APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7783
C/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-00606 Bank of New York, etc., plaintiff-respondent, v Jaime Ortiz, et al., appellants, et al., defendants; Kenneth Racktoo, intervenor-respondent. (Index No. 7784/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to enjoin the plaintiff-respondent and the intervenor-respondent from evicting them from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated December 22, 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.
SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7761
S/sl
|
2003-05373 Maria Beatriz Bedoya, et al., appellants, v St. Johns Queens Hospital, etc., et al., respondents. (Index No. 10126/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 29, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 10, 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
M7779
L/
|
2003-08692 Robert J. Cimino, etc., appellant, v 1987 Toyota, VIN #JT2AE83E9H3460028, et al., respondents. (Index No. 6248/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 15, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7778
L/
|
2003-05969 Robert J. Cimino, etc., appellant, v 1991 Pontiac, VIN #1G2NG14U6MC627735, et al., respondents. (Index No. 6852/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the County Court, Suffolk County, dated May 9, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7780
L/
|
2003-00929 Compaq Financial Services Corporation, respondent, v Barry Hintze, et al., appellants, et al., defendant. (Index No. 6057/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated November 25, 2002.
Upon the stipulation of the parties, dated December 19, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7551
A/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-05246 Jacqueline Curcio, etc., et al., plaintiffs- respondents, v Roman Catholic Diocese of Rockville Centre, defendants third-party plaintiffs-respondents; Town of Oyster Bay, third-party defendant-appellant. (Index No. 7967/00)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant-appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered May 22, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7764
S/sl
|
2003-07379 Antoneen Darden-McCall, et al., respondents, v Daniel Barrios, appellant. (Index No. 42817/01)
| 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, Kings County, dated June 10, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 13, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7790
L/
|
2003-09376 Gina E. DePascale, respondent-appellant, v East Meadow Fire District, et al., appellants-respondents. (Index No.6165/00)
| ORDER ON APPLICATION Application to Withdraw Appeal and Cross Appeal |
Applications by the appellants-respondents and the respondent-appellant to withdraw an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated September 18, 2003.
Upon the papers filed in support of the applications and no papers having been filed in opposition or relation thereto, it is
ORDERED that the applications are granted and the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7768
A/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-08967 Vincent J. Emilio, etc., appellant, v Robison Oil Corp., d/b/a Robison, respondent.
(Index No. 1412/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered September 2, 2003, to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7787
L/
|
2003-06218 Nadezhda Firer, et al., respondents, v Renee L. Bousquet, defendant, Inna B. Maksakov, et al., appellants. (Index No. 14173/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 12, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7774
C/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-10505 Denese Forde, respondent, v JRD Management Corp., appellant. (Index No. 2221/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, entered September 16, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted to the extent that the respondent's time to serve and file a brief is enlarged until March 11, 2004, and the respondent's brief must be served and filed on or before that date, and the motion is otherwise denied.
SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7765
L/
DAVID S. RITTER, J.P.
MYRIAM J. ALTMAN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2002-03963
Edward Galadyk, plaintiff-respondent, v L & E Development Corp., defendant third-party plaintiff-respondent, Sleepy Hollow Development Corp., defendant-respondent, et al., defendants; Namar Contractors, Ltd., third-party defendant- appellant, et al., third-party defendants. (Index Nos. 24398/99)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 26, 2002.
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 deemed withdrawn, without costs or disbursements.
RITTER, J.P., ALTMAN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7795
L/
|
2003-09217 Suzanne Glendenning, respondent, v City of Mount Vernon, appellant. (Index No. 5325/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 9, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7770
A/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-07082
Emily Gonzalez, et al., respondents, v Luanas Limo, Inc., et al., appellants. (Index No. 30213/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 27, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until March 11, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7762
S/sl
|
2003-06800 Martin A. Halpern, respondent-appellant, v Goldstein & Halpern, C.P.A., et al., appellants-respondents. (Index No. 140/95)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order and judgment (one paper) of the Supreme Court, Rockland County, dated June 23, 2003.
ORDERED that the application is granted and the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, on or before April 23, 2004 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7756
S/sl
|
2003-00615, 2003-04764 Hedaya Home Fashions, Inc., et al., respondents, v American Motorists Insurance Company, etc., et al., appellants. (Index No. 8337/97)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two judgments of the Supreme Court, Kings County, dated December 18, 2002, and April 25, 2003, respectively.
ORDERED that the application is granted and the reply brief shall be served or filed on or before March 5, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7775
PL/sl
|
2003-06511 Richard Innes, et al., respondents, v Walsh Construction Corp., et al., defendants, Glezen Associates, et al., appellants. (Index No. 15446/95)
| 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, Suffolk County, dated June 2, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 25, 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
M7758
S/sl
|
2003-03294 ORDER ON APPLICATION Estrella Ocasio, respondent-appellant, v Panagiota Zorbas, appellant- respondent.
(Index No. 14815/00)
|
Application by the appellant-respondent 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, Queens County, dated March 19, 2003.
ORDERED that the application is granted and the appellant-respondent's reply brief shall be served and filed on or before March 10, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7760
S/sl
|
2003-06572 Public Administrator of Kings County, etc., respondent, v Sarafino Tomassetti, et al., appellants, et al., defendants. (Index No. 41660/95)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an amended judgment of the Supreme Court, Kings County, dated June 19, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 14, 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
M7773
PL/sl
|
2003-07027 Iris Ramos, respondent, v New York City Transit Authority, et al., appellants. (Index No. 16612/00)
| 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, Kings County, dated April 29, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 4, 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
M7793
L/
|
2003-07467 Theodore Rec, appellant, v Ria Bleier, respondent, (Index No. 13950/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 29, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7786
L/
|
2003-09111 Rafael Rivera, respondent, v City of New York, defendant, Board of Education of City of New York, et al., appellants. (Index No.45847/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 15, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7623
L/
|
2003-08254 Michael Sanzone, et al., respondents, v Gianpaolo Maestrone, defendant, Steven Nate, et al., appellants. (Index No.13212/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated September 3, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7799
L/
|
2003-07635 Christine Schiavone, respondent, v Victory Memorial Hospital, et al., defendants, Balkrishnan Nigam, etc., appellant. (Index No. 15011/96 )
| 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 July 11, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7755
S/sl
|
2003-05218 Michael Sparkes, appellant, v Alvin Berger, et al., defendants-respondents, New York Methodist Hospital, defendant fourth-party plaintiff-respondent; M.R.S., Inc., etc., fourth-party defendant-respondent. (Index No. 1270/96)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on an appeal from an order of the Supreme Court, Queens County, dated March 24, 2003.
ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until March 26, 2004, and the respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7389
C/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
|
2002-08211 Scott Suchin, et al., appellants, v Robert W. Frederick, respondent. (Index No. 3862/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, for leave to reargue an appeal from a judgment of the Supreme Court, Westchester County, dated July 11, 2002, which was determined by decision and order of this court dated November 3, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the decision and order of this court in the above-entitled action dated November 3, 2003, is amended by deleting from the second full paragraph of the body thereof the word "jury" and substituting therefor the words "trier of fact", and the motion is otherwise denied.
RITTER, J.P., FLORIO, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7763
J/sl
|
2003-01359, 2003-03098 Rosemary Toriola, appellant, v Joseph Kahen, et al., respondents. (Index No. 18568/02)
| 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 two orders of the Supreme Court, Queens County, dated January 2, 2003, and February 20, 2003, respectively, and for leave to serve and file an appendix to the reply brief.
ORDERED that the branch of the application which is to enlarge the time to serve and file a reply brief is granted and the reply brief shall be served and filed on or before February 27, 2004; and it is further,
ORDERED that the branch of the application which for leave to serve and file an appendix to the reply brief is denied without prejudice to the appellant making a formal motion for the same relief (see CPLR 8022[b]).
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7785
L/
|
2003-09772 Leanore Wild, respondent, v Stardust Diners, Inc., d/b/a Colony Diner, et al., appellants. (Index No. 9344/02)
| 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 September 29, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7781
C/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-05949, 2003-09813 Donna Lee Williams, etc., respondent, v Goldy Feig, a/k/a Goldy Weiss, a/k/a Goldie Feig Weiss, appellant, et al., defendants. (Index No. 0335/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all discovery in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Rockland County, dated May 29, 2003, and October 3, 2003, 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.
SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7769
E/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-00397 Xiao Yang Chen, appellant, v Ian Ira Fischer, respondent. (Index No. 995/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, dated December 10, 2002, to strike stated portions of the appellant's reply brief on the ground that it raises an argument not raised in the appellant's main brief.
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.
SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7776
L/
|
2003-09614, 2003-09615 In the Matter of Jaden B. (Anonymous). Administration for Children's Services, respondent; Sharee S. (Anonymous), appellant. (Docket Nos. N-04418/02, N-04419/02)
| ORDER ON APPLICATION Application to Withdraw Appeals |
Application by the appellant to withdraw appeals from two orders of the Family Court, Queens County, dated June 3, 2003, and October 24, 2003, respectively.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7748
E/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-07824 In the Matter of Lois Martin, appellant, v Sheldon Martin, respondent. (Docket No. V-0262/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue his motion for leave to prosecute an appeal from an order of the Family Court, Suffolk County, entered July 23, 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 8, 2004, upon proper papers establishing that the appellant is entitled to poor person relief, including a statement of monthly expenses and the balances in any savings or checking accounts (see CPLR 1101).
SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7797
L/
|
2003-10144 In the Matter of James Monteleon, appellant, v Joann F. Reilly, respondent. (Index No. F-00456-99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Westchester County, dated September 17, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7777
L/
|
2003-09565 In the Matter of Teresa Garcia Ruz, et al., appellants; Michael C. Geiger, et al., respondents. (Index No. 320199)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Surrogate's Court, Nassau County, dated September 22, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7782
L/
|
2003-05141 In the Matter of Richard J. Stein, petitioner, v Paul Janos, etc., et al., respondents. (Index No. 18602/02)
| ORDER ON APPLICATION Withdraw Proceeding on Stipulation |
Proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, dated May 2, 2003.
Upon the stipulation of the parties, dated January 27, 2004, it is
ORDERED that the proceeding is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7624
L/
|
2003-01932 In the Matter of Suzuki Capital Funding, Ltd., et al., respondents, v Taesoo Park, et al., appellants. (Index No.9833/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 24, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7754
E/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-10639 In the Matter of Susan Walsh, petitioner, v Robert H. Pagliaro, respondent. (Docket Nos. V-6037-03, V-6038-03)
| DECISION & ORDER ON MOTION |
Motion by the Law Guardian, inter alia, to be relieved from representing the children on a purported appeal from an order of the Family Court, Orange County, dated November 24, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied as academic as leave to appeal to this court from the order dated November 24, 2003, was denied by decision and order on motion of this court dated January 13, 2004.
SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7731
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2002-05798
The People, etc., respondent, v Leslie Amy, appellant.
(Ind. No. 00-01357)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered June 17, 2002, 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.
S. MILLER, J.P., LUCIANO, ADAMS, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
171 West Main Street
Stony Point, New York 10980
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7757
F/
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-00040
The People, etc., plaintiff, v Joshua Arnold, defendant. (Ind. No. 02-00582)
| 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, Orange County, rendered January 6, 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.
SMITH, J.P., GOLDSTEIN, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
03 A 0243
Clinton Corr. Fac.
Box 2002
Dannemora, New York 12929
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7730
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-00053 The People, etc., plaintiff, v Carl Bennet, defendant. (Ind. No. 98-01563)
| 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, Westchester County, rendered March 4, 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.
S. MILLER, J.P., LUCIANO, ADAMS, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7728
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-00227 The People, etc., plaintiff, v Rafael A. Cintron, defendant. (Ind. No. 03-00056)
| 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, Orange County, rendered July 14, 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.
S. MILLER, J.P., LUCIANO, ADAMS, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7717
F/
REINALDO E. RIVERA, J.
|
2003-06136 The People, etc., plaintiff, v Arecio Collado, defendant. (Ind. No. 4315/95, 5647/95)
| 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, Queens County, dated September 25, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
REINALDO E. RIVERA
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7723
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-00089
The People, etc., respondent, v Steven A. Domin, appellant.
(Ind. No. 76/03)
| 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 December 17, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in 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:
Carol Kahn, Esq.
225 Broadway - Suite 1515
New York, New York 10007
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
S. MILLER, J.P., LUCIANO, ADAMS, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
04 R 0072
Ulster Corr. Fac.
Berme Road - P.O. Box 800
Napanoch, New York 12458
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7732
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-00157
The People, etc., respondent, v Leon France, appellant. (Ind. No. 1516/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered December 4, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7722
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-09928 The People, etc., respondent, v Shanaye Hughley, appellant. (Ind. No. 10169/02)
| DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes |
Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Queens County, rendered October 22, 2003, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that that branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,
ORDERED that the motion is otherwise granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); retained counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the Trial Court is directed to reproduce a copy thereof for retained counsel; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged.
S. MILLER, J.P., LUCIANO, ADAMS, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Attorney's Address:
Jason L. Russo, Esq.
165 EAB Plaza
West Tower - 6th Floor
Uniondale, New York 11556
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7713
K/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2002-10986, 2003-08992 The People, etc., respondent, v Lonnie Jones, appellant. (Ind. No. 7421/01)
| DECISION & ORDER ON MOTION |
Appeals by the defendant in the above-entitled case (1) from a judgment of the Supreme Court, Kings County, rendered November 19, 2002, and (2), by permission, from an order of the same court dated September 10, 2003.
On the court's own motion, it is
ORDERED that the appeals are consolidated.
KRAUSMAN, J.P., GOLDSTEIN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7297
K/sl
GLORIA GOLDSTEIN, J.
|
2003-08992
The People, etc., respondent, v Lonnie Jones, appellant. (Ind. No. 7421/01)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated September 10, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is granted; the defendant is granted leave to appeal from the order of the Supreme Court, Kings County, dated September 10, 2003, made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
GLORIA GOLDSTEIN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7759
F/
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-04383 v Larry Krebs, appellant. (Ind. No. 47/01)
| The People , etc., respondent, DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Richmond County, rendered May 13, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
SMITH, J.P., GOLDSTEIN, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
02 A 2927
Shawangunk Corr. Fac.
Box 700
Wallkill, New York 12589
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6692
F/
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2002-10988 The People, etc., respondent, Motion to (Ind. No. 949/02)
| DECISION & ORDER ON MOTION Assign Counsel v Eliecer Lee, appellant. |
Renewed motion by the appellant pro se for assignment of counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered November 21, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that pursuant to statute (County Law § 722), the following named attorney is assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
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, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
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 when the assigned counsel serves his brief on the District Attorney, he shall also serve his copy of the minutes on the District Attorney.
PRUDENTI, P.J., KRAUSMAN, TOWNES, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
02 A 6445
Wyoming Corr. Fac.
Box 501
Attica, New York 14011
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7296
K/sl
SANDRA L. TOWNES, J.
|
2003-10273 The People, etc., respondent, v Peter Martinez, appellant.
(Ind. No. 2909/00)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
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 27, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is granted; the defendant is granted leave to appeal from the order of the Supreme Court, Queens County, dated October 27, 2003, made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
SANDRA L. TOWNES
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7771
A/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-01419
The People, etc., respondent, Terence Moon, appellant. (Ind. No. 473/01)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Nassau County, rendered January 23, 2001.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before March 31, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7716
F/
REINALDO E. RIVERA, J.
|
2004-00021
The People, etc., plaintiff, v Orlando Piletas, defendant. (Ind. No. 1300/99)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated November 3, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
REINALDO E. RIVERA
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7734
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-03025
The People, etc., respondent, v Ganesh Punwa, appellant. (Ind. No. 246/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered March 20, 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 opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7791
C/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-10542 The People, etc., respondent, v Carlos Ramos, appellant. (Ind. No. 5886/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered June 5, 2003, as a poor person and for the assignment of counsel.
On the court's own motion, it is
ORDERED that the appellant show cause before this court, at the courthouse, located at 45 Monroe Place, Brooklyn, N.Y., 11201, on March 15, 2004, at 9:30 A.M., why an order should not be entered dismissing the appeal on the ground that the notice of appeal is untimely (see CPL 460.10[1][a], 460.30), and the appellant has not sought leave to file a late notice of appeal; and it is further,
ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is held in abeyance in the interim; 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 on motion upon the appellant at his last known place of residence, or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, by ordinary mail pursuant to CPL 470.60(2).
SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7725
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-10910
The People, etc., respondent, v Angel Rivera, appellant.
(Ind. No. 198/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Rockland 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 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 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:
James Licata
Office of the Public Defender
11 New Hemstead Road
New City, New York 10956-3664
and it is further,
ORDERED that the appellant's time to perfect the 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, and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 6220
Downstate Corr. Fac.
P.O. Box F
Fishkill, New York 12524
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7718
F/
REINALDO E. RIVERA, J.
|
2003-10873
The People, etc., plaintiff, v Enrique Rodriguez, defendant. (Ind. No. 845/95)
| 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, Queens County, dated October 17, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
REINALDO E. RIVERA
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7729
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-00096 The People, etc., plaintiff, v Donald Sparling, defendant. (Ind. No. 101-03)
| 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 County Court, Suffolk County, rendered June 19, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., LUCIANO, ADAMS, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7724
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2002-10845
The People, etc., respondent, v Michael Sudbrink, appellant.
(Ind. No. 2199/00)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered October 28, 2002, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Arza Feldman, Esq.
300 Rabro Drive
Hauppauge, New York 11788
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.
S. MILLER, J.P., LUCIANO, ADAMS, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
128 Foster Blvd.
North Babylon, New York 11702