APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7939
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-00380 Santo Baisi, appellant-respondent, v CIT Group/Consumer Finance, Inc., respondent- appellant. (Index No. 01871/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated December 18, 2002.
Upon the stipulation of the attorneys for the respective parties, dated December 30, 2003, it is
ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7940
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-10560 Santo Baisi, respondent, v CIT Group/Consumer Finance, Inc., appellant.
(Index No. 2871/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 17, 2003.
Upon the stipulation of the attorneys for the respective parties, dated December 30, 2003, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7994
CF/
|
2003-07468 Muharem Becovic, et al., appellants, v Scorcia & Diana Associates, Inc., et al., respondents. (and a third-party action). (Index No. 31234/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant A & L Construction Corporation to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 9, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal by A & L Construction Corporation is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7980
Y/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-10977 Pamela M Bickford, etc., appellant, v St. Francis Hospital, et al., respondents. (Index No. 3993/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent St. Francis Hospital to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated November 20, 2003, on the ground that the appellant is attempting to raise issues on the appeal from the order and judgment relating to an order of the same court dated June 25, 2002, which are not brought up for review on the appeal from the order and judgment dated November 20, 2003 (see CPLR 5501[a]).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, without prejudice to raising the issue in the movant's brief.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7933
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-04122 Brooklyn Floor Maintenance Company, respondent, v Providence Mutual Insurance Company, appellant.
(Index No. 19236/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated April 16, 2003.
Upon the stipulation of the attorneys for the respective parties, dated January 8, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8007
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
THOMAS A. ADAMS
WILLIAM F. MASTRO, JJ.
|
2003-03656 Jonathan Charnis, appellant, v Giselle R. Shohet, respondent. (Index No. 121/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Appellate Term of the Supreme Court for the Second and Eleventh Judicial Districts, dated October 31, 2002, which was determined by decision and order of this court dated December 22, 2003, 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.
ALTMAN, J.P., S. MILLER, ADAMS and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7977
Y/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-06410 Roberto G. Cicillini, appellant, v City of New York, et al., respondents (and a third-party action). (Index No. 2681/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered June 12, 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 is enlarged until April 5, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7949
PL/sl
|
2003-07158 Sonny Clervoix, appellant, v Bruce A. Edwards, respondent. (Index No. 18392/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated June 30, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 12, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7961
PL/sl
|
2003-07700 Christo Constantinou, appellant, v Pal Surinder, et al., respondents. (Index No. 2739/01)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated May 29, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 17, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7995
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
1997-04897 John T. Cook, appellant, v Jerrare Stepanian, respondent. (Index No. 22511/96)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from an order of the Supreme Court, Suffolk County, dated April 15, 1997. By order to show cause dated April 18, 2002, counsel for the parties were directed to show cause why an order should not be entered dismissing the appeal pursuant to CPLR 1021 for not timely substituting a representative of the estate of John T. Cook for the appellant on the appeal by filing an affirmation or affidavit on that issue in the office of the Clerk of this court.
On the court's own motion and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7968
Y/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
THOMAS A. ADAMS, JJ.
|
2003-11400 Ray Cortez, respondent, v Country-Wide Insurance Company, appellant. (Index No. 40851/91)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated October 29, 2002, on the ground that the appeal was not timely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied (see Moses v Wright, 135 AD2d 1147).
RITTER, J.P., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7932
L/
SONDRA MILLER, J.P.
ROBERT W. SCHMIDT
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2002-04986 Salvatore Croce, respondent v Santo Fortino, et al., appellants. (Index No. 36023/98)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 11, 2001.
Upon the stipulation of the attorneys for the respective parties, dated October 24, 2003, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
S. MILLER, J.P., SCHMIDT, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7988
S/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-04778 Elite Promotional Marketing, Inc., et al., plaintiffs-respondents, v Jan Stumacher, et al., defendants-respondents, Rhina International Direct, Inc., appellant. (Action No. 1) (Index No. 99-1474) Rhina International Direct, Inc., appellant, v Howard Horowitz, et al., respondents. (Action No. 2) (Index No. 99-7428)
| DECISION & ORDER ON MOTION |
Motion by counsel for the appellant, Rhina International Direct, Inc., to admit pro hac vice Patrick C. McElhinny, an attorney in good standing in the Commonwealth of Pennsylvania, to represent it on an appeal from a counterjudgment of the Supreme Court, Nassau County, dated April 1, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and Patrick C. McElhinny is admitted pro hac vice to represent the appellant, Rhina International Direct, Inc., on the appeal.
FLORIO, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7979
S/sl
|
2003-07148 Brigitte Gulliver, respondent, v Michael D. Diederich, Jr., appellant. (Index No. 8427/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated June 27, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 10, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7936 L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-04936
Angelo Incorvaia, et al., plaintiffs-respondents, v Katonah-Lewisboro School District, respondent- appellant, Andron Construction Corp., defendant third-party plaintiff-appellant-respondent, Dameano G.C. Enterprises, Inc., et al., defendants-respondents; Tri-State Construction, Inc., et al., third-party defendants-respondents. (Index No. 04843/99)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal and cross appeal from an amended order of the Supreme Court, Westchester County, dated April 23, 2003.
Upon the stipulation of the attorneys for the respective parties, dated on or about December 2003, it is
ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
February 18, 2004
INCORVAIA v KATONAH-LEWISBORO SCHOOL DISTRICT
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7905
A/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-05826 Sogoman Jamgotchian, et al., respondents, v Armenian Church of the Holy Martyrs, defendant, R.J. Russo Electric Co., appellant.
(Index No. 19363/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the trial thereof, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated May 29, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7952
C/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-04036 Vinod Kumar, et al., appellants, v Yonkers Contracting Company, Inc., et al., respondents. (Index No. 6100/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents Concrete Cutting Company, Inc., and Concrete Cutting & Breaking, Co. (hereinafter the Concrete Cutting respondents), to dismiss so much of an appeal from an order of the Supreme Court, Queens County, dated March 26, 2003, as is asserted against them on the ground that the appellants did not appeal from an order of the same court dated February 26, 2003, which granted the motion of the Concrete Cutting respondents for summary judgment dismissing the complaint insofar as asserted against them and the appeal from the order dated March 26, 2003, does not bring up for review the order dated February 26, 2003. Separate motion by the respondent Rice Mohawk U.S. Construction Co., to dismiss the appeal insofar as asserted against it on the ground that the notice of appeal from the order dated March 26, 2003, is limited to issues not affecting it.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion by Concrete Cutting Company, Inc., and Concrete Cutting & Breaking, Co., is granted, and the appeal is dismissed insofar as asserted against them, without costs or disbursements (see CPLR 5501[a]); and it is further,
ORDERED that the motion by Rice-Mohawk U.S. Construction Co., is referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7934
L/
DAVID S. RITTER, J.P.
HOWARD MILLER
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2002-04883 Losco Group, Inc., respondent, v County of Orange, appellant (and a third-party action). (Action No. 1) (Index. No. 1612/00) West-Fair Electrical Contractors, Inc., respondent, v County of Orange, appellant. (Action No. 2) (Index No. 1819/01) Mechanical Construction, respondent, v County of Orange, appellant. (Action No. 3) (Index No. 159/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Orange County, dated April 19, 2002.
Upon the stipulation of the attorneys for the respective parties, dated December 31, 2003, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
RITTER, J.P., H. MILLER, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
February 18, 2004
LOSCO GROUP, INC. v COUNTY OF ORANGE
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7935
L/
DAVID S. RITTER, J.P.
HOWARD MILLER
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2002-04893 Losco Group, Inc., plaintiff-respondent, v County of Orange, defendant third-party plaintiff-appellant; West-Fair Electrical Contractors, Inc., et al., third-party defendant-respondent, et al., third-party defendant. (Index No. 1612/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Orange County, dated April 19, 2002.
Upon the stipulation of the attorneys for the respective parties, dated December 31, 2003, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
RITTER, J.P., H. MILLER, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7996
CF/
|
2003-07564 Rocco Mancini, et al., respondents, v Hardscrabble Commons Associates, et al., appellants. (Index No. 144/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated August 1, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7997
S/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-08660 Gayle Mastromonico, respondent, v Thomas Mastromonico, appellant. (Index No. 30410/02)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from an order of the Supreme Court, Suffolk County, dated September 22, 2003. By decision and order on motion of this court dated October 29, 2003, stated portions of the order dated September 22, 2003, were stayed on condition that the appeal was perfected by December 1, 2003. By decision and order on motion dated January 16, 2004, the appellant's time to perfect the appeal was extended until January 31, 2004. The appeal has not been perfected.
On the court's own motion, it is
ORDERED that the stay granted by the decision and order on motion dated October 29, 2003, is vacated forthwith.
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7981
Y/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-08589 Niko Milocevich, appellant, v Steven Toboroff, et al., respondents. (Index No. 31643/99)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered July 18, 2003, on the ground that the order denies a motion for leave to reargue.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, without prejudice to raising the issue in the respondents' brief.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7951
C/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
THOMAS A. ADAMS, JJ.
|
2004-00950 Claude Nadaf, appellant, v Albert Nadaf, et al., respondents. (Index No. 46506/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay his eviction from the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 23, 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.
RITTER, J.P., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7975
S/sl
|
2003-03531
North Shore Long Island Jewish Health System, Inc., et al., appellants, v Aetna US Healthcare, Inc., et al., respondents.
(Index No. 19349/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated February 26, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before March 19, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7931L/
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2002-06057 Maryann C. Schuler, etc., respondent, v George Yiachos, etc., et al., defendants, Health Examinetics, et al., appellants.
(Index No. 004940/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 15, 2002.
Upon the stipulation of the attorneys for the respective parties, dated January 12, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
RITTER, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7965
Y/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
THOMAS A. ADAMS, JJ.
|
2003-02322, 2003-07377, 2003-08754 State Farm Fire and Casualty Company, appellant-respondent, v Alice Browne, respondent-appellant. (Index No. 13763/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to supplement the record on appeals from two orders of the Supreme Court, Westchester County, entered January 31, 2003, and July 15, 2003, respectively, and a judgment of the same court, entered September 11, 2003, and for an enlargement of time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion to supplement the record is denied; and it is further,
ORDERED that the branch of the motion to enlarge the time to serve and file a reply brief is granted and the appellant-respondent's time to serve and file a reply brief is enlarged until March 1, 2004, and the appellant-respondent's reply brief must be served and filed on or before that date.
RITTER, J.P., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8003
Y/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2003-06157, 2003-09649 Crystal Stevens, respondent-appellant, v New York City Transit Authority, et al., appellants-respondents. (Index No. 15156/93)
| DECISION & ORDER ON MOTION |
Motion by Crystal Stevens to deem her notice of appeal from an order of the Supreme Court, Kings County, dated May 2, 2003, to also be a premature notice of cross appeal from a judgment of the same court dated August 5, 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 the plaintiff's notice of appeal from the order of the Supreme Court, Kings County, dated May 2, 2003, is also deemed to be a premature notice of cross appeal from a judgment of the same court dated August 5, 2003 (see CPLR 5520[c]); and it is further,
ORDERED that on the court's own motion, the appeal by Crystal Stevens from the order is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241, 248).
FLORIO, J.P., KRAUSMAN, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7993
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
SANDRA L. TOWNES, JJ.
|
2003-05498, 2003-05500 Lillian Whitehead, appellant, v Town House Equities, Ltd., et al., respondents. (Index No. 20485/98)
| DECISION & ORDER ON MOTION |
Appeals by Lillian Whitehead, by right and by permission, from two orders of the Supreme Court, Kings County, dated June 12, 2004, and June 17, 2004, respectively. By decision and order on motion of this court dated July 23, 2003, stated portions of the orders were stayed on condition that the appeals were perfected on or before September 2, 2003. By decisions and orders on motion dated September 22, 2003, and December 12, 2003, the stay was continued and the appellant's time to perfect the appeals was enlarged until November 3, 2003, and January 23, 2004, respectively. The appeals have not been perfected and the appellant has not sought a further enlargement of time to perfect.
On the court's own motion, it is
ORDERED that the appeals are dismissed, without costs or disbursements, for failure to perfect the same in accordance with the rules (see 22 NYCRR 670.8[e]), and prior decisions and orders on motion of this court; and it is further,
ORDERED that the stay of stated portions of the orders which was granted by decision and order on motion of this court dated July 23, 2003, is vacated forthwith.
ALTMAN, J.P., S. MILLER, GOLDSTEIN and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7924
A/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-07822
In the Matter of Rita A. Cogswell, appellant, v James E. Spelatis, respondent. (Docket No. F-763/01)
| DECISION & ORDER ON MOTION |
Appeal by Rita A. Cogswell from an order of the Family Court, Suffolk County, dated August 18, 2003. By order to show cause dated January 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 December 2, 2003, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated December 2, 2003, is amended to provide 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 the brief on the appeal is enlarged until April 15, 2004.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7991
Y/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2003-08386 In the Matter of Antonios Fokas, et al., respondents, v North Fork Bank, appellant. (Index No. 30729/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated June 25, 2003, for an attorney's fee pursuant to RPAPL 1921(7) and 22 NYCRR 670.5 in connection with a prior motion by the appellant which was determined by decision and order on motion of this court dated October 27, 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.
ALTMAN, J.P., SMITH, H. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7978
S/sl
|
2003-10677 In the Matter of Greenwich Arms Company, appellant, v Division of Housing & Community Renewal, respondent. (Index No. 13864/02)
| 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 an appeal from an order of the Supreme Court, Nassau County, dated April 18, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 11, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7966
Y/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-09820 In the Matter of Tatyana Kondratyeva, respondent, v Joseph Yapi, appellant. (Docket No. F-04378/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Kings County, dated September 25, 2003, pending hearing and determination of an appeal therefrom, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is dismissed, as the appellant did not file an affidavit of service establishing that the order to show cause was served in accordance with the terms thereof.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7998
CF/
|
2001-03331 In the Matter of Thomas Lawless, et al., petitioners, v Sean Purdy, respondent.
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the petitioners to withdraw a proceeding pursuant to Public Officer's Law § 36.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the proceeding is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7985
C/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-09593, 2003-09596 In the Matter of Darrin S. (Anonymous), appellant. (Docket No. D-9510/02)
| DECISION & ORDER ON MOTION |
Appeals by the juvenile from two orders of the Family Court, Suffolk County, dated September 17, 2003, and September 29, 2003, respectively. By order to show cause dated January 12, 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated December 2, 2003, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated December 2, 2003, is amended to provide that the appellant's time to perfect the appeals 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 the brief on the appeals is enlarged until March 18, 2004.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7984
C/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-08126 In the Matter of Kevin Smith, petitioner, v Supreme Court, Kings County, etc., et al., respondents. (Index No. 2183/86)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to reargue a motion pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person, which was denied by decision and order on motion of this court dated December 15, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7976
S/sl
|
2003-10400 In the Matter of Town of Cortlandt, petitioner, v New York State Board of Real Property Services, respondent.
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file an answer in a proceeding pursuant to CPLR article 78.
ORDERED that the application is granted and the respondent's time to serve and file an answer is enlarged until March 12, 2004, and the answer must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8000
CF/
|
2003-09132 In the Matter of Adam Winterfield, respondent, v Dawn Sepe, appellant. (Docket No. V-5201-09)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated September 23, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7982
Y/sl
DAVID S. RITTER, J.P.
MYRIAM J. ALTMAN
NANCY E. SMITH
DANIEL F. LUCIANO, JJ.
|
1998-00288 The People, etc., respondent, v Vernal Aldegon, appellant. (Ind. No. 12374/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an application for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this court dated January 8, 2001 (People v Aldegon, 279 AD2d 475), affirming a judgment of the Supreme Court, Kings County, rendered January 6, 1998, which was determined by decision and order of this court dated July 28, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., ALTMAN, SMITH and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7956
F/
SANDRA L. TOWNES, J.
|
2004-00018 The People, etc., plaintiff, v Sherome Davis, a/k/a Katrell Butler, defendant. (Ind. No. 5098/00)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated November 18, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
SANDRA L. TOWNES
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7957
F/
SANDRA L. TOWNES, J.
|
2003-11075 The People, etc., plaintiff, v Oliver Hamilton, defendant. (Ind. No. 5535/93)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated November 25, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
SANDRA L. TOWNES
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7999
Y/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2000-09572 The People, etc., respondent, v Peter MacDonald, appellant. (Ind. No. 99-0788)
| DECISION & ORDER ON MOTION |
Motion by counsel for the appellant to dismiss, as abandoned, an appeal from a judgment of the Supreme Court, Westchester County, rendered October 6, 2000.
Upon the papers filed in support of the motion and the papers filed in or relation thereto, it is
ORDERED that the motion is denied without prejudice to the respondent making a motion pursuant to CPL 470.60.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7989
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-10990 The People, etc., respondent, v Allen Mack, appellant. (Ind. No. 9265/93)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief |
Motion by the appellant for leave to prosecute an appeal from a determination of the Supreme Court, Kings County, dated November 7, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Kings County, continues on 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 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 in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 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 the filing fee is waived (see CPLR 1103[d]); 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.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7967
Y/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
1998-11448 The People, etc., respondent, v Jermaine B. Page, appellant. (Ind. No. 9833/96)
| 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 November 9, 1998.
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 April 30, 2004, and the respondent's brief must be served and filed on or before that date.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6522
F/
MYRIAM J. ALTMAN, J.
|
2003-06999, 2003-09279 The People, etc., plaintiff, v Paul Pender, defendant. (Ind. No. 11795/91)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from two orders of the Supreme Court, Kings County, dated May 22, 2003, and September 15, 2003, respectively, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
MYRIAM J. ALTMAN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8002
S/sl
FRED T. SANTUCCI, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
|
2000-02458
The People, etc., respondent, v George Philips, appellant. (Ind. No. 3251/97)
| ORDER ON APPLICATION |
Application by the appellant pro se for leave to file an oversized supplemental brief exceeding 70 pages in length and a set of exhibits to the supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered January 25, 2000.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to serve and file a supplemental pro se brief which does not exceed 70 pages in length and does not include exhibits is enlarged until April 1, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8005
S/sl
FRED T. SANTUCCI, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
|
2000-03865
The People, etc., respondent, v George Philips, appellant. (Ind. No. 3717/97)
| ORDER ON APPLICATION |
Application by the appellant pro se for leave to file an oversized supplemental brief exceeding 70 pages in length and a set of exhibits to the supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered April 10, 2000.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to serve and file a supplemental pro se brief which does not exceed 70 pages in length and does not include exhibits is enlarged until April 1, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7983
Y/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
1999-10178 The People, etc., respondent, v Kelvin Subgidio, appellant. (Ind. No. 99-95)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Rockland County, rendered October 22, 1999, which was determined by decision and order of this court dated November 3, 2003, to be furnished with a typewritten copy of the proceedings in the above-entitled case.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7958
F/
SANDRA L. TOWNES, J.
|
2004-00399 The People, etc., plaintiff, v Derrick Thomas, defendant. (Ind. No. 736/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated November 19, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
SANDRA L. TOWNES
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7992
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2001-09566 The People, etc., respondent, v Gabriel Vazquez, appellant. (Ind. No. 285/00)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from a judgment of the County Court, Dutchess County, rendered September 19, 2001.
On the court's own motion, it is
ORDERED that the appellant or his attorney show cause before this court why an order should not be entered dismissing the appeal on the ground that the notice of appeal is untimely (see CPL 460.10[1][a], 460.30), and the appellant has not sought leave to file a late notice of appeal, by 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 the District Attorney on or before March 19, 2004; 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 upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).
SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7416
F/
GABRIEL M. KRAUSMAN, J.
|
2003-05295 The People, etc., plaintiff, v DeAndre Williams, a/k/a David Williams, defendant. (Ind. No. 97-01571)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Westchester County, dated May 12, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
GABRIEL M. KRAUSMAN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7417
F/
GABRIEL M. KRAUSMAN, J.
|
2003-08994 The People, etc., plaintiff, v DeAndre Williams, a/k/a David Williams, defendant. (Ind. No. 97-01571)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Westchester County, dated September 30, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
GABRIEL M. KRAUSMAN
Associate Justice