02-14-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR FEBRUARY 14, 2005

TITLE	Case Number
Bay Islip Associates v State of New York	2004-07998
Bjornson v Bjornson	2005-01248
Breuer v Feder	2004-06564
D'Agostino v Franklin	2004-07174
Davey v Davey	2004-07152
Drayton v Ford Motor Credit Company	2004-06897
Duran v Mendez	2004-05098
Fanizza v Maynard	2004-08129
Focus Interactive, Inc. v Infospace, Inc.	2004-01280
Formosa v Litt	2005-00740
Frank v Nathan's Famous, Inc.	2004-05326
Franznick v Town of Huntington	2004-07882
Grullon v Peters-Baptiste	2004-05501
Harmonay v Harmonay	2004-10457
Kolmel-Hayes v South Shore Cruise Lines, Inc.	2004-00809 +1
Korpalski v Lau	2004-07253
Martin v Barshay	2005-00248
Mullayev v Mullayev	2004-08611
Mullayev v Mullayev	2004-08849
Oparaji v Duran	2004-04470
Pechko v Gendelman	2004-06165
RR Chester, LLC v Arlington Building Corp.	2004-01910
Richard A. Dubi, P.C. v Kishner	2004-08285
Smith v Smith	2005-01249
Starrett Seafood Market, Inc. v Starrett City	2004-11197
Wilson v Wilson	2005-00548 +1
Yak v Estate of Grant	2004-02661
Mtr of Allstate Insurance Company v Guillaume	2005-00114
Mtr of B. (Anonymous), Andre; Nassau County A	2005-01275
Mtr of Christian v Uniform Holdings, LLC	2003-09685 +1
Mtr of Coates v Lee	2005-01122
Mtr of Ford v Tindal	2005-01167
Mtr of Halperin v City of New Rochelle	2004-02193
Mtr of L. (Anonymous), Darlene; Guy; Jennifer	2005-01097
Mtr of Maldonado v New York State Board of Pa	2004-11335
Mtr of McIver-Heyward v Heyward	2005-01083
Mtr of Mitchell v City of New York Department	2004-05478
Mtr of Nieves v Nieves	2005-01089
Mtr of R. (Anonymous), Jennifer; Suffolk Coun	2003-06350
Mtr of Recard v Polite	2004-11002
Mtr of Rho v Rho	2004-03049
Mtr of S. (Anonymous), Akeeya Princess; St. C	2004-10943
Mtr of S. (Anonymous), Michael; Corporation C	2005-01300 +1
Mtr of Zindle v Hernandez	2005-01159
Peo v Brown, Daniel	1996-10676
Peo v Burks, Timothy	2004-11001
Peo v Cuspert, Samuel	2004-11213
Peo v Davis, Daniel	2003-10361
Peo v Eslatt, Marino	2004-11214
Peo v Garcia, Guido Mauricio	2005-00163
Peo v Henderson, Kenneth	2003-08434
Peo v Kettreis, Ali	2003-09010
Peo v Koehl, Edward	2004-11259
Peo v Kotsopoulos, Nikolaos	2003-05790
Peo v Means, Lamar	2001-10662
Peo v Noble, Jeffrey, a/k/a Novel, Michael	2004-07560
Peo v Paupaw, Tajamaha	2004-11206 +1
Peo v Pereira, Wilber	2004-11236 +1
Peo v Philips, George	2003-04277
Peo v Smith, Jermaine	2003-02354
Peo v Tucker, Adam	2004-01803
Peo v Williams, Johnitta	2004-11008

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Appellate Division: Second Judicial Department

M21563

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2004-07998

Bay Islip Associates, appellant-respondent,
v State of New York, respondent-appellant.
(Claim No. 101406)

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 a judgment of the Court of Claims, dated August 3, 2004.

ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until April 26, 2005, and the joint record or joint 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 respondent-appellant shall serve and file its answering brief, including its 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

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Appellate Division: Second Judicial Department

M21484

M/nal

2005-01248
Eric Bjornson, respondent,
v Elisabeth Bjornson, appellant.
(Index No. 9159/02)

SCHEDULING ORDER

Appeal by Elisabeth Bjornson from an order of the Supreme Court, Kings County, dated January 4, 2005. 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 in the Supreme Court action 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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Appellate Division: Second Judicial Department

M21524

CF/

2004-06564
Mendel Breuer, plaintiff-respondent,
v Michael Feder, et al., appellants
(and a third-party action).
(Index No. 921/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated June 10, 2004.

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 of the Court

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Appellate Division: Second Judicial Department

M21560

J/sl

2004-07174
Charles A. D'Agostino, Jr., appellant,
v Robert S. Franklin, et al., respondents.
(Index No. 12424/02)

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, Westchester County, entered July 28, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 5, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until May 4, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M21551

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2004-07152
Mary R. Davey, respondent,
v Peter F. Davey, appellant.
(Index No. 10437/00)

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, Westchester County, dated July 6, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 12, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21522

CF/

2004-06897
Taneshia Drayton, et al., respondents,
v Ford Motor Credit Company, appellant.
(Index No. 7181/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 15, 2004.

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 of the Court

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Appellate Division: Second Judicial Department

M21558

J/sl

2004-05098
Franklin Duran, appellant,
v Jose R. Mendez, respondent.
(Index No. 8439/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated March 30, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 4, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21520

CF/

2004-08129
Francesco Fanizza, et al., respondents,
v Gloria Maynard, et al., appellants.
(Index No. 3840/03)

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 August 25, 2004.

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 of the Court

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Appellate Division: Second Judicial Department

M21545

Y/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-01280
Focus Interactive, Inc., respondent,
v Infospace, Inc., appellant.
(Index No. 11873/03)

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, Westchester County, entered January 7, 2004.

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 respondent's time to serve and file a brief is enlarged until April 8, 2005, and the respondent's brief must be served and filed on or before that date.

FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21570

R/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-00740
Anthony Formosa, respondent, v
Karen Tina Litt, appellant.

(Index No. 15171/02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to prosecute an appeal from an order of the Supreme Court, Nassau County, dated January 13, 2005, as a poor person, for the assignment of counsel, and to stay enforcement of the order.

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 proceed on the original papers is granted and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M21564

J/sl

2004-05326

Herman Frank, etc., et al., respondents,
v Nathan's Famous, Inc., et al., defendants,
National Union Fire Insurance Company,
appellant.
(Index No. 11511/93)

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, Nassau County, entered August 22, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 8, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21539

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-07882

Catherine Franznick, appellant, v
Town of Huntington, respondent.
(Index No. 03-18521)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated August 10, 2004, inter alia, on the grounds that (1) the order is not appealable as of right and leave to appeal has not been granted, and (2) that the record does not comply with CPLR 5526 and 22 NYCRR 670.10.2(b), or, in the alternative, to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to enlarge time is granted, the respondent's time to serve and file a brief is enlarged until March 14, 2005, and the respondent's brief shall be served and filed on or before that date; and it is further,

FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M21565

J/sl

2004-05501

Francisco Grullon, respondent,
v Deborah Peters-Baptiste, appellant.
(Index No. 42859/99)

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 April 26, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 16, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21354

C/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-10457
Gloria Harmonay, respondent,
v Stephen Leo Harmonay, appellant.
(Index No. 01316/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, dated December 9, 2004, in effect, to enjoin the respondent from commencing or maintaining any action or proceeding in New Jersey concerning any issues raised in the above-entitled action, and to stay all proceedings in a proceeding entitled Matter of Harmonay v Harmonay, pending in the Family Court, Westchester County, under Docket No. F-05950-04/04A, pending hearing and determination of the appeal.

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

ORDERED that on the court's own motion, the notice of appeal from a transcript of the Supreme Court, Westchester County, dated October 13, 2004, is deemed to be a premature notice of appeal from an order of the same court dated December 9, 2004 (see CPLR 5520[c]); and it is further,

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

ORDERED that the respondent is enjoined from commencing or maintaining any action or proceeding in New Jersey concerning any issues raised in the above-entitled action pending hearing and determination of the appeal; and it is further,

ORDERED that all proceedings in the proceeding entitled Matter of Harmonay v Harmonay, pending in the Family Court, Westchester County, under Docket No. F-05950-04/04A, is stayed, pending hearing and determination of the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21579

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-00809
Maureen Kolmel-Hayes, et al., respondents,
v South Shore Cruise Lines, Inc., et al.,
appellants.
(Appeal No. 1)
2005-00095
Maureen Kolmel-Hayes, et al., respondents-
appellants, v South Shore Cruise Lines, Inc.,
appellant-respondent, Nautical Cruise Lines, Inc.,
et al., respondents.
(Appeal No. 2)
(Index No. 12291/02)

DECISION & ORDER ON MOTION

Motion by Mike's Party Boat Corp., Captain Mike's Inc., and Captain Lou's Fleet, appellants in Appeal No. 1 and respondents in Appeal No. 2, to consolidate an appeal from an order of the Supreme Court, Nassau County, dated December 19, 2003 (Appellate Division Docket No. 2004-00809), with an appeal from an order of the same court dated November 15, 2004 (Appellate Division Docket No. 2005-00095).

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

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

ORDERED that on the court's own motion, the appeals will be calendared together, and will be argued or submitted on the same day.

FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21504

C/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-07253
Paula Korpalski, et al., appellants,
v Wai H. Lau, respondent.
(Index No. 13543/01)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated May 12, 2004, to strike the respondent's brief on the ground that it refers to material dehors the record, and to enlarge the time to serve and file a reply brief, if necessary.

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

ORDERED that the branch of the motion which is to strike the respondent's brief is granted to the extent that on or before February 28, 2005, the respondent shall delete or remove from the copies of its brief on file with this court all of page 7 and the words "and Defendant's reply affirmation" from page 8, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted; the appellant shall serve and file her reply brief, if any, on or before February 28, 2005.

H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M21519

CF/

2005-00248
Marcelle Martin, respondent, v
Oleg Barshay, appellant.
(Index No. 13104/03)

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 5, 2004.

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 of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21492

R/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-08611
Robert Mullayev, respondent,
v Polina Mullayev, appellant.
(Index No. 42915/99)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated August 11, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is for the assignment of counsel is denied; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal on the original papers, waiver of the filing fee, and for free transcripts are denied with leave to renew on or before March 10, 2005, upon the submission of proper papers, including a financial affidavit containing itemized assets and expenses.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M21491

R/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-08849
Robert Mullayev, respondent,
v Polina Mullayev, appellant.
(Index No. 42915/99)

DECISION & ORDER ON MOTION

Appeal by Polina Mullayev from an order of the Supreme Court, Kings County, dated June 29, 2004. By order to show cause dated December 2, 2004, 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 action for failure to comply with a scheduling order dated October 21, 2004, issued pursuant to 22 NYCRR 670.4(a)(2). Motion by the appellant 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 no papers having been filed in opposition or relation thereto, and no papers having been filed in response to the order to show cause, it is

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the stipulation of the appealing party (see CPLR 5511); and it is further,

ORDERED that the motions are denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21582

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-04470
Maurice Oparaji, appellant,
v Francis C. Duran, et al., respondents.
(Index No. 12962/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated May 3, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal, and cross motion by the respondent to strike the appendix as incomplete.

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

ORDERED that the motion is granted on the condition that on or before March 21, 2005, the appellant serve and file a supplemental appendix containing the reply affirmation of Adam Shapiro dated April 22, 2004; and it is further,

ORDERED that the cross motion is denied; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until April 20, 2005, and the respondent's brief must be served and filed on or before that date.

H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M21530

PL/sl

2004-06165
Svetlana Pechko, et al., respondents,
v Tanya Gendelman, et al., appellants,
et al., defendant.
(Index No. 33293/03)

ORDER ON APPLICATION

Applications by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated June 1, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until March 9, 2005, and the joint record or appendix on the appeal and the appellants' respective briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21525

S/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-01910
RR Chester, LLC, appellant,
v Arlington Building Corp., etc., et al.,
respondents.

(Index No. 751/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order and judgment (one paper) of the Supreme Court, Orange County, dated January 15, 2004, inter alia, to enjoin the respondents from taking any action to remove, vacate, or cancel the notices of pendency previously filed in connection with 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 branch of the motion which is to enjoin the respondents from taking any action to remove, vacate, or cancel the notices of pendency previously filed in connection with the above-entitled action, pending hearing and determination of the appeal, is granted and the respondents are enjoined from taking any action to remove, vacate, or cancel the notices of pendency previously filed in connection with the above-entitled action, pending hearing and determination of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

SANTUCCI, J.P., KRAUSMAN, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21555

J/sl

2004-08285
Richard A. Dubi, P.C., respondent,
v Bryan Wayne Kishner, appellant.
(Index No. 10212/04)

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 August 6, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 16, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21485

M/nal

2005-01249
Tracy Smith, respondent,
v Johnathan Smith, appellant.
(Index No. 5831/04)

SCHEDULING ORDER

Appeal by Johnathan Smith from an order of the Supreme Court, Richmond County, dated December 21, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 in the Supreme Court action 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,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21542

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-11197
Starrett Seafood Market, Inc., appellant,
v Starrett City, Inc., respondent.
(Index No. 27160/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated October 29, 2004, to enjoin the respondent from commencing or continuing any legal proceedings to effect termination of a lease to premises located at 1358 Pennsylvania Avenue, Brooklyn, New York, pending hearing and determination of the appeal.

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

ORDERED that the motion is granted and the respondent is enjoined from commencing or continuing any legal proceedings to effect termination of the lease to premises located at 1358 Pennsylvania Avenue, Brooklyn, New York, pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before March 17, 2005, (2) the appellant pays the respondent rent arrears in the sum of $36,000 on or before March 17, 2005, and (3) the appellant continues to pay rent to the respondent pursuant to the lease dated October 9, 1997, pending hearing and determination of the appeal; and it is further,

ORDERED that if the appellant does not comply with the foregoing conditions, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21554

S/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-00548, 2005-00550
Margaret Kestler Wilson, plaintiff-respondent,
v Bruce Wilson, defendant-respondent;
Law Firm of Jerome A. Wisselman, P.C.,
nonparty-appellant.
(Index No. 3914/04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated February 4, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the nonparty-appellant to stay all proceedings in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Suffolk County, dated August 13, 2004, and December 23, 2004, respectively.

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

ORDERED that the motion is granted and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before March 8, 2005; and it is further,

ORDERED that in the event the appeals are not perfected on or before March 8, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21521

CF/

2004-02661
Patricia Yak, respondent, v Estate of Dorothy
Rew Grant, et al., appellants.
(Index No. 18693/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 17, 2004.

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 of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21536

E/sl

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

DAVID S. RITTER

GLORIA GOLDSTEIN, JJ.

2005-00114
In the Matter of Allstate Insurance
Company, appellant, v Alegret Guillaume,
et al., respondents.

(Index No. 2400/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated November 22, 2004, to stay a certain arbitration between it and the respondent Alegret Guilaume pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21486

M/nal

2005-01275
In the Matter of Andre B. (Anonymous), appellant.
(Docket No. D-06226-03)

SCHEDULING ORDER

Appeal by Andre B. from an order of the Family Court, Nassau County, dated December 16, 2004. 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 in 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, 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,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21546

Y/sl

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2003-09685, 2004-02437
In the Matter of William H. Christian, appellant,
v Uniform Holdings, LLC, et al., respondent-
respondent, et al., respondents.
(Index No. 20048/03)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Queens County, dated October 2, 2003, and January 30, 2004, respectively.

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., LUCIANO, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21511

M/nal

2005-01122
In the Matter of Charmayne Coates, appellant,
v Gregory Lee, respondent.
(Docket Nos. V-21516-02, V-22586-02)

SCHEDULING ORDER

Appeal by Charmayne Coates from an order of the Family Court, Kings County, dated December 20, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 proceedings 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 should or should not be dismissed.

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21483

M/nal

2005-01167
In the Matter of Candace Jones Ford, appellant,
v Krystal Tindal, respondent.
(Docket No. O-37210-04)

SCHEDULING ORDER

Appeal by Candace Jones Ford from an order of the Family Court, Kings County, dated January 11, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 proceedings 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

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21580

R/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-02193
In the Matter of Edward Halperin, et al., petitioners,
v City of New Rochelle, et al., respondents.
(Index No. 4253/03)

DECISION & ORDER ON MOTION

Motion by the petitioners in a proceeding pursuant to CPLR article 78, which was transferred to this court by order of the Supreme Court, Westchester County, entered March 12, 2004, to strike certain material from the brief of the respondent Young Israel of New Rochelle on the ground that it refers to matter dehors the record and to enlarge their time to serve and file a reply brief.

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

ORDERED that the branch of the motion which is to strike certain material from the brief of the respondent Young Israel of New Rochelle Rochelle is denied without prejudice to raising the issue in the petitioners' reply brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the petitioners' time to serve and file a reply brief is granted, and the time of the petitioners to serve and file their reply brief is enlarged until February 24, 2005 and their reply brief shall be served and filed on or before that date.

FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21506

M/nal

2005-01097
In the Matter of Darlene L. (Anonymous).
Suffolk County Department of Social Services,
respondent; Ursual L. (Anonymous), el. appellants.
(Proceeding No. 1)
In the Matter of Guy L. (Anonymous).
Suffolk County Department of Social Services,
respondent; Ursual L. (Anonymous), el. appellants.
(Proceeding No. 2)
In the Matter of Jennifer L. (Anonymous).
Suffolk County Department of Social Services,
respondent; Ursual L. (Anonymous), el. appellants.
(Proceeding No. 3)
In the Matter of Krista L. (Anonymous).
Suffolk County Department of Social Services,
respondent; Ursual L. (Anonymous), el. appellants.
(Proceeding No. 4)
In the Matter of Nicholas L. (Anonymous).
Suffolk County Department of Social Services,
respondent; Ursual L. (Anonymous), el. appellants.
(Proceeding No. 5)
In the Matter of Vincent L. (Anonymous).
Suffolk County Department of Social Services,
respondent; Ursual L. (Anonymous), el. appellants.
(Proceeding No. 6)
(Docket Nos. N-14770-04, N-11771-04, N-11772-04,
N-11773-04, N-11774-04, N-11775-04, N-11776-04,
N-11777-04, N-11778-04, N-11779-04, N-11780-04,
N-11781-04)

SCHEDULING ORDER

Separate appeals by Ursual L. And Frank L. from an order of the Family Court, Suffolk County, dated January 3, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellants 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 appellants 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 proceedings to be transcribed for the appeals; 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 either of the appellants are 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 moving 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 appeals to show cause why the appeals should or should not be dismissed.

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21509

C/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-11335
In the Matter of Randolfo Maldonado, appellant,
v New York State Board of Parole, respondent.
(Index No. 3035/04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, dated October 25, 2004, as a poor person.

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

ORDERED that the branches of the motion which are for a free transcript and waiver of the filing fee are denied; and it is further,

ORDERED that the branch of the motion which is to dispense with printing 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.

H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21489

M/nal

2005-01083
In the Matter of Leslie McIver-Heyward, respondent,
v Richard Heyward, appellant.
(Docket Nos. V-3639-03, V-3804-03)

SCHEDULING ORDER

Appeal by Richard Heyward from an order of the Family Court, Rockland County, dated December 29, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 in 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, 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,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21534

S/sl

2004-05478

In the Matter of Mary P. Mitchell, respondent,
v City of New York Department of Health
and Mental Hygiene, appellant.
(Index No. 11483/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated November 24, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 11, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21490

M/nal

2005-01089
In the Matter of Judy Nieves, respondent,
v Raymond Nieves, appellant.
(Docket No. O-00034-03)

SCHEDULING ORDER

Appeal by Raymond Nieves from an order of the Supreme Court, Richmond County, dated October 20, 2004. 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 Supreme 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 Supreme Court proceedings 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 Supreme 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 Supreme Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21508

O/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2003-06350
In the Matter of Jennifer R. (Anonymous).
Suffolk County Department of Social Services,
petitioner-respondent; Gordana K. (Anonymous),
appellant; Steven R. (Anonymous), respondent.
(Proceeding No. 1)
(Docket Nos. N-2457-99, N 2458-99)
In the Matter of Steven R. (Anonymous).
Suffolk County Department of Social Services,
petitioner-respondent; Gordana K. (Anonymous),
appellant; Steven R. (Anonymous), respondent.
(Proceeding No. 2)
(Docket Nos. N-2461-99, N-2462-99)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent, joined by the Law Guardian, to dismiss an appeal from an order of the Family Court, Suffolk County, entered June 12, 2003, on the ground it has been rendered academic, or, in the alternative, to enlarge the record to include certain subsequent orders of the Family Court and to enlarge the time to serve and file a brief, and cross motion by the appellant, in effect, to stay the dispositional hearing in a proceeding entitled Matter of Jennifer R. (Anonymous), pending in the Family Court, Suffolk County, under Docket Nos. B-11328-03, B11329-03, B-11334-03, and B-11335-03, pending hearing and determination of the appeal and for a preference in the hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is to dismiss the appeal is granted to the extent that the appeal from so much of the order as extended placement is dismissed without costs or disbursements as that portion of the appeal has been rendered academic, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; and it is further,

ORDERED that the time for the petitioner-respondent and the Law Guardian to serve and file their respective briefs is enlarged until March 11, 2005, and their respective briefs must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the branch of the cross motion which is for a preference in the hearing and determination of the appeal is denied as unnecessary (see Family Court Act § 1112[a]; CPLR 5521); and it is further,

ORDERED that the cross motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21501

R/sl

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

DAVID S. RITTER

GLORIA GOLDSTEIN, JJ.

2004-11002

In the Matter of Linda Recard, appellant,
v Anthony Polite, respondent
(Docket No. F-06975/00)

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, Kings County, dated November 15, 2004, as a poor person, for leave to prosecute the appeal on the original papers, 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 branches of the motion which are for the waiver of fees, a free transcript, and the assignment of counsel are denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see 22 NYCRR 670.9[d][1]).

PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21518

S/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-03049
In the Matter of Robert Rho, appellant,
v Yisun Rho, respondent.
(Docket No. V-01219/99)

SCHEDULING ORDER

On the court's own motion, it is

ORDERED that its scheduling order dated February 7, 2005, in the above-entitled case is recalled and vacated, and the following scheduling order is substituted therefor:

Appeal by Robert Rho from an order of the Family Court, Queens County, dated March 8, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 17, 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 time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until February 28, 2005.

H. MILLER, J.P., ADAMS, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21523

CF/

2004-10943
In the Matter of Akeeya Princess S. (Anonymous), etc.
St. Christopher Ottilie, petitioner-appellant, et al.,
petitioners; Cassandra S. (Anonymous), respondent.
(Docket No. B-12769/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated November 8, 2004.

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 of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21487

M/nal

2005-01300, 2005-01301
In the Matter of Michael S. (Anonymous), appellant.
(Docket No. D-3824/04)

SCHEDULING ORDER

Appeals by Michael S. from two orders of the Family Court, Queens County, dated November 29, 2004, and January 10, 2005, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals 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 in the Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals; 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 appeals to show cause why the appeals should or should not be dismissed.

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21482

M/nal

2005-01159
In the Matter of Thomas C. Zindle, respondent,
v Dorothy Hernandez, appellant.
(Docket No. V-10491-00)

SCHEDULING ORDER

Appeal by Dorothy Hernandez from an order of the Family Court, Queens County, dated January 11, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 proceedings 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

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21526

C/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

1996-10676
The People, etc., respondent,
v Daniel Brown, appellant.
(Ind. No. 14222/95)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file supplemental papers in connection with a pending application for a writ of error coram nobis to vacate a decision and order of this court dated September 22, 2003, which determined an appeal from a judgment of the Supreme Court, Kings County, rendered November 18, 1996.

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 appellant may serve and file supplemental papers on or before March 22, 2005.

PRUDENTI, P.J., RITTER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21514

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-11001

The People, etc., respondent,
v Timothy Burks, appellant.
(Ind. No. 2039/02)

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 15, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

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

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

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

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

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

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

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

Leon Tracy, Esq.

366 N. Broadway - Suite 410

Jericho, New York 11753-2826

and it is further,

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

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

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

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 6360

Coxsackie Corr. Fac.

Box 999

West Coxsackie, N.Y. 12051

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21411

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-11213
The People, etc., plaintiff,
v Samuel Cuspert, defendant.
(Ind. No. 2026/01)

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, Queens County, rendered March 5, 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 (see CPL 460.30 [1]).

H. MILLER, J.P., CRANE, SPOLZINO, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21479

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2003-10361

The People, etc., respondent,
v Daniel Davis, appellant.
(Ind. No. 2231-01)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered October 28, 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 the motion is granted; and it is further,

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

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

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 5891

Great Meadow Corr. Fac.

Box 51

Comstock, New York 12821

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21413

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-11214
The People, etc., plaintiff,
v Marino Eslatt, defendant.
(Ind. No. 8400/97)

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 8, 1998.

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

ORDERED that the motion is denied (see CPL 460.30 [1]).

H. MILLER, J.P., CRANE, SPOLZINO, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M21293

S/mv

WILLIAM F. MASTRO, J.

2005-00163

The People, etc., plaintiff,
v Guido Mauricio Garcia, defendant.
(Ind. No. 03-00175)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Orange County, dated May 25, 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.

WILLIAM F. MASTRO

Associate Justice

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21507

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2003-08434

The People, etc., respondent,
v Kenneth Henderson, appellant.
(Ind. No. 03-00140)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered July 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 the motion is granted; and it is further,

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

Bruce Townsend, Esq.

26 Albany Avenue

Walden, New York 12586

and it is further,

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

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

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 2877

Clinton Corr. Fac.

Box 2002

Dannemora, New York 12929

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21533

S/sl

2003-09010

The People, etc., respondent,
v Ali Kettreis, appellant.
(Ind. No. 432/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 3, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 4, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M21494

ROBERT A. LIFSON, J.

2004-11259
The People, etc., plaintiff,
v Edward Koehl, defendant.
(Ind. Nos. 352/89, 189/92)

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 November 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.

ROBERT A. LIFSON

Associate Justice

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21538

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2003-05790
The People, etc., respondent,
v Nikolaos Kotsopoulos, appellant.
(Ind. No. 1057/02)

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 County Court, Nassau County, rendered June 19, 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 briefs submitted to the Clerk of this court are accepted for filing.

FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21409

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2001-10662
The People, etc., respondent,
v Lamar Means, appellant.
(Ind. No. 509/00)

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 Supreme Court, Kings County, rendered November 28, 2001.

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21280

K/nl

DANIEL F. LUCIANO, J.

2004-07560

The People, etc., respondent, v Jeffrey
Noble, a/k/a Michael Novel, appellant.

(Ind. Nos. 4052/00, 45/01)

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, Queens County, dated July 30, 2004, which has been referred to me for determination.

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

ORDERED that the application is granted; the defendant is granted leave to appeal from the order of the Supreme Court, Queens County, dated July 30, 2004, 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.

DANIEL F. LUCIANO

Associate Justice

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21407

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-11206, 2004-11207

The People, etc., plaintiff,
v Tajamaha Paupaw, defendant.
(Ind. Nos. 03-00094, 03-00367)

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 appeals from two judgments of the County Court, Rockland County, both rendered December 9, 2003, for leave to prosecute the appeals 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.

H. MILLER, J.P., CRANE, SPOLZINO, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5966

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21512

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-11236, 2005-00079

The People, etc., respondent,
v Wilber Pereira, appellant.
(Ind. Nos. 963-04, 2571-04)

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 appeals from two judgments of the County Court, Suffolk County, both rendered December 13, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

160 Cecile Avenue

Bay Shore, New York 11706

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21285

K/nl

WILLIAM F. MASTRO, J.

2003-04277
DECISION & ORDER
The People, etc., plaintiff,
v George Philips, defendant.
(Ind. Nos. 3251/97, 3825/97)

ON APPLICATION

Motion by the defendant for reargument of his application 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 April 14, 2003, which motion was denied by me in a decision and order on application dated September 18, 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.

WILLIAM F. MASTRO

Associate Justice

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21532

S/sl

2003-02354
The People, etc., respondent,
v Jermaine Smith, appellant.
(Index No. 9851/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered February 26, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 1, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21517

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-01803
The People, etc., respondent,
v Adam Tucker, appellant.
(Ind. No. 2339/03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the law firm of Goodkind, Labaton & Sucharow LLP, 100 Park Avenue, New York, New York 10017-5563, having volunteered to serve, without compensation, is assigned jointly with, and under the supervision of, Lynn W. L. Fahey, Esq., Appellate Advocates, 2 Rector Street - 10th Floor, New York, New York 10006, to prosecute said appeal.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M21510

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-11008

The People, etc., respondent,
v Johnitta Williams, appellant.
(Ind. No. 04-00182)

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 30, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

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

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

917 Sheridan Avenue

Bronx, New York 10451