Appellate Division: Second Judicial Department
M21611
E/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
FRED T. SANTUCCI
REINALDO E. RIVERA, JJ.
|
2004-01716 AFA Protective Systems, Inc., et al., appellants, v City of New York, respondent. (Index No. 43521/94)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated January 8, 2004, which was determined by decision and order of this court dated December 27, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SCHMIDT, J.P., COZIER, SANTUCCI and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21590
S/sl
|
2004-07696
Beneficial Mortgage Corporation, respondent, v Carl Lawrence, et al., appellants. (Index No. 15880/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated August 16, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 16, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21680
PL/sl
|
2004-06762 Leticia C. Toque Capili, respondent, v Noemi Iris Ilagan, appellant, et al., defendant. (Index No. 2668/97)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated June 14, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 1, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21573
R/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-09741 Ann Cassuto, respondent, v City of New York, et al., appellants.
(Index No. 51025/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent for a preference in the calendaring of an appeal from a judgment of the Supreme Court, Kings County, entered October 22, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appeal will be calendared when it is fully perfected.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21653
E/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-01944, 2004-10848 Chase Manhattan Mortgage Corporation, plaintiff, v Rachamin Anatian, et al., defendants, Yona Dorit Anatian, et al., defendants-respondents; Bedford Park Development Corp., intervenor respondent-appellant; Interboro Equities, LLC, et al., nonparty appellants- respondents. Chase Manhattan Mortgage Corporation, plaintiff, v Rachamin Anatian, et al., defendants, Yona Dorit Anatian, et al., respondents; David Krinsky, et al., nonparty-appellants. (Index No. 29880/98)
| DECISION & ORDER ON MOTION |
Motion by Evelyn Wasserman, a/k/a E. Judith Tobias, and Anthony Comito on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 5, 2003, and an appeal from an order of the same court dated November 8, 2004, for leave to intervene as appellants on the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the courts own motion, the movants are granted leave to file an amicus curiae brief; and it is further,
ORDERED that the amicus curiae brief must be served on the parties, and nine copies filed in this court on or before March 18, 2005; and it is further,
ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,
ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief within 10 days after service upon them of the amicus curiae brief, and it is further,
ORDERED that the motion is denied.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21574
R/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-05054 Susan Coyle, respondent, v Timothy Coyle, appellant.
(Index No. 29072/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated May 25, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on 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.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21535
R/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
DAVID S. RITTER
GLORIA GOLDSTEIN, JJ.
|
2004-10218
Ilik Culloty, appellant, v John Culloty, respondent. (Index No. 14080/98)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, dated August 31, 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 motion is denied.
PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21622
PL/sl
|
2004-03361 Anthony Damiani, et al., plaintiffs-respondents, v Federated Department Stores, Inc., et al., defendants third-third-party plaintiffs-respondents, Dynamic Resources, Inc., et al., defendants- respondents-appellants, Hutton Electrical Contracting Corp., defendant-respondent; Gilman Construction Company, third-third-party defendant-appellant- respondent (and other third-party actions). (Index No. 13553/97)
| ORDER ON APPLICATION |
Application by the plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross-appeal from an order of the Supreme Court, Richmond County, dated March 16, 2004.
ORDERED that the application is granted and the plaintiffs-respondents' time to serve and file a brief is enlarged until March 14, 2005, and the plaintiffs-respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21671
R/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-10203 Severina Febbraro, plaintiff-respondent, v City of New York, defendant-respondent, Better Choice Development, LLC, defendant third-party plaintiff-appellant; Pullini Water Main & Sewer Contractors, Inc., third-party defendant-appellant.
(Index No. 5538/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant Pullini Water Main & Sewer Contractors, Inc., on appeals from an order of the Supreme Court, Kings County, dated August 11, 2004, to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeal, and for a preference in the calendaring of the appeal.
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 a stay is granted and all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21616
J/sl
|
2004-07988 Stephanie Gallagher, et al., respondents, v Rafael V. Roman, appellant, et al., defendant. (Index No. 14354/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered August 4, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 6, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21642
E/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-05593 Jozefka Kotapka, et al., respondents, v Hi-Rise Laundry Equipment Corp., appellant, et al., defendant.
(Index No. 11314/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated June 7, 2004, to stay the trial 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 granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21603
J/sl
|
2004-07452
Michele Okin, respondent, v Roy Sears, Jr., appellant. (Index No. 3797/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Orange County, dated August 11, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 13, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21619
M/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-08289 Theresa Katherine Peluso, respondent, v Edward Daniel Peluso, appellant. (Index No. 28791/00)
| DECISION & ORDER ON MOTION |
Appeal by Edward Daniel Peluso from an order of the Supreme Court, Queens County, dated August 11, 2004. By decision and order on motion dated December 22, 2004, the appellant was given until February 1, 2005, to perfect the above-entitled appeal. The appeal has not been perfected.
Now, on the court's own motion it is
ORDERED that the appeal is dismissed, without costs or disbursements.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21669
Y/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2003-01200 Gil V. Perez, appellant, v Staten Island Savings Bank, a/k/a Staten Island Bank and Trust, respondent. (Index No. 13064/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Richmond County, dated January 27, 2003, which was determined by decision and order of this court dated June 7, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., RITTER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M
|
2004-06958
Dorrett Reed, appellant, v Bracca Fence, Inc., respondent. (Index No. 31716/02)
| 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, Kings County, dated July 22, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 11, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21651
Y/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-04626, 2004-07225, 2004-08439 Michelle Scartozzi, appellant, v Gino Scartozzi, defendant-respondent; Alexander Potruch, intervenor-respondent. (Index No. 30107/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of stated portions of a judgment of the Supreme Court, Nassau County, dated April 2, 2004, pending hearing and determination of appeals from the judgment and from two orders of the same court dated March 5, 2004, and March 11, 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 to the extent that, pending hearing and determination of the appeals, the respondent Gino Scartozzi is stayed from disposing, assigning, or transferring, except to the appellant, any property located in the parties' marital residence located in New Hyde Park, New York, which the appellant has claimed to be her separate property, and which is the subject of these appeals, and the motion is otherwise denied.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21595
J/sl
|
2004-05453 Trimmell Seymour, etc., et al., respondents, v New York City Health and Hospitals Corporation, etc., appellant. (Index No. 22000/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated May 21, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until April 14, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21672
R/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-11000 Raymond Shine, respondent, v Julie Shine, appellant. (Action No. 1) (Index No. 3112/04) Michael Shine, Jr., respondent, v Raymond Shine, defendant, Julie Shine, appellant. (Action No. 2) (Index No. 5491/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Rockland County, dated November 8, 2004, for leave to prosecute the appeal as a poor person, to waive the filing fee, and to assign Ronald G. McCormack, Esq., to represent her on 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 assign Ronald G. McCormack, Esq., to represent the appellant on the appeal is denied as unnecessary; and it is further,
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted; 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 further,
ORDERED that the motion is otherwise denied.
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21673
L/
ANITA R. FLORIO
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2003-10880 Susan Stan, et al., respondents, v Myron S. Raisman, appellant. (Index No. 28728/98)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 14, 2003.
Upon the stipulation of the attorneys for the respective parties, dated February 2, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
FLORIO, J.P., SANTUCCI, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21661
PL/sl
|
2004-10403 Tristar Petroleum, Inc., et al., appellants, v RAD Energy Corp., appellant.
(Index No. 14475/99)
| 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, Westchester County, dated June 29, 2001.
ORDERED that the application is denied as premature (see 22 NYCRR 670.8[e][1]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21591
J/sl
|
2004-07357 Emmanuel Vargas, appellant, v Conway Stores, Inc., et al., defendants, Temco Service Industries, Inc., respondent. (Index No. 5911/01)
| 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, Queens County, dated June 28, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 2, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21608
E/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-07929 Abuwi Waheed, appellant, v City of New York, et al., respondents. (Index No. 23167/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, entered August 10, 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 motion is denied.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21647
E/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-05809 Edward J. Wilson, et al., appellants, v Jaime Alberto Rojas, et al., respondents. (Index No. 31040/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents Jaime Alberto Rojas and Jose Narcisco Orellana to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated April 7, 2004, on the ground that no appeal lies as of right from an order which does not decide a motion made on notice, and cross motion by the appellant, in effect, for leave to appeal to this court from the order dated April 7, 2004.
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 motion is granted and the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order which does not decide a motion made on notice (see CPLR 5701[a][2]); and it is further,
ORDERED that the cross motion is denied.
H. MILLER, J.P., KRAUSMAN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21638
Y/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-00573 In the Matter of Atkins Brothers, LLC, et al., petitioners, v Sheila A. Conroy, etc., et al., respondents. (Index No. 06613/04)
| DECISION & ORDER ON MOTION |
Motion by Sheila A. Conroy and Desiree Herb, for leave to appeal to this court from an order of the Supreme Court, Orange County, dated January 3, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted.
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21644
M/nal
|
2004-01829, 2004-01920 In the Matter of Justin Henry B. (Anonymous). St. Vincent's Services, respondent; Tawana C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Fantaisha Niasha Patricia C. (Anonymous). St. Vincent's Services, respondent; Tawana C. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-13439/00, B-13440/00)
| SCHEDULING ORDER |
Appeals by Tawana C. from two orders of the Family Court, Kings County, both dated January 16, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 13, 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 appeals is enlarged until March 7, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21583
E/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
DAVID S. RITTER
GLORIA GOLDSTEIN, JJ.
|
2004-10591, 2004-10592, 2004-10593, 2004-10595
In the Matter of Michael C. (Anonymous). mercy/First, petitioner-respondent; Linda D. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) (Docket No. B-17647/03) In the Matter of Claudia Michelle D. (Anonymous), a/k/a Claudia D. (Anonymous). mercy/First, petitioner-respondent; Linda D. (Anonymous), appellant et al., respondent. (Proceeding No. 2) (Docket No. B-17648/03) In the Matter of Nadine Rachel D. (Anonymous), a/k/a Nadine D. (Anonymous). mercy/First, petitioner-respondent; Linda D. (Anonymous), appellant et al., respondent. (Proceeding No. 3) (Docket No. B-17649/03) In the Matter of Angelo Thomas C. (Anonymous), a/k/a Angelo C. (Anonymous). mercy/First, petitioner-respondent; Linda D. (Anonymous), appellant et al., respondent. (Proceeding No. 4) (Docket No. B-17650/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the attorney assigned to represent the appellant by the Family Court, Kings County, in the above-entitled proceedings, to be relieved, for leave for the appellant to prosecute appeals from four orders of the Family Court, Kings County, all dated September 22, 2004, as a poor person, for the assignment of counsel, and to stay, inter alia, adoption of the subject children pending hearing and determination of the appeals, and separate motion by the appellant pro se for leave to prosecute the appeals as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motions and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branches of the motion of the attorney assigned to represent the appellant by the Family Court, Kings County, which are to be relieved, for leave for the appellant to prosecute the appeals as a poor person, and for the assignment of counsel, and the motion of the appellant pro se are granted; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:
Peter H. Dailey, Esq.
420 Riverside Drive, ZE
New York, New York 10025
(212) 678-6238
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken; and it is further,
ORDERED that the motion of the attorney assigned to represent the appellant by the Family Court, Kings County, is otherwise denied.
PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21577
E/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
DAVID S. RITTER
GLORIA GOLDSTEIN, JJ.
|
2004-10903 In the Matter of Chubb Group of Insurance Carriers, petitioner-appellant, v Gregory Depalma, et al., respondents, Anastasia Kitsios, et al., respondents-appellants.
(Index No. 19862/03) In the Matter of Allstate Insurance Company, petitioner-respondent, v Gregory Depalma, et al., respondents-respondents, Chubb Group of Insurance Carriers, et al., appellants.
(Index No. 19921/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant Chubb Group of Insurance Carriers on appeals from an order of the Supreme Court, Westchester County, entered November 8, 2004, to stay a certain uninsured motorist arbitration 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.
PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21347
M/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2003-10994, 2003-10995 In the Matter of Derick Shea D. (Anonymous). Jewish Child Care Association of New York, et al., respondents; D'Hana E'Latisha D. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-22579/00) In the Matter of Ashlen Shadoe D. (Anonymous). Jewish Child Care Association of New York, et al., respondents; D'Hana E'Latisha D. (Anonymous), appellant. (Proceeding No. 2)
(Docket No. B-22580/00)
| SCHEDULING ORDER |
Appeals by D'Hana E'Latisha D. from two orders of the Family Court, Kings County, both dated November 12, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 9, 2004. The respondent's brief was served and filed 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 law guardian's time to serve and file a brief on the appeal is enlarged until March 17, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21662
M/nal
|
2004-06253 In the Matter of Rico D. (Anonymous). Commissioner of Social Services, respondent; Debra C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Saka P.-L. (Anonymous). Commissioner of Social Services, respondent; Debra C. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Diro F. (Anonymous). Commissioner of Social Services, respondent; Debra C. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Jovan P.-L. (Anonymous). Commissioner of Social Services, respondent; Debra C. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. NA-35101-03, NA-35102-03, NA-35103-03, NA-35104-03)
| SCHEDULING ORDER |
Appeal by Debra C. from an order of the Family Court, Kings County, dated July 12, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 7, 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 law guardian's time to serve and file a brief on the appeal is enlarged until March 3, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21640
Y/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2003-02538 In the Matter of Theresa DeSanctis, respondent, v Vincent Macaluso, appellant. (Docket No. P-631-87)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Family Court, Richmond County, dated February 28, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until March 23, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21649
M/nal
|
2004-08763
In the Matter of Martha Elizalde, appellant, v Andres De La Torre, respondent. (Docket No. V-08698/01)
| ORDER TO SHOW CAUSE |
Appeal by Martha Elizalde from an order of the Family Court, Queens County, dated September 2, 2004. By decision and order on motion of this court dated January 4, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before January 25, 2005. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 7, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21643
M/nal
|
2004-08239, 2004-08240, 2004-08241 2004-08242, 2004-08243 In the Matter of Miosotis Feliz, respondent, v Julio Cesar Rojas, appellant. (Docket Nos. F-3536-02, P-2039-02)
| SCHEDULING ORDER |
Appeals by Julio Cesar Rojas from five orders of the Family Court, Westchester County, two dated October 3, 2003, and three dated January 14, 2004, July 21, 2004, and July 22, 2004, respectively. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until March 17, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21652
M/nal
|
2004-00433 In the Matter of Jerrol H. (Anonymous), appellant. (Docket No. D-12770/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Queens County, dated December 18, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until March 4, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21629
M/nal
|
2004-11330, 2004-11331, 2004-11332, 2004-11334
In the Matter of Q. L. H. (Anonymous). Administration for Children's Services, respondent; C.-M. W. (Anonymous), appellant. (Proceeding No. 1)
In the Matter of Y.-L. R. (Anonymous). Administration for Children's Services, respondent; C.-M. W. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-18613-02, N-18614-02)
| ORDER TO SHOW CAUSE |
Appeals by C.-M. W. from four orders of the Family Court, Kings County, one dated August 20, 2004, and three dated October 27, 2004, respectively. By scheduling order dated January 10, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there were such minutes, an affidavit or affirmation that the transcripts were received, and indicating the date received; or
(3) if the transcripts were not received, an affidavit or affirmation stating that they were ordered and paid for, the date thereof and the date by which the transcripts were expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeals.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the scheduling order dated January 10, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 7, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21632
M/nal
|
2003-02180, 2003-02799, 2003-07972 In the Matter of Jehuda Ish-Shalom, appellant, v Veronica Wittmann, respondent. (Docket Nos. V-695/97, V-696/97)
| SCHEDULING ORDER |
Appeals by Jehuda Ish-Shalom from two orders of the Family Court, Westchester County, both entered February 6, 2003, and an order of the same court entered July 25, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 24, 2004. The respondent's brief was served and filed on December 28, 2004. The brief of the law guardian was rejected on February 1, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to serve and file a reply brief on the appeal is enlarged until March 17, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21666
M/nal
|
2004-08923
In the Matter of Rayquan Anthony J. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; Roberta J. (Anonymous), appellant. In the Matter of "Male" J. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; Roberta J. (Anonymous), appellant. (Docket Nos. B-10925/03, B-10926/03)
| ORDER TO SHOW CAUSE |
Appeal by Roberta J. from an order of the Family Court, Kings County, dated October 1, 2004. By decision and order on motion of this court dated December 30, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before February 2, 2005. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 7, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21618
M/nal
|
2004-05724, 2004-05726 In the Matter of Sylvia J. (Anonymous). Administration for Children's Services, petitioner- respondent; Poorandeo G. (Anonymous), appellant; et al., respondent. (Proceeding No. 1) In the Matter of Kevin G. (Anonymous). Administration for Children's Services, petitioner- respondent; Poorandeo G. (Anonymous), appellant; et al., respondent. (Proceeding No. 2) In the Matter of Salina G. (Anonymous). Administration for Children's Services, petitioner- respondent; Poorandeo G. (Anonymous), appellant; et al., respondent. (Proceeding No. 3) In the Matter of Kelsey G. (Anonymous). Administration for Children's Services, petitioner- respondent; Poorandeo G. (Anonymous), appellant; et al., respondent. (Proceeding No. 4) In the Matter of Kelly G. (Anonymous). Administration for Children's Services, petitioner- respondent; Poorandeo G. (Anonymous), appellant; et al., respondent. (Proceeding No. 5) (Docket Nos. N-13599-00, N-13600-00, N-13601-00, N-13602-00, N-13603-00)
| SCHEDULING ORDER |
Appeals by Poorandeo G. from two orders of the Family Court, Queens County, dated April 3, 2004, and June 2, 2004, respectively. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until March 11, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21631
M/nal
|
2004-10644 In the Matter of Justine Sophia Lachmann, respondent, v Thierry H. LeJemtel, appellant. (Docket No. F-12022/03)
| SCHEDULING ORDER |
Appeal by Thierry H. Lejemtel from an order of the Family Court, Nassau County, dated October 18, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 18, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until April 7, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21635
M/nal
|
2004-05382 In the Matter of Maegan Mc. (Anonymous). Nassau County Department of Social Services, respondent; Marguerite Mc. (Anonymous), et al., appellants. (Docket No. N-09067-03)
| SCHEDULING ORDER |
Appeal by Marguerite Mc. and Michael Mc. from an order of the Family Court, Nassau County, dated May 11, 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 appellants' time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellants' brief on the appeal is enlarged until March 2, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21664
M/nal
|
2004-02595, 2004-02618 In the Matter of John N. (Anonymous), Jr. Administration for Children's Services, respondent; John N. (Anonymous), Sr., et al., appellants. In the Matter of Rahjeen N. (Anonymous). Administration for Children's Services, respondent; John N. (Anonymous), Sr., et al., appellants. In the Matter of Angel N. (Anonymous). Administration for Children's Services, respondent; John N. (Anonymous), Sr., et al., appellants. (Docket Nos. N-25040/02, N-25041/02, N-25042/02)
| SCHEDULING ORDER |
Appeals by John N. and Monique D. from two orders of the Family Court, Kings County, both dated March 5, 2004. The appellants' respective briefs were filed in the office of the Clerk of this court on December 15, 2004. The respondent's brief was served and filed on February 3, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's law guardian's time to serve and file a brief on the appeals is enlarged until February 28, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21678
S/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-11341 In the Matter of Edmond Orok-Edem, petitioner, v Family Court, Richmond County, respondent.
| DECISION & ORDER ON MOTION |
Motion by the petitioner pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.
Upon the papers filed in support of the motion and the no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that in the event the filing fee has not been paid on or before March 17, 2005, the proceeding will be dismissed.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21599
E/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-06254 In the Matter of Caleb P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dylan P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Misty P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Molly P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Sean P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Tyler P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-888/04, N-889/04, N-890/04, N-891/04, N-892/04, N-893/04)
| DECISION & ORDER ON MOTION |
Appeal by Tabitha P. from an order of the Family Court, Orange County, dated June 4, 2004. By order to show cause dated December 8, 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 proceeding for failure to comply with a scheduling order dated October 26, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
On the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated October 26, 2004 (see 22 NYCRR 670.4[a][5]).
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21677
S/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-01090
In the Matter of Peter Psyllos, respondent, v Gina Psyllos, appellant. (Docket No. V-16745-04, V-16746-04)
| ORDER TO SHOW CAUSE |
Appeal by Gina Pysllos from an order of the Family Court, Suffolk County, dated January 10, 2005.
Now, on the court's own motion, it is
ORDERED that the parties, or their attorneys, show cause before this court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the appellant has absconded and is no longer available to obey the mandate of this court (see Matter of Gerald G.G., 46 NY2d 1036), by filing affidavits or affirmations on that issue with the Clerk of this court, on or before March 12, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties or their attorneys by regular mail.
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21633
M/nal
|
2004-10295 In the Matter of Stephanie R. (Anonymous). Suffolk County Department of Social Services, respondent; Orlando G. (Anonymous), a/k/a Orlando R. (Anonymous), appellant. (Proceeding No. 1 ) In the Matter of Samantha R. (Anonymous). Suffolk County Department of Social Services, respondent; Orlando G. (Anonymous), a/k/a Orlando R. (Anonymous), appellant. (Proceeding No. 2 ) (Docket Nos. N-01891-04, N-01892-04)
| SCHEDULING ORDER |
Appeal by Orlando G., a/k/a Orlando R. from an order of the Family Court, Suffolk County, dated October 4, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until March 7, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21620
R/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-04757 In the Matter of Timothy Shockhome, respondent, v Yevgenia Shockhome, appellant. (Proceeding No. 1) (Docket Nos. V-05156-02, V-5157-02, V-05620-02, V-05621-02) In the Matter of Yevgenia Shockhome, etc., appellant, v Timothy Shockhome, respondent. (Proceeding No. 2) (Docket No. O-05362-02)
|
Motion by the respondent to dismiss an appeal from an order of the Family Court, Dutchess County, dated May 10, 2004, on the ground, inter alia, that the appellant has not obtained all the transcripts of the proceedings. Motion by Justice for Children for leave to file an amicus curiae brief on the appeal, and separate motions by Alene Ross Levy and Elizabeth E. Muncaster, attorneys in good standing in the State of Texas, to be admitted pro hac vice to represent the amicus curiae on the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the matter is referred to the Family Court, Dutchess County, for a reconstruction hearing with respect to the proceedings conducted in the above-entitled matter in the afternoon of June 12, 2003, and on June 13, 2003, and it is further,
ORDERED that the motion by the respondent to dismiss the appeal is denied; and it is further,
ORDERED that the motion by Justice for Children for leave to file an amicus curiae brief on the appeal is denied; and it is further,
ORDERED that the motions by Alene Ross Levy and Elizabeth E. Muncaster to be admitted pro hac vice to represent the amicus curiae on the appeal are denied as academic.
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21549
R/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-10942 In the Matter of William Smith, appellant, v Glenn S. Goord, etc., et al., respondents.
(Index No. 4073/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated November 9, 2004, as a poor person, to waive the filing fee, for leave to proceed on the original papers, 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 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 motion is otherwise denied.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21648
F/
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2003-10469
The People, etc., respondent, v Anthony Allocco, appellant. (Ind. No. 02-01091)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered November 6, 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 the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Janet Gandolfo, Esq.
174 Webber Avenue
Sleepy Hollow, New York 10591
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
H. MILLER, J.P., MASTRO, RIVERA, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 6036
Clinton Corr. Fac.
Box 2002
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M20570
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-04534 The People, etc., respondent, v Darnell Braxton, appellant. (Ind. No. 8695/02)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered July 14, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on October 26, 2004, and December 9, 2004, respectively, and the following named attorney was assigned as counsel to prosecute the appeal:
The Legal Aid Society
199 Water Street - 5th Floor
New York, New York 10038
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto; it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Sally Wasserman, Esq.
352 Seventh Avenue - 11th Floor
New York, New York 10001
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy if the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.), and written directions.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 R 3995
Gouverneur Corr. Fac.
Box 480
Gouverneur, New York 13642
Appellate Division: Second Judicial Department
M21609
F/
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-07296
The People, etc., respondent, v Marshall Broughton, appellant. (Ind. No. 03-00430)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered August 3, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Neal D. Futerfas, Esq.
50 Main Street - Suite 1000
Westchester Financial Center
White Plains, New York 10606
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.
COZIER, J.P., S. MILLER, SPOLZINO, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 4432
Clinton Corr. Fac.
Box 2002
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M21598
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2003-04296 The People, etc., respondent, v Edward Brown, appellant. (Ind. No. 326/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Queens County, rendered April 21, 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.
SANTUCCI, J.P., KRAUSMAN, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20572
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2003-04615 The People, etc., respondent, v Mavis Brown, appellant. (Ind. No. 2737/01)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered May 7, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on August 10, 2004, and October 26, 2004, respectively, and the following named attorney was assigned as counsel to prosecute the appeal:
The Legal Aid Society
199 Water Street - 5th Floor
New York, New York 10038
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto; it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
William Ostar, Esq.
c/o Rosen & Perlmutte
350 Broadway - Suite 412
New York, New York 10013
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy if the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.), and written directions.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 G 0482
Bedford Hills Corr. Fac.
247 Harris Road
Bedford Hills, New York 10507
Appellate Division: Second Judicial Department
M20573
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-03500 The People, etc., respondent, v Billy Cooper, appellant. (Ind. No. 1282/01)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered March 4, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on October 26, 2004, and December 9, 2004, respectively, and the following named attorney was assigned as counsel to prosecute the appeal:
The Legal Aid Society
199 Water Street - 5th Floor
New York, New York 10038
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
David Zucker, Esq.
125-10 Queens Blvd. - Suite 6
Kew Gardens, New York 11415
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy if the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.), and written directions.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 1420
Upstate Corr. Fac.
Box 2001
Malone, New York 12953
Appellate Division: Second Judicial Department
M21688
S/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-05381 The People, etc., respondent, v Yvette Dowling, appellant. (Ind. No. 1841/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Nassau County, rendered June 4, 2004, to continue the stay of execution of said judgment pending hearing and determination of the appeal to this court.
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 stay of execution of the judgment granted by decision and order on motion of this court dated July 21, 2004, as extended by decision and order on motion dated November 16, 2004, is continued pending hearing and determination of the appeal, on the same bail conditions set forth in this court's decision and order on motion dated July 21, 2004, and on the further condition that the appeal is perfected on or before March 21, 2005; and it is further,
ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before March 21, 2005; and it is further,
ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court for execution of sentence.
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21568
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-00170 The People, etc., plaintiff, v Joel Georges, defendant. (Ind. No. 5883/02)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered February 10, 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 (see CPL 460.30[1]).
FLORIO, J.P., KRAUSMAN, RIVERA, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21654
F/
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-00215 The People, etc., respondent, v Earl Gittens, appellant. (Ind. No. 1889/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant 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 September 15, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Queens County, rendered September 15, 2004.
H. MILLER, J.P., MASTRO, RIVERA, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21553
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-01464 The People, etc., respondent, v Tito Greene, appellant. (Ind. No. 877/02)
| DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel of Assignment |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered February 9, 2004, to strike the brief filed by assigned counsel, and for assignment of Steven Bernhard or other counsel as new counsel, or for leave to serve and file a supplemental pro se brief. The appellant's motion to dispense with printing and for the assignment of counsel was granted on April 12, 2004, and September 27, 2004, and the following named attorney was assigned to prosecute the appeal:
Martin Goldberg, Esq.
P.O. Box 326
Franklin Square, New York 11010
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branches of the motion which are to relieve assigned counsel, to strike the brief filed by assigned counsel, and for the assignment of new counsel are granted; the brief filed by assigned counsel is stricken, and assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned to prosecute the appeal:
Richard Kerno, Esq.
1527 Franklin Avenue
Mineola, New York 11501
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 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 the motion is otherwise denied.
FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21571
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-00167, 2005-00168, 2005-00169
The People, etc., plaintiff, v Odhel Hernandez, defendant. (Ind. Nos. 04-00163, 04-00272, 04-00273)
| 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 three judgments of the County Court, Rockland County, all rendered November 3, 2004, 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.
FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 5967
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M21531
R/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
DAVID S. RITTER
GLORIA GOLDSTEIN, JJ.
|
2002-00537 The People, etc., respondent, DECISION & ORDER v Tony Hudgins, appellant. (Ind. No. 1932/01)
| ON MOTION |
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 County Court, Suffolk County, rendered December 18, 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 supplemental pro se brief which was submitted to the Clerk of this court is accepted for filing.
PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21623
R/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2003-05038 The People, etc., respondent, v Sharron Ivory, appellant.
(Ind. No. 8181/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered May 22, 2003.
Upon the papers filed in support of the motion and upon the consent of the parties, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until March 22, 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
Appellate Division: Second Judicial Department
M21681
E/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-04728 The People, etc., respondent, v Frank LaPetina, appellant. (Ind. No. 540/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered June 29, 2004, for leave to reargue that branch of his motion which was to continue the provisions of the decision and order on motion of this court dated June 3, 2004, issued pursuant to CPL 530.45, as extended by decision and order on motion of this court dated September 23, 2004, pending hearing and determination of the appeal, which was determined by decision and order on motion of this court dated January 28, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or response thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21541
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2000-01497 The People, etc., respondent, v Jeffus Leftenant, appellant. (Ind. No. 262-98)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered December 14, 1999, 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.
FLORIO, J.P., KRAUSMAN, RIVERA, and FISHER,, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
00 A 0476
Shawangunk Corr. Fac.
Box 700
Wallkill, New York 12589
Appellate Division: Second Judicial Department
M21543
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-00211 The People, etc., plaintiff, v Eson McIntosh, defendant. (Ind. No. 4/03)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Richmond County, rendered April 8, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, RIVERA, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21646
F/
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-08993 The People, etc., respondent, v Dickson Nyesuah, appellant. (Ind. No. 232/03)
| 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, Richmond County, rendered October 4, 2004, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,
ORDERED that the motion is otherwise granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); retained counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the Trial Court is directed to reproduce a copy thereof for retained counsel; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged.
H. MILLER, J.P., MASTRO, RIVERA, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
Michael C. Marcus, Esq.
452 West Beech Street
Long Beach, New York 11561
Appellate Division: Second Judicial Department
M21569
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-00198 The People, etc., respondent, v James Perez, appellant. (Ind. No. 4853/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant 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 February 3, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Kings County, rendered February 3, 2004.
FLORIO, J.P., KRAUSMAN, RIVERA, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21645
PL/sl
|
2003-08117, 2004-08050 The People, etc., respondent, v Gaetan Remy, appellant. (Ind. No. 3660/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from a judgment of the Supreme Court, Queens County, rendered September 8, 2003, and an order of the same court dated August 26, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 28, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21655
F/
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2003-09261 The People, etc., respondent, v Willie Sumpter, appellant. (Ind. No. 2818/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered October 2, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall adv ise the appellant of the date by which the minutes are to be returned and the brief filed.
H. MILLER, J.P., MASTRO, RIVERA, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 R 5377
Gouverneur Corr. Fac.
Box 370
Gouverneur, New York 13642
Appellate Division: Second Judicial Department
M21650
F/
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-00634
The People, etc., respondent, v Darshaun Thomas, appellant. (Ind. No. 2481-03)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the appellant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered April 7, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants's moving papers are deemed to constitute a timely notice of appeal; 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 respondents' 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 in 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 or in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
H. MILLER, J.P., MASTRO, RIVERA, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 2126
Five Points Corr. Fac.
Caller Box 119
Romulus, New York 14541
Appellate Division: Second Judicial Department
M21658
F/
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-07878
The People, etc., respondent, v Dwayne Williams, appellant. (Ind. No. 04-00154)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered August 31, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Michael G. Paul, Esq.
121 High Street
Metuchen, New Jersey 08840
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
H. MILLER, J.P., MASTRO, RIVERA, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 4794
Clinton Corr. Fac.
Box 2002
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M21584
F/
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
1999-05990 The People, etc., respondent, v Teiquawn Williams, appellant. (Ind. No. 3149/98)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered June 15, 1999.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
FLORIO, J.P., ADAMS, S. MILLER, and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court