02-19-2004_MOTION

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MOTION DECISIONS FOR FEBRUARY 19, 2004

Page 2 MOTION DECISIONS FOR FEBRUARY 19, 2004 TITLE

TITLE	Case Number
Board of Managers of Stewart Place Condominium	2003-11441
Clark v N-H Farms, Inc.	2003-03700 + 1
DeSantis v General Advisory & Funding Corp.	2003-07885
Dimery v Ulster Savings Bank	2000-10282
Draper v Iuni	2003-05740
Greenpoint Mortgage Funding, Inc. v Landaverd	2003-06771
Huntley v State of New York	2003-11085
Hurley v First Unum Life Insurance Company	2003-05891
Lamprecht v Rhinehardt	2003-11409
Matusewicz v Prysock	2003-07729
Muli v Schambra	2003-02929
Shurka v Simaee	2003-08004
Vega v Stimsonite Corporation	2003-01439
Vigliarolo v Sea Crest Construction Corporati	2003-04013
Williams v Sahay	2003-04231 + 1
Mtr of A. (Anonymous), Jason; Corporation Cou	2003-10890
Mtr of B. (Anonymous), Melvin; New York State	2003-05959
Mtr of B. (Anonymous), Shavar; Administration	2003-03248 + 2
Mtr of C. (Anonymous), Lillian; Administratio	2003-05370
Mtr of Campuzano v Munoz	2003-06384
Mtr of D. (Anonymous), Alonzo Jason; Little F	2003-06649
Mtr of D. (Anonymous), Dionne; Charlotte Selt	2003-10002
Mtr of Dirma v Dirma	2003-11208
Mtr of Fischer-Holland v Walker	2003-01739 + 1
Mtr of Flanders v New York State Division of	2003-10752
Mtr of Herman v Herman	2002-09833
Mtr of J. (Anonymous), Shakir; Corporation Co	2003-03364
Mtr of Jackson v Rice	2003-09821
Mtr of Jackson v Watson	2004-00051
Mtr of Jaramillo v Correa	2003-11467
Mtr of Knapp v Runyon	2003-06707
Mtr of M. (Anonymous), Lamont Dale; St. Vince	2003-09479
Mtr of M. (Anonymous), Rena; Administration f	2002-08918
Mtr of Matos v Fish	2003-09728
Mtr of McCormick, deceased; Bankers Trust Com	2002-00562
Mtr of Monzon v Zaikowski	2003-10536
Mtr of R. (Anonymous), Elizabeth Susanna; Pre	2003-06751 + 2
Mtr of Rey v Spinetta	2003-05074
Mtr of S. (Anonymous), Aaron; Orange County D	2003-11218
Mtr of S. (Anonymous), Richard; Corporation C	2003-08681
Mtr of V. (Anonymous), Shanita; Corporation C	2003-04493 + 1
Mtr of W. (Anonymous), Helena, Prince, Regene	2003-07658
Mtr of Walker v Walker	2003-08488 + 1
Peo v B. (Anonymous), David	2001-10648 + 1
Peo v Carbone, Frank, a/k/a Ascanio, Steven	2002-00305
Peo v Castillo, Carlos	2003-07026
Peo v Chrysler, Gregory	2000-08638
Peo v Coddington, Nicola	2004-00368
Peo v Diaz, Alex	2003-06125
Peo v Dupont, Dominic	1998-05269
Peo v Edwards, Kamorie	2003-10909
Peo v Hall, Beresford	2004-00216 + 1
Peo v Harris, Khaaliq	2003-11313
Peo v King, Edwin	2004-00214
Peo v Klibanoff, Joshua	2004-00215
Peo v Nunez, Carlos	2000-02028
Peo v Pertillar, Johnny	2002-11317
Peo v Raffaele, Charles F.	2004-00415
Peo v Shuler, Romel	2003-07275
Peo v Venable, Darrell	1999-03249

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7908

A/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-11441
Board of Managers of Stewart Place Condominium,
appellant, v Angelo Bragato, respondent
(and a third-party action).
(Index No. 6171/02)

DECISION & ORDER ON MOTION

Motion by the respondent to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered December 1, 2003.

Upon the papers filed in support of the motion and the stipulation of the parties, 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, on condition that the appeal is perfected on or before March 26, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 26, 2004, the court, on its own motion, may vacate the stay, on three days notice; and it is further,

ORDERED that the respondent shall and serve and file his brief on the appeal on or before April 20, 2004; and it is further,

ORDERED that the appellant's reply brief, if any, shall be served and filed on or before April 27, 2004.

RITTER, J.P., SMITH, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7987

O/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

THOMAS A. ADAMS, JJ.

2003-03700, 2003-07187
Carolyn Clark, et al., respondents, v
N-H Farms, Inc., appellant, et al., defendants.
(Appeal No. 1)
Carolyn Clark, et al., appellants, v
N-H Farms, Inc., respondent, et al., defendants.
(Appeal No. 2)
(Index No. 6303/00)

DECISION & ORDER ON MOTION

Motion by the plaintiffs on appeals from a judgment of the Supreme Court, Orange County, entered March 27, 2003 (Appellate Division Docket No. 2003-03700), and an appeal from an order of the same court dated June 18, 2003 (Appellate Division Docket No. 2003-07187), to strike the record and brief submitted by the defendant N-H Farms, Inc., the appellant on the appeal from the judgment, on the grounds that the record is incomplete and the brief raises issues not properly before this court on the appeal from the judgment, or, in the alternative, to enlarge the time to serve and file a respondents' brief on the appeal from the judgment.

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

ORDERED that on the court's own motion, the record filed on the appeal from the judgment and record filed on the appeal from the order are together deemed to be the record on both appeals, and the appeals shall be calendared together and argued or submitted on the same day; and it is further,

ORDERED that the branch of the motion which is to strike the appellant's brief on the appeal from the judgment is granted to the extent that the following portions of the brief are stricken: (1) point 2 on pages 6-7 (including the footnote), (2) all of pages 30-35, and (3) the material on page 36 beginning with "and/or damages" through "identical injuries", and on or before March 4, 2004, the appellant, N-H Farms, Inc., shall delete the above material from the copies of its brief on file with this court or serve and file a new brief which does not contain that material; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a respondents' brief on the appeal from the judgment is granted; and it is further,

ORDERED that the plaintiffs' time to serve and file their respondents' brief on the appeal from the judgment is enlarged until March 18, 2004, and the 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8008

S/sl

2003-07885
Philip DeSantis, respondent, v
General Advisory & Funding Corp.,
appellant.
(Index No. 02-14389)

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 July 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7911

A/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2000-10282
Alice Laraine Dimery, appellant-respondent,
v Ulster Savings Bank, respondent-appellant.
(Index No. 230/93)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Putnam County, entered October 26, 2000.

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

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

ORDERED that the time of the appellant-respondent to perfect the appeal is enlarged until March 26, 2004, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

RITTER, J.P., SMITH, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7954

Y/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

THOMAS A. ADAMS, JJ.

2003-05740
Glen Draper, respondent, v
Louis Iuni, appellant.
(Index No. 7352/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Rockland County, dated June 6, 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, GOLDSTEIN and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8011

E/sl

ROBERT W. SCHMIDT, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-06771
Greenpoint Mortgage Funding, Inc., respondent,
v Ileana Amaya Landaverde, appellant, et al.,
defendants.
(Index No. 2832/01)

DECISION & ORDER ON MOTION

Appeal by the defendant Ileana Amaya Landaverde from an order of the Supreme Court, Kings County, dated February 3, 2003. This court noticed the matter for a CAMP conference and counsel for the appellant failed to appear at the conference without excuse. By order to show cause dated January 5, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be entered dismissing the appeal or imposing such other sanction as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that within 20 days of service of a copy of this decision and order on motion, Joseph E. Corrado the attorney for the appellant is directed to pay a sanction in the sum of $1,000 to the Lawyers' Fund for Client Protection; and it is further,

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect the appeal in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve the parties with a copy of this decision and order on motion.

SCHMIDT, J.P., TOWNES, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8016

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-11085
DECISION & ORDER ON MOTION
Jason Huntley, appellant,
v State of New York, respondent.

(Claim No. 106466)

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Court of Claims, dated December 4, 2003, 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.

RITTER, J.P., S. MILLER, ADAMS, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7819

M/mv

2003-05891

Ann Marie Hurley, appellant-respondent,
v First Unum Life Insurance Co., respondent-
appellant.
(Index No. 9554/98)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 14, 2003.

ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until March 15, 2003, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7955

E/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

THOMAS A. ADAMS, JJ.

2003-11409
Michelle Lamprecht, respondent,
v Noel Rhinehardt, appellant.

(Index No. 5379/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated November 26, 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 the trial in the above-entitled action is stayed pending hearing and determination of the appeal.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8009

S/sl

2003-07729

Stanley C. Matusewicz, appellant,
v Jeanine M. Prysock, respondent.
(Index No. 10797/99)

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, Suffolk County, dated June 11, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 26, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7986

A/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-02929
Frank V. Muli, Sr., appellant, v Frank Schambra,
et al., respondents.
(Index No. 21451/97)

DECISION & ORDER ON MOTION

Motion by counsel for the respondent Frank Schambra to admit pro hac vice Frederick Warren Payne, an attorney in good standing in the Commonwealth of Virginia, to represent the respondent Frank Schambra on an appeal from a judgment of the Supreme Court, Suffolk County, entered March 25, 2003, in the event the court permits oral argument on the appeal.

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 academic, as this court declines to permit oral argument on the appeal.

RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8028

O/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-08004
Marcy Shurka, appellant, v
Shaban Simaee, et al., respondents.
(Index No. 4946/03)

DECISION & ORDER ON MOTION

Motion by Berkman, Henoch, Peterson & Peddy, P.C., counsel for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Nassau County, dated August 13, 2003, and to enlarge the appellant's time to perfect the appeal.

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

ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and Berkman, Henoch, Peterson & Peddy, P.C., is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that Berkman, Henoch, Peterson & Peddy, P.C., is directed to serve its client with a copy of this decision and order on motion, with notice of entry, by one of the methods specified in CPLR 2103(c), on or before March 5, 2004, and shall file proof of such service with the Clerk of this court; and it is further,

ORDERED that no further proceedings shall be taken against the appellant without leave of the court, until the expiration of 30 days after service upon it of a copy of this decision and order; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted to the extent 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, and that branch of the motion is otherwise denied.

SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8001

C/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER, JJ.

2003-01439
Pamela Vega, etc., et al., respondents, v
Stimsonite Corporation, appellant, et al.,
defendants.
(Index No. 6360/98)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated January 13, 2003, to enlarge the time to file their brief and to enlarge the appellant's time to file its reply brief. Cross motion by the appellant, inter alia, for costs and sanctions.

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

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

ORDERED that the respondents shall file their brief on or before February 24, 2004; and it is further,

ORDERED that the appellant shall file its reply brief on or before March 1, 2004; and it is further,

ORDERED that the cross motion is denied.

PRUDENTI, P.J., ALTMAN, FLORIO and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7990

A/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

THOMAS A. ADAMS, JJ.

2003-04013
Carl Vigliarolo, et al., plaintiffs-respondents,
v Sea Crest Construction Corporation, et al.,
defendants third-party plaintiffs-appellants;
Pile Foundation Construction Co., Inc.,
third-party defendant-respondent.
(Index No. 24711/99)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated March 24, 2003.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7903

M/mv

2003-04231, 2003-04694

Telelia Williams, respondent,
v Sanjay Sahay, et al., defendants,
Andrew Marks, et al., appellants.
(Index No. 22969/00)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a respondent's brief on appeals from two orders of the Supreme Court, Queens County, both dated February 13, 2003.

ORDERED that the application is granted and the brief that was deposited in the office of the Clerk of this court on February 13, 2004, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7710

M/mv

2003-10890
In the Matter of Jason A. (Anonymous),
appellant.
(Docket No. D-22384/02)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Kings County, dated June 25, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 3, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7709

M/mv

2003-05959

In the Matter of Melvin B. (Anonymous),
appellant.
(Docket No. D-28447-02)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Kings County, dated June 16, 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 11, 2004.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7699

M/mv

2003-03248
In the Matter of Shavar B. (Anonymous).
Administration for Children's Services,
respondent; Wayne M. (Anonymous), appellant.
(Proceeding No. 1)
(Docket No. N-14968-99)
2003-03249
In the Matter of Kimberly B. (Anonymous).
Administration for Children's Services,
respondent; Wayne M. (Anonymous), appellant.
(Proceeding No. 2)
(Docket No. N-14969-99)
2003-03251
In the Matter of Bryton B. (Anonymous).
Administration for Children's Services,
respondent; Wayne M. (Anonymous), appellant.
(Proceeding No. 3)
(Docket No. N-14970-99)

SCHEDULING ORDER

Appeals by Wayne M. from three orders of the Family Court, Queens County, all dated November 6, 2002 (one in each proceeding). Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is ORDERED that the scheduling order of this court dated January 29, 2004, in the above-entitled action is amended by deleting from the decretal paragraph thereof the words "February 20, 2004," and substituting therefor the words "March 13, 2004."

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7686

M/mv

2003-05370
In the Matter of Lillian C. (Anonymous).
Administration for Children's Services,
petitioner-respondent; Gary W. (Anonymous),
appellant; Chonghiu C. (Anonymous), respondent.
(Docket No. NA-7387-01)

SCHEDULING ORDER

Appeal by Gary W. from an order of the Family Court, Queens County, dated May 21, 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 time of the respondent and the law guardian to serve and file their respective briefs on the appeal is enlarged until March 8, 2004.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8025

O/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-06384
In the Matter of Carlos Campuzano, appell
v Maria Del Pilar Chaves Munoz, respond
(Docket Nos. V-12046/03,V-13035/01)

DECISION & ORDER ON MOTION

ant,
ent.

Appeal by Carlos Campuzano from an order of the Family Court, Kings County, dated July 8, 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 November 21, 2003, issued pursuant to 22 NYCRR 670.4(a).

Now, 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, for failure to comply with the scheduling order dated November 21, 2003 (see 22 NYCRR 670.4[a][5]).

SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7740

M/mv

2003-06649

In the Matter of Alonzo Jason D. (Anonymous).
Little Flower Children's Services, respondent;
Shirley D. (Anonymous), appellant.
(Docket No. B-5161-02)

SCHEDULING ORDER

Appeal by Shirley D. from an order of the Family Court, Queens County, dated July 8, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7742

M/mv

2003-10002

In the Matter of Dionne D. (Anonymous),
respondent; Charlotte Seltzer, etc., appellant.
(Index No. 501091/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated November 10, 2003.

ORDERED that the application is granted and the reply brief that was deposited in the office of the Clerk of this court on February 9, 2004, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7897

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-11208
In the Matter of Walter Dirma,
appellant, v Rosalie Dirma, respondent.

(Docket No. F-12605-03)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated November 18, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

SANTUCCI, J.P., KRAUSMAN, LUCIANO, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7673

M/mv

2003-01739, 2003-01742
In the Matter of Sandra C. Fischer-Holland,
appellant, v Harold B. Walker, respondent.
(Docket No. V-1149/01)

SCHEDULING ORDER

Appeals by Sandra C. Fischer-Holland from two orders of the Family Court, Rockland County, dated January 14, 2003, and February 4, 2003, 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 3, 2004.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7901

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-10752
In the Matter of Chester Flanders,
appellant, v New York State Division of
Parole, respondent.

(Docket No. 5688/03)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Orange County, dated October 29, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

SANTUCCI, J.P., KRAUSMAN, LUCIANO, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7706

M/mv

2002-09833
In the Matter of Debra L. Herman, respondent,
v Robert J. Herman, appellant.
(Docket No. F-1624-98)

SCHEDULING ORDER

Appeal by Robert J. Herman from an order of the Family Court, Nassau County, dated September 11, 2002. The appellant's brief was filed in the office of the Clerk of this court on February 5, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7749

M/mv

2003-03364
In the Matter of Shakir J. (Anonymous),
appellant.
(Docket Nos. D-24606-02, D-24607-02)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Kings County, dated March 19, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8031

E/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-09821
In the Matter of Charles Jackson, respondent,
v Cynthia Rice, appellant.
(Docket No. V-12689/99)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated September 30, 2003, and to grant the appellant leave to prosecute the appeal 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 branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before March 8, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before March 29, 2004, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7929

A/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2004-00051
In the Matter of Taketha L. Jackson, respondent,
v Thomas Watson, appellant.
(Docket No. P-14690/03)

DECISION & ORDER ON MOTION

Appeal by Thomas Watson from an order of the Family Court, Suffolk County, entered December 9, 2003.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered on the appellant's default (see CPLR 5511).

SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7896

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-11467
In the Matter of Diana Jaramillo,
respondent, v Jose Correa, appellant.

(Docket No. P-2200-03)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated November 28, 2003, 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.

SANTUCCI, J.P., KRAUSMAN, LUCIANO, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7697

M/mv

2003-06707

In the Matter of Cynthia Knapp, respondent,
v Herbert Runyon, appellant.
(Docket No. F-3432-96)

SCHEDULING ORDER

Appeal by Herbert Runyon from an order of the Family Court, Dutchess County, dated June 17, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7676

M/mv

2003-09479
In the Matter of Lamont Dale M. (Anonymous).
St. Vincent's Services, respondent;
Cleo C. (Anonymous), appellant.
(Docket No. B-17334/01)

SCHEDULING ORDER

Appeal by Cleo C. from an order of the Family Court, Queens County, dated October 7, 2003. By decision and order on motion of this court dated January 27, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Michael Hueston, Esq.

26 Court Street #600

Brooklyn, New York 11242

(718) 624-9391

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated January 27, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7711

M/mv

2002-08918
In the Matter of Rena M. (Anonymous).
Administration for Children's Services,
respondent; Roberta M. (Anonymous), appellant.
(Docket No. N-03443-98)

SCHEDULING ORDER

Appeal by Roberta M. from an order of the Family Court, Kings County, dated September 4, 2002. The appellant's brief was filed in the office of the Clerk of this court on February 3, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7974

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-09728
In the Matter of Tyrone Matos, appellant, DECISION & ORDER
v Katherine Fish, etc., respondent.
(Index No. 9555/03)

ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, dated December 18, 2003, as a poor person, to dispense with printing, and for 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.

RITTER, J.P., S. MILLER, ADAMS, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

98 A 7262

Sing Sing Corr. Fac.

354 Hunter St.

Ossining, New York 10562

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7922

A/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2002-00562
In the Matter of Edmund J. McCormick, deceased.
Suzanne V. McCormick, appellant-respondent;
Bankers Trust Company, respondent-appellant,
Herman Markowitz, respondent.

(File No. 3522/88)

DECISION & ORDER ON MOTION

Motion by Dowd & Marotta LLC, the attorneys for the appellant-respondent, on an appeal from an order of the Surrogate's Court, Westchester County, dated November 30, 2001, which was determined by decision and order of this court dated April 21, 2003, for leave to withdraw as counsel on the appellant-respondent's motion for leave to reargue the appeal, or 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 relation thereto, it is

ORDERED that the motion is denied.

ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7677

M/mv

2003-10536
In the Matter of Frank A. Monzon, appellant,
v Lori Zaikowski, respondent.
(Docket No. V-1859/98)

SCHEDULING ORDER

Appeal by Frank A. Monzon from an order of the Family Court, Suffolk County, entered November 10, 2003. By decision and order on motion of this court dated January 27, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Saam Jalayer, Esq.

701D Route 25A

Rocky Point, New York 11778

(631) 835-2842

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

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

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7886

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-06751, 2003-06754, 2003-06755
In the Matter of Elizabeth Susanna R. (Anonymous),
a/k/a Elizabeth R. (Anonymous).
Saint Dominic's Home/Commissioner of Social
Services, respondent; Victor R. (Anonymous),
a/k/a Victor Hugo R. (Anonymous), appellant.
(Proceeding No. 1)
(Docket No. B-25036-02)
In the Matter of Victor Manuel R. (Anonymous),
a/k/a Victor R. (Anonymous).
Saint Dominic's Home/Commissioner of Social
Services, respondent; Victor R. (Anonymous),
a/k/a Victor Hugo R. (Anonymous), appellant.
(Proceeding No. 2)
(Docket No. B-25037-02)
In the Matter of Ruben Leonel R. (Anonymous),
a/k/a Ruben R. (Anonymous).
Saint Dominic's Home/Commissioner of Social
Services, respondent; Victor R. (Anonymous),
a/k/a Victor Hugo R. (Anonymous), appellant.
(Proceeding No. 3)
(Docket No. B-25038-02)

DECISION & ORDER ON MOTION

Renewed motion by the counsel assigned to represent the appellant in proceedings before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute appeals from three orders of the Family Court, Kings County, all dated June 23, 2003, and for leave to prosecute the appeals as a poor person.

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 counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,

ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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 appeals, 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:

Zvi Ostrin, Esq.

154 West 18th Street - 5D

New York, New York 10011

(212) 255-5809

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.

SMITH, J.P., GOLDSTEIN, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7675

M/mv

2003-05074

In the Matter of Jenette Rey, appellant,
v Sylvester Spinetta, Jr., respondent.
(Docket No. V-1377-02)

SCHEDULING ORDER

Appeal by Jenette Rey from an order of the Family Court, Richmond County, dated May 2, 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 time of the respondent and/or the law guardian to serve and file their briefs on the appeal is enlarged until March 30, 2004.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7887

DAVID S. RITTER, J.P.

NANCY E. SMITH

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-11218
In the Matter of Aaron S. (Anonymous).
Orange County Department of Social Services,
respondent; Hector V. (Anonymous), appellant.
(Docket No. B-7051-02)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Orange County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Orange County, dated October 7, 2003, and for leave to prosecute the appeal as a poor person.

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 counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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 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 appeal:

Matthew B. Tully, Esq.

P.O. Box 491

Hunter, New York 12442

(518) 263-4249

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal 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 appeal is taken.

RITTER, J.P., SMITH, CRANE, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7707

M/mv

2003-08681

In the Matter of Richard S. (Anonymous),
appellant.
(Docket No. D-13398/02)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Queens County, dated September 18, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 5, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the respondent's brief shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7705

M/mv

2003-04493, 2003-04494

In the Matter of Shanita V. (Anonymous),
appellant.
(Docket No. D-10699-02)

SCHEDULING ORDER

Appeals by the juvenile from two orders of the Family Court, Queens County, dated October 2, 2002, and April 29, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on February 5, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7733

M/mv

2003-07658
In the Matter of Helena W. (Anonymous).
Administration for Children's Services,
respondent; Avis W. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Prince W. (Anonymous).
Administration for Children's Services,
respondent; Avis W. (Anonymous), appellant.
(Proceeding No. 2)
In the Matter of Regene W. (Anonymous).
Administration for Children's Services,
respondent; Avis W. (Anonymous), appellant.
(Proceeding No. 3)
(Docket Nos. B-16825-00, B-16826-7-00)

SCHEDULING ORDER

Appeal by Avis W. from an order of the Family Court, Kings County, dated August 25, 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 law guardian's brief that was submitted to the Clerk of this court on February 17, 2004, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7915

A/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-08488, 2003-08489
In the Matter of Arletha Walker, appellant,
v Eric Walker, respondent.
(Docket No. N-16024-01)

DECISION & ORDER ON MOTION

Appeal by Arletha Walker from two orders of the Family Court, Nassau County, dated August 8, 2003, and August 22, 2003, respectively. By order to show cause dated December 30, 2003, 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 October 22, 2003, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated October 22, 2003 (see 22 NYCRR 670.4[a][5]).

S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8010

Y/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2001-10648, 2001-10649
The People, etc., respondent,
v David B. (Anonymous), appellant.
(Ind. Nos. 3731/97, 3802/00)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two judgments of the Supreme Court, Queens County, both rendered October 4, 2001, in effect, to amend the caption to "People v David B. (Anonymous)".

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 caption has been amended accordingly.

SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8018

S/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2002-00305
The People, etc., respondent,
v Frank Carbone, a/k/a Steven Ascanio,
appellant.
(Ind. No. 4229/94)

DECISION & ORDER ON MOTION
Motion to File A Supplemental
Reply Brief

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 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 denied.

S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02-A-0076

Franklin Correctional Facility

Box 10

Malone, NY 12953

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7948

ANITA R. FLORIO, J.

2003-07026

The People, etc., plaintiff,
v Carlos Castillo, defendant.
(Ind. No. 9436/96)

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 July 14, 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.

ANITA R. FLORIO

Associate Justice

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8006

C/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

MYRIAM J. ALTMAN

GLORIA GOLDSTEIN, JJ.

2000-08638
The People, etc., respondent,
v Gregory Chrysler, appellant.
(Ind. No. 650/99)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the County Court, Orange County, rendered September 13, 2000, to substitute retained counsel, and to enlarge his time to file a supplemental brief in accordance with a prior decision and order on motion of this court dated November 14, 2003. The appellant's renewed motion for assignment of counsel was granted on November 14, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Bruce Townsend, Esq.

26 Albany Avenue

Walden, New York 12586

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

ORDERED that the motion is granted; and said assigned counsel is directed to turn over all papers in the action to retained counsel:

Robert N. Isseks, Esq.

6 North Street

Middletown, New York 10940

and it is further,

ORDERED that the appellant's time to serve and file a supplemental brief is enlarged until June 1, 2004.

RITTER, J.P., SANTUCCI, ALTMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

99-A-6079

Clinton Correctional Facility

Box 2001

Dannemora, N.Y. 12929

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8014

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-00368

The People, etc., plaintiff,
v Nicola Coddington, defendant.
(Ind. No. 02-00482)

DECISION & ORDER ON MOTION
Motion for Leave to Serve
Late Notice of Appeal, for Poor
Person Relief & to Assign
Counsel - Appeal from Judgment

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Orange County, rendered November 19, 2002, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

RITTER, J.P., S. MILLER, ADAMS, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 A 6581

Coxsackie Corr. Fac.

Box 999

Coxsackie, New York 12051

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7971

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-06125

The People, etc., respondent,
v Alex Diaz, appellant.

(Ind. No. 02-00935)

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 Supreme Court, Westchester County, rendered October 15, 2003, as a poor person, and for the assignment of counsel.

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

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

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

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

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

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

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

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

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

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

Mark Diamond, Esq.

Box 1805 Murray Hill Station

New York, New York 10016

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.

RITTER, J.P., S. MILLER, ADAMS, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 5634

Wyoming Corr. Fac.

Box 501

Attica, New York 14011

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8004

C/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

NANCY E. SMITH

BARRY A. COZIER, JJ.

1998-05269
The People, etc., respondent,
v Dominic Dupont, appellant.
(Ind. No. 6287/97)

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 May 21, 2001 (People v Dupont, 283 AD2d 587), affirming a judgment of the Supreme Court, Kings County, rendered May 19, 1998, which was decided by decision and order of this court dated November 17, 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.

PRUDENTI, P.J., RITTER, SMITH and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7964

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10909

The People, etc., respondent,
v Kamorie Edwards, appellant.

(Ind. No. 2121/02)

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

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated February 5, 2004, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered November 18, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Eugene Cordaro, Esq.

106 Third Street

Mineola, New York 11501

and it is further,

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

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 6301

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7970

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-00216, 2004-00217

The People, etc., respondent,
v Beresford Hall, appellant.

(Ind. Nos. 2712-02, 2971-02)

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

Motion by the appellant pro se for leave to prosecute appeals from two judgments of the County Court, Suffolk County, both rendered December 19, 2003, as a poor person, and for the assignment of counsel.

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

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

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

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk Co., - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

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

RITTER, J.P., S. MILLER, ADAMS, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

04 A 0095

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7883

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-11313

The People, etc., respondent,
v Khaaliq Harris, appellant.

(Ind. No. 03-00354)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered December 10, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Stephen J. Pittari, Esq.

Legal Aid Society of Westchester Co.

One North Broadway, 9th Floor

White Plains, New York 10601

and it is further,

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

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 6789

Downstate Corr. Fac.

P.O. Box 445

Fishkill, New York 12524

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7884

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00214

The People, etc., respondent,
v Edwin King, appellant.

(Ind. No. 2871-02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered December 4, 2003, as a poor person, and for the assignment of counsel.

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

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

ORDERED that 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 Co., - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 6712

Washington Corr. Fac.

Box 180

Comstock, New York 12821

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7969

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-00215

The People, etc., respondent,
v Joshua Klibanoff, appellant.

(Ind. No. 1066-03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered December 18, 2003, as a poor person, and for the assignment of counsel.

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

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

ORDERED that 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 Co., - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

RITTER, J.P., S. MILLER, ADAMS, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 6854

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8019

S/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2000-02028
The People, etc., respondent, v
Carlos Nunez, appellant.
(Ind. No. 11486/98)

DECISION & ORDER ON MOTION
Motion to File A Supplemental
Reply Brief

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 February 2, 2000.

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

ORDERED that the motion is denied.

SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7973

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2002-11317
v Johnny Pertillar, appellant.
(Ind. No. 02-00751)

The People , etc., respondent, DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered November 25, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

RITTER, J.P., S. MILLER, ADAMS, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 A 6583

Bare Hill Corr. Fac.

Caller Box 20 - 181 Brand Rd.

Malone, New York 12953

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7972

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-00415

The People, etc., respondent,
v Charles F. Raffaele, appellant.
(Ind. No. 02-00900)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Westchester County, rendered March 5, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7946

ANITA R. FLORIO, J.

2003-07275

The People, etc., plaintiff,
v Romel Shuler, defendant.
(Ind. No. 2770/91)

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 an order of the Supreme Court, Kings County, dated July 11, 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.

ANITA R. FLORIO

Associate Justice

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8017

S/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

1999-03249
The People, etc., respondent,
v Darrell Venable, appellant.
(Ind. No. 6296/98)

DECISION & ORDER ON MOTION
Motion to File A Supplemental
Reply Brief

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, Kings County, rendered April 5, 1999.

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., S. MILLER, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

99-A-2752

Sullivan Correctional Facility

Box 116

Fallsburg, NY 12733