Appellate Division: Second Judicial Department
M20589
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2004-04263
Allstate Insurance Company, respondent, v Michael A. Marcone, et al., appellants, et al., defendants. (Index No. 5977/98)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated April 16, 2004.
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' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21342
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2004-06271, 2004-09347 Elizabeth Barbanes, appellant, v Thomas W. Smith, respondent. (Index No. 7782/94)
| SCHEDULING ORDER |
Appeals by Elizabeth Barbanes from an order of the Supreme Court, Westchester County, entered June 2, 2004, and a judgment of the same court, dated September 23, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 20, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M21348
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2004-04060, 2004-09459, 2004-09460 Nathan Blumes, respondent, v Inbar Blumes Madar, s/h/a Inbar Blumes, appellant. (Index No. 48288/00)
| SCHEDULING ORDER |
Appeals by Inbar Blumes Madar from three orders of the Supreme Court, Kings County, dated May 3, 2004, June 3, 2004, and August 9, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on November 16, 2004. By decision and order on motion dated January 27, 2005, the respondent's motion for assignment of counsel on the appeals was denied with leave to renew. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeals is enlarged until February 25, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21361
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2004-06725 Melvin Gellman, et al., respondents-appellants, v Seawane Golf & Country Club, Inc., appellant- respondent. (Index No. 12550/02)
| ORDER ON APPLICATION |
Application by the 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, Nassau County, dated June 25, 2004.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until February 14, 2005, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file an answering brief, including the points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21389
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2003-11378, 2003-11379
Mohani Jaikaran, appellant, v Abraham Marin, a/k/a Jack Marin, a/k/a Andrew Marin, respondent. (Index No. 22903/02)
| 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 appeals from a judgment of the Supreme Court, Kings County, dated November 13, 2003, and an order of the same court dated September 24, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 17, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21396
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2004-00109, 2004-07577 Nitza Keane, appellant-respondent, v Frank M. Keane, respondent-appellant. (Index No. 18696/99)
| ORDER ON APPLICATION |
Application by the appellant-respondent on appeals and cross appeals from a judgment of the Supreme Court, Westchester County, dated November 14, 2003, and an order of the same court dated July 23, 2004, pursuant to 22 NYCRR 670.8(d)(2), to enlarge the time to serve and file a reply brief.
ORDERED that the application is granted, the appellant-respondent's reply brief shall be served and filed on or before February 22, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21370
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2004-06434 Deborah Miller, respondent, v Allan B. Miller, appellant. (Index No. 14658/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an amended judgment of the Supreme Court, Suffolk County, dated June 15, 2004
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 21, 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
M21387
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2004-06060
Nationwide Associates, Inc., appellant, et al., plaintiff, v Jules A. Epstein, respondent. (Index No. 1378/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated June 16, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 16, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21392
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2004-06031, 2004-07628
Hayat S. Raja, appellant, v Qurratulain T. Siddiqui, et al., respondents, et al., defendants.
(Index No. 12482/02)
| 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 appeals from an order of the Supreme Court, Richmond County, dated May 24, 2004, and a judgment of the same court dated July 6, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 22, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21323
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2004-10996 In the Matter of Janine Bradley, respondent, v Antonio B. Beneduce, appellant. (Docket No. F-15534-03)
| ORDER TO SHOW CAUSE |
Appeal by Antonio B. Beneduce from an order of the Family Court, Nassau County, dated November 19, 2004. By scheduling order dated December 28, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties 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 in the above-entitled proceeding for failure to comply with the scheduling order dated December 28, 2004, 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 February 25, 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 the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21333
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2004-09670 In the Matter of Crystalee C. (Anonymous). Orange County Department of Social Services, appellant; Glen C. (Anonymous), respondent. (Proceeding No. 1 ) (Docket No. B-2740-04) In the Matter of Jylissa C. (Anonymous). Orange County Department of Social Services, appellant; Glen C. (Anonymous), respondent. (Proceeding No. 2) (Docket No. B-2741-04)
| SCHEDULING ORDER |
Appeal by Orange County Department of Social Services from an order of the Family Court, Orange County, dated September 9, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 22, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21334
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2004-07623 In the Matter of Saquan Lyarkim E. (Anonymous), a/k/a Saquan E. (Anonymous), a/k/a Saquan E. (Anonymous), Jr. Child Development Support Corporation, petitioner- respondent; Saquan E. (Anonymous), Sr., appellant, et al., respondent. (Docket No. B-929/03)
| SCHEDULING ORDER |
Appeal by Saquan E., Sr., from an order of the Family Court, Queens County, dated May 7, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 14, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until February 28, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21366
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HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
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2004-10151
In the Matter of Catherine Eadicicco, respondent, v Daniel Lupo, appellant. (Docket No. O-1581-04)
| DECISION & ORDER ON MOTION |
Appeal by Daniel Lupo from an order of the Family Court, Richmond County, dated October 18, 2004. By order to show cause dated January 7, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated November 26, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
On the court's own motion, and the papers filed in relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated November 26, 2004 (see 22 NYCRR 670.4[a][5]).
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21365
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ANITA R. FLORIO, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
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2004-07812
In the Matter of Helena Estes, respondent, v Lawrence Glenn, appellant. (Docket No. F-21535/03)
| DECISION & ORDER ON MOTION |
Appeal by Lawrence Glenn from an order of the Family Court, Queens County, dated August 13, 2004. By order to show cause dated January 11, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated November 23, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
On the court's own motion, and no papers having been filed in relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated November 23, 2004 (see 22 NYCRR 670.4[a][5]).
FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21398
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HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
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2003-11115, 2004-07851, 2004-07852 2004-08331, 2004-08333
In the Matter of LeVonn G. (Anonymous). Suffolk County Department of Social Services, respondent; Cecelia G. (Anonymous), appellant. (Docket No. N-11117/02)
| DECISION & ORDER ON MOTION |
Motion by the Legal Aid Society, Law Guardian for the child, on appeals by Cecelia G. from three orders of the Family Court, Suffolk County, dated October 23, 2003, July 23, 2004, and August 2, 2004, respectively, and two orders of the same court entered August 13, 2004, and August 16, 2004, respectively, to be relieved as Law Guardian solely for the purposes of representing the child on the appeals, but to be allowed to remain as Law Guardian in the proceedings before the Family 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.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21341
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2004-02133 In the Matter of Patricia Griffin, respondent, v Daniel B. Griffin, appellant. (Docket No. F-00277-92)
| SCHEDULING ORDER |
Appeal by Daniel B. Griffin from an order of the Family Court, Westchester County, dated February 6, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 31, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M21345
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2004-06409 In the Matter of Devon H. (Anonymous), appellant. (Docket No. E-37146/03)
| SCHEDULING ORDER |
Appeal by Devon H. from an order of the Family Court, Kings County, dated July 13, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 28, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M21351
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2004-05242 In the Matter of Johvanny Herrera, respondent, v Kelly O'Neil, appellant. (Docket No. V-2948-00)
| SCHEDULING ORDER |
Appeal by Kelly O'Neil from an order of the Family Court, Suffolk County, dated May 27, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 28, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21344
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2004-02369 In the Matter of Regina P. (Anonymous). Rockland County Department of Social Services, respondent; Kathy P. (Anonymous), appellant. (Docket No. NN-380-03)
| SCHEDULING ORDER |
Appeal by Kathy P. from an order of the Family Court, Rockland County, dated January 20, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 31, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M21331
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2004-09762, 2004-09763 In the Matter of Cornelius Sullivan, appellant, v Marilyn Sullivan, respondent. (Docket No. V-1893-03)
| SCHEDULING ORDER |
Appeals by Cornelius Sullivan from two orders of the Family Court, Suffolk County, both dated September 28, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until March 2, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21352
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2004-08583 In the Matter of Aaron T. (Anonymous). St. Christopher Ottilie, petitioner-respondent; Sharon W. (Anonymous), respondent-respondent; Eliot Greene, nonparty-appellant. (Proceeding No. 1) In the Matter of Tamarshian H.(Anonymous). St. Christopher Ottilie, petitioner-respondent; Sharon W. (Anonymous), respondent-respondent; Eliot Greene, nonparty-appellant. (Proceeding No. 2) (Docket Nos. B-06282-03, B-06284-03)
| SCHEDULING ORDER |
Appeal by the law guardian Eliot Greene from an order of the Family Court, Kings County, dated September 15, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 28, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21321
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2004-10939 In the Matter of Janeen Townsend, respondent, v Michael Veal, appellant. (Docket No. F-7305/04)
| SCHEDULING ORDER |
Appeal by Michael Veal from an order of the Family Court, Queens County, dated November 16, 2004. By decision and order on motion of this court dated February 3, 2005, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. 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) 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), or (4), 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M21328
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2004-06019, 2004-06021 In the Matter of Belinda Watson, respondent, v James Watson, appellant. (Docket No. F-0577-01)
| SCHEDULING ORDER |
Appeals by James Watson from two orders of the Family Court, Kings County, both dated June 21, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 1, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M21368
Y/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
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2005-00788 In the Matter of Mari Weisbard, et al., respondents, v Tracy Missett, appellant. (Docket No. V-01284/99)
| DECISION & ORDER ON MOTION |
Motion by Tracy Missett for leave to appeal to this court from an order of the Family Court, Westchester County, entered January 5, 2005, and to stay the hearing in the above-entitled proceeding 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 branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M21277
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A. GAIL PRUDENTI, P.J.
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2004-10800
The People, etc., plaintiff, v Vincent Cammarata, defendant. (S.C.I. No. 591/98)
| 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, Queens County, dated October 26, 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.
A. GAIL PRUDENTI Presiding Justice
Appellate Division : Second Judicial Department
M21278
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A. GAIL PRUDENTI, P.J.
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2004-10330
The People, etc., plaintiff, v Padraic Keating, defendant. (Ind. No. 483/95)
| 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, Richmond County, dated October 13, 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.
A. GAIL PRUDENTI
Presiding Justice