bassett Kutin, respondent. (Index No. 2290/98)
| DECISION & ORDER ON MOTION |
Appeal by Edward Kutin from a decision of the Supreme Court, Westchester County, dated November 24, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7588
J/sl
|
2003-07180 Raveendran Narayanan, plaintiff-respondent, v City of New York, defendant-respondent, FJC Security Services, Inc., appellant. (Index No. 13216/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 2, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 8, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7573
CF/
|
2003-10387 Poa J. Associates, L.P., appellant, v Elizabeth S. Miller Trust, et al., respondents. (Index No. 7018/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated September 4, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7563
PL/sl
|
2003-08317 Azzy Reckess, appellant, v Jane H. Goldman, et al., respondents. (Index No. 3234/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated August 12, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 11, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7582
J/sl
|
2003-04603 John Rogers, respondent, v City of New York, et al., appellants. (Index No. 15435/98)
| 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, Kings County, dated May 20, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 13, 2004, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7571
CF/
|
2004-00519 State Farm Insurance Company, a/s/o Neil Grob, respondent, v Leslie Grossbardt, et al., appellants. (Index No. 13379/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 22, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7532
S/sl
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
NANCY E. SMITH
THOMAS A. ADAMS, JJ.
|
2001-01255, 2001-04907 Sun Plaza Enterprises Corp., respondent, v Crown Theatres, L.P., et al., appellants. (Appeal Nos. 1 and 2) 2001-11142, 2002-02706 Sun Plaza Enterprises Corp., respondent-appellant, v Crown Theatres, L.P., et al., appellants-respondents. (Appeal Nos. 3 and 4) (Index No. 45247/99)
| DECISION & ORDER ON MOTION |
Motion by Sun Plaza Enterprises Corp. for leave to appeal to the Court of Appeals from (1) a decision and order of this court, dated July 28, 2003, which determined appeals from two orders of the Supreme Court, Kings County, dated December 6, 2000, and March 21, 2001, respectively, and (2) a decision and order of this court also dated July 28, 2003, which determined appeals from two orders of the Supreme Court, Kings County, dated October 29, 2001, and February 6, 2002, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., SANTUCCI, SMITH and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7566
PL/sl
|
2003-06964 Jacqueline Taft, appellant, v Charles Allen, respondent. (Index No. 12945/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated June 26, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 5, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7547
O/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-08557 Holly T. Whitmore, respondent, v John W. Whitmore, appellant. (Index No. 26513/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated August 13, 2003, pending hearing and determination of an appeal therefrom, 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 motion is denied.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7575
CF/
|
2003-08515 Zoni Group, Inc., appellant, v Roosevelt Avenue Corporation, et al., respondents. (Index No. 3737/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 19, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7267
M/mv
|
2004-00236 In the Matter of Jason Figueroa, respondent, v Marilyn Panebianco, appellant. (Docket No. V-399/97)
| SCHEDULING ORDER |
Appeal by Marilyn Panebianco from an order of the Family Court, Suffolk County, entered November 24, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7564
J/sl
|
2003-05476 In the Matter of Rene Handwerker, appellant, v Board of Education of City of New York, et al., respondents. (Index No. 20852/02 )
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated December 16, 2002.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 26, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7539
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-08962 In the Matter of Patrick O. Ingle, appellant, v Sheung C. Ingle, respondent.
(Docket No. O-5820-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Dutchess County, dated June 12, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Neal D. Futerfas, Esq.
50 Main Street - Suite 1000
White Plains, New York 10606
(914) 682-2171
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
RITTER, J.P., GOLDSTEIN, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7524
F/
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-05779, 2004-00618 In the Matter of Malik J. (Anonymous). St. Christopher Ottilie, respondent; Donna F., etc., (Anonymous), appellant. (Proceeding No. 1) In the Matter of "Female" G., etc., (Anonymous). St. Christopher-Ottilie, respondent; Donna F., etc., (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-13537-99, B-5103-00)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Queens County, both dated April 22, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:
Daniel P. Moskowitz, Esq.
90-50 Parsons Blvd.- Suite 401
Jamaica, New York 11432
(718) 812-8248
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
ALTMAN, J.P., SMITH, H. MILLER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7578
L/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
HOWARD MILLER
BARRY A. COZIER, JJ.
|
2003-00204 In the Matter of Long Island Pine Barrens Society, Inc., et al., respondents, v Central Pine Barrens Joint Planning and Policy Commission, appellant.
(Index No. 14222-00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 20, 2001.
Upon the stipulation of the attorneys for the respective parties, dated January 22, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7574
L/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
HOWARD MILLER
BARRY A. COZIER, JJ.
|
2003-00208 In the Matter of Long Island Pine Barrens Society, Inc., et al., respondents, v Central Pine Barrens Joint Planning and Policy Commission, appellant.
(Index No. 19896-00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, dated June 11, 2001.
Upon the stipulation of the attorneys for the respective parties, dated January 22, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7533
M/mv
|
2003-07537 In the Matter of Marianne Mason, respondent, v Steve P. Travis, appellant. (Docket No. F-397/03, F-398/03)
| SCHEDULING ORDER |
Appeal by Steve P. Travis from an order of the Family Court, Westchester County, dated August 21, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until March 3, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7553
O/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-05121 In the Matter of Joseph Mata, appellant, v Brion D. Travis, etc., et al., respondents. (Index No. 111/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Westchester County, dated April 25, 2003, to enlarge the time to serve and file an appendix and to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the appendix on appeal.
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 denied as academic as we previously granted the appellant leave to proceed on the original papers and the appellant's appeal was perfected upon filing of his brief.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7568
K/cf
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
NANCY E. SMITH
DANIEL F. LUCIANO, JJ.
|
2000-09757
In the Matter of Thomas C. Monaghan, a suspended attorney.
| DECISION & ORDER ON APPLICATION FOR REINSTATEMENT |
Application by the respondent Thomas C. Monaghan, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 8, 1975. By opinion and order of this court dated June 3, 2002, the respondent was suspended from the practice of law for a period of one year, commencing immediately, as a result of a disciplinary proceeding based on one charge of professional misconduct emanating from his conviction of a serious crime. By opinion and order of this court, also dated June 3, 2002, the respondent was censured in an unrelated matter (Appellate Division Docket No. 2001-06446) based upon an order of the United States District Court for the Southern District of New York, dated May 27, 2001, which had publicly censured him for race-based abuse of opposing counsel. By decision and order on application of this court dated July 30, 2003, the respondent's application for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness for an investigation and report with respect to the respondent's current fitness to be an attorney, including but not limited to, his obtaining a passing score on the MPRE.
Upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, it is
ORDERED that the application is granted; and it is further,
ORDERED that, effective immediately, the respondent is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Thomas C. Monaghan to the roll of attorneys and counselors-at-law.
PRUDENTI, P.J., SANTUCCI, ALTMAN, SMITH and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7554
E/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2004-00332 In the Matter of New Hampshire Indemnity Company, petitioner, v Natividad Guillen, respondent. (Index No. 13784/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to appeal to this court from an order of the Supreme Court, Queens County, dated November 26, 2003, and to stay the hearing in the above-entitled proceeding pending the 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 branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the branch of the motion which is for a stay is denied as academic.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7607
CF/
|
2003-05917 In the Matter of Stephen O'B. (Anonymous). Suffolk County Department of Social Services, appellant; Milissa O'B. (Anonymous), respondent. (Proceeding No. 1) (Docket No. N-8941-03) In the Matter of Samantha O'B. (Anonymous). Suffolk County Department of Social Services, appellant; Milissa O'B. (Anonymous), respondent. (Proceeding No. 2) (Docket No. N-8942-03) In the Matter of Shawn O'B. (Anonymous). Suffolk County Department of Social Services, appellant; Milissa O'B. (Anonymous), respondent. (Proceeding No. 3) (Docket No. N-8943-03) In the Matter of Sebastian O'B. (Anonymous). Suffolk County Department of Social Services, appellant; Milissa O'B. (Anonymous), respondent. (Proceeding No. 4) (Docket No. N-8944-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated June 23, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7576
Y/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-10996 In the Matter of Doreen Paschal, respondent, v Larry Paschal, Sr., appellant. Docket Nos. O-27219/03, V-31553/03)
| DECISION & ORDER ON MOTION |
Appeal by Larry Paschal, Sr., from an order of the Family Court, Kings County, dated November 13, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112).
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7562
J/sl
|
2003-03876 In the Matter of President Ventures, LLC, appellant, v Nino Hewitt, et al., respondents. (Proceeding No. 1) Antonio Hewitt, et al., respondents, v Luigi Piccione, et al., appellants. (Proceeding No. 2) (Index Nos. 02568/03, 033574/02)
| 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, Kings County, dated March 26, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 15, 2004, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7541
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2000-02137, 2000-02138
In the Matter of Dishana R. (Anonymous). Orange County Department of Social Services, respondent; Nadine R. (Anonymous), appellant. (Docket No. N-97-99)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the Law Guardian to be relieved of an assignment to represent the child on appeals from two orders of the Family Court, Orange County, dated January 11, 2000, and January 20, 2000, respectively.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the Law Guardian, Cheryl E. Maxim, Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the child:
Henry J. Neale, Jr., Esq.
222 Mamaroneck Avenue
White Plains, New York 10605
(914) 997-7575
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M 7548
O/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-07790 In the Matter of Patricia Riccardi, respondent, v Francis Grixti, appellant. (Docket No. F-58-01)
| DECISION & ORDER ON MOTION |
Appeal by Francis Grixti from an order of the Family Court, Westchester County, dated August 4, 2003. By order to show cause dated December 23, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 22, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 22, 2003 (see 22 NYCRR 670.4[a][5]).
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7572
Y/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-11188 In the Matter of Marc Spector, petitioner, v Leslie Spector, et al., respondents. (Docket Nos. V-17708/02, V-17709/02)
| DECISION & ORDER ON MOTION |
Appeal by the petitioner from an order of the Family Court, Nassau County, dated November 12, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the aggrieved party (see CPLR 5511; Lumbermen's Mutual Cas. Co. v Fireman's Fund Am. Ins. Co., 117 AD2d 588).
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7569
L/
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
THOMAS A. ADAMS, JJ.
|
2003-10720 In the Matter of Joan T. (Anonymous), appellant; Pamela Weinberg, etc., petitioner-respondent. (Index No. 21485/97)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 25, 2003.
Upon the stipulation of the attorneys for the respective parties, dated February 2, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
RITTER, J.P., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7581
CF/
|
2003-10641 In the Matter of Ronald T. (Anonymous), appellant; Corporation Counsel, respondent. (Docket No. D-2843-02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Richmond County, dated October 15, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7550
A/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-03661 In the Matter of Village of Port Chester, etc., respondent, v Maria Martinez, d/b/a Mark Anthony Restaurant, appellant.
(Index No. 3564/00)
| DECISION & ORDER ON MOTION |
Motion by NOW Legal Defense and Education Fund for leave to file an amicus curiae brief on an appeal from an order of the Supreme Court, Westchester County, entered April 17, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the amicus curiae brief must be served on the parties, and nine copies filed in this court on or before February 6, 2004; and it is further,
ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,
ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief within 10 days after service upon them of the amicus curiae brief.
RITTER, J.P., H. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7260
M/mv
|
2004-00412 In the Matter of Shari Weiss, respondent, v Paul A. Brobeck, appellant. (Docket No. O-14074/03)
| SCHEDULING ORDER |
Appeal by Paul A. Brobeck from an order of the Family Court, Nassau County, dated December 9, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7561
PL/sl
|
2002-04229
The People, etc., respondent, v Manuel Alvarenga, appellant. (Ind. No. 1447/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Suffolk County, rendered April 9, 2002.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 11, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7580
Y/sl
FRED T. SANTUCCI, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
|
2002-06972 The People, etc., respondent, v Ali Bessaha, appellant. (Ind. No. 580/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the County Court, Nassau County, rendered June 26, 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, with leave to renew, unless the defendant renews his prior motion for leave to prosecute the appeal as a poor person on or before April 2, 2004.
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7458
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-11015
The People, etc., plaintiff, v Dawn Boykin, defendant. (Ind. No. 1651/02)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment |
Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Nassau County, rendered July 31, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
03 G 0920
Bedford Hills Corr. Fac.
Box 1000
Bedford Hills, New York 10507
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7499
F/
DAVIS S. RITTER J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
1995-08232 The People, etc., respondent, v Neville Chambers, appellant. (Ind. No. 7951/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered August 10, 1995.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
RITTER, J.P., GOLDSTEIN, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7503
F/
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2001-05312 The People, etc., respondent, v Christopher Conley, appellant. (Ind. No. 583-00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered May 30, 2001, 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.
ALTMAN, J.P., SMITH, H. MILLER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
01 A 3303
555 Devils Den Road
Altona, New York 12910
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7478
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-10909
The People, etc., respondent, v Kamorie Edwards, appellant.
(Ind. No. 2121/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered November 18, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Eugene Cordaro, Esq.
170 Old Country Road
Mineola, New York 11501
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 6301
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7460
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2004-00046
The People, etc., plaintiff, v Anthony George, defendant. (Ind. No. 3398/03)
| 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, Kings County, rendered September 23, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
03 A 5189
Downstate Corr. Fac.
P.O. Box F
Fishkill, New York 12524
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7475
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2002-10626 DECISION & ORDER ON MOTION The People, etc., respondent, v Llewellyn George, appellant. (Ind. No. 01-00345)
|
On the court's own motion, it is
ORDERED that the decision and order on motion of this court, dated September 30, 2003, 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 County Court, Westchester County, rendered December 11, 2001, 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., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7450
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2004-00044 The People, etc., plaintiff, v Michael Gillum, defendant. (Ind. No. 2342/02)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Nassau County, rendered February 14, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7502
F/
DAVIS S. RITTER J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
1999-05730 The People, etc., respondent, v Louis Granville, appellant. (Ind. No. 1904/90)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered June 10, 1999.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
RITTER, J.P., GOLDSTEIN, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7543
O/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2002-04220 The People, etc., respondent, v Johnny Gueits, appellant. (Ind. No. 2121/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered April 30, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until February 13, 2004, and the respondent's brief must be served and filed on or before that date.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7570
Y/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-11298 The People, etc., plaintiff, v Warren Madison, defendant. (Ind. No. 2701/03)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal to this court from an order of the County Court, Nassau County, entered November 14, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
The order is not appealable as of right or by permission (see CPL 450.10, 450.15).
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7448
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-11354 The People, etc., plaintiff, v Anton Muscat, defendant. (Ind. No. 6478/01)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered November 15, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7443
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2002-06560 The People, etc., respondent, v Jesus Negron, appellant. DECISION & ORDER ON MOTION
(Ind. No. 8003/01)
| Motion to File a Supplemental Brief |
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 June 24, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
02 A 3818
Attica Corr. Fac.
Box 149
Attica, New York 14011
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7473
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2002-08361 DECISION & ORDER ON MOTION The People, etc., respondent, v Ildefonso Oquendo, appellant. (Ind. No. 02-00054)
|
Motion by the appellant pro se to recall and vacate a decision and order on motion of this court, dated December 8, 2003, which granted his application for leave to serve and file a supplemental brief on his appeal from a judgment of the County Court, Orange County, rendered August 8, 2002, and to deem the application withdrawn.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, the decision and order on motion dated December 8, 2003, is recalled and vacated, and the appellant's application for leave to serve and file a supplemental brief is deemed withdrawn.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7454
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-07137 The People, etc., plaintiff, v Donald Platt, defendant. (Ind. No. 954-02)
| DECISION & ORDER ON MOTION |
Renewed motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Suffolk County, rendered December 23, 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.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7452
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-11299 The People, etc., plaintiff, v Lincoln Riley, defendant. (Ind. No. 34/03)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered September 23, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7552
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-04026, 2003-04028, 2003-04282 The People, etc., appellant, v Jasper Rutledge, respondent. (Ind. No. 1101/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to defend appeals from two orders of the Supreme Court, Queens County, dated February 28, 2003, and April 8, 2003, respectively, and an amended order of the same court dated May 2, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew on or before March 2, 2004, upon proper papers, including the respondent's affidavit setting forth (1) the respondent's full financial situation including all assets, both real and personal, as well as any and all sources of income and (2) the amount and source of counsel fees paid to retained counsel.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7489
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-02792 The People, etc., respondent, v Jonathan D. Smith, appellant. (Ind. No. 106/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Dutchess County, rendered March 13, 2003, 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 no papers having been filed in opposition or 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 advise the appellant of the date by which the minutes are to be returned and the brief filed.
RITTER, J.P., GOLDSTEIN, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
03 A 1721
Bare Hill Corr. Fac.
Caller Box 20-181 Brand Road
Malone, New York 12953.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7522
F/
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2000-03599 The People, etc., respondent, v Marvin Stewartson, appellant. (Ind. No. 2979/99)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by Alireza Dilmaghani, Esq., to be substituted as retained counsel, in place of assigned counsel, to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 10, 2000, and to continue the appellant's poor person status. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on February 4, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to retained counsel:
Alireza Dilmaghani, Esq.
Furman Law Firm of New York
P.O. Box 1144 - Madison Square Station
New York, New York 10159-1144
and it is further,
ORDERED that the appellant's poor person status is continued; and it further,
ORDERED that the appellant's time to perfect the appeal is enlarged. Retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
ALTMAN, J.P., SMITH, H. MILLER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Attorney's Address:
Alireza Dilmaghani, Esq.
Furman Law Firm of New York
P.O. Box 1144 - Madison Square Station
New York, New York 10159-1144
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7495
F/
DAVIS S. RITTER J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
1999-05451 The People, etc., respondent, v Furman Thomas, appellant. (Ind. No. 3903/98)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered May 27, 1999.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
RITTER, J.P., GOLDSTEIN, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7442
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-04109
The People, etc., respondent, v Oscar Urena, appellant. (Ind. No. 5095/00)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered November 26, 2002, 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.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7549
O/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2002-05727 The People, etc., respondent, v Ryan Wagner, appellant. (Ind. No. 2452/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the County Court, Suffolk County, rendered January 9, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until March 12, 2004.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7477
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2001-09564 DECISION & ORDER ON MOTION The People, etc., respondent, v Robert Wiggins, appellant. (Ind. No. 01-00622)
|
On the court's own motion, it is
ORDERED that the decision and order on motion of this court, dated January 31, 2003, 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 County Court, Orange County, rendered October 25, 2001, 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., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7440
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2003-11084
The People, etc., respondent, v Matthew E. Williams, Jr., appellant.
(Ind. No. 70/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered November 25, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Yasmin Daley-Duncan, Esq.
218 Smith Street
Brooklyn, New York 11201
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
FLORIO, J.P., KRAUSMAN, SCHMIDT, and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 R 6191
Ulster Corr. Fac.
Berme Rd. - P.O. Box 800
Napanoch, New York 12458-0800
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7459
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2004-00025
The People, etc., plaintiff, v Rodney Williams, defendant. (Ind. No. 1991/03)
| 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, Kings County, rendered October 7, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
03 R 5395
Mohawk Corr. Fac.
61 School Rd. - Box 8451
Rome, New York 13442