02-25-2004_MOTION

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MOTION DECISIONS FOR FEBRUARY 25, 2004

TITLE	Case Number
Adams v Wilson	2003-10421
Ain v Three School Street, A Professional Con	2003-09964
Aris v Department of Social Services	2002-09028
Bard v Bergstein	2002-11549
Bruenner v Clapp	2003-07599
Burnett v City of Mount Vernon	2003-06249
Cardozo v Mayflower Center, Inc.	2003-09838
Cooney v Cooney	2004-00536
Gill v Bowne Global Solutions, Inc., f/k/a Be	2003-06415
Gray v New York City Transit Authority	2003-07447
JPMorgan Chase Bank v Diamond Food, Inc.	2004-01026
Marino v WWP Associates	2003-08110
Moore v Eyzenberg	2003-05532
Okerblom v Okerblom	2003-05812
Ostreicher v Ackerman	2003-09588
Plimpton v Plimpton	2003-06131
Roach v Tozzo	2004-00889
Robbins v West Babylon Junior High School	2003-03238
Sagiv v City of New York	2003-07471
Scantlebury v New York City Health & Hospital	2003-05736
Seaview Jewish Center-Yeshira Torah M'Zion v	2003-08286
Silva v Dawson	2003-09068
Simeone v Incorporated Village of Valley Stre	2002-07959
Singer v Singer	2003-11415
Soon Ja Choe v Han Ah Reum	2003-10609
Stern's Department Stores, Inc. v Little Neck	2003-00842
Tokyo Leasing (USA), Inc. v Gargiulo	2003-09437
Valencia v New York City School Construction	2003-10109
Versacio v LaVerde	2003-04916
Wojownik v The 21 Building Corp.	2003-10961
Mtr of G. (Anonymous), Susan	2004-01175
Mtr of Mack v Tracy	2003-03284
Mtr of McMillan v New York State Division of	2002-07322
Mtr of Meyers v Beiner	2003-11089
Peo v Baker, Norman, a/k/a Cruz, Eddie	2003-08323 + 1
Peo v Baskerville, Keenan	2003-10085
Peo v Baylor, Frank	2003-10596
Peo v Benshimon, Yakob	2003-05024
Peo v Berrios, Yussel	2003-10894
Peo v Brown, Troy	2003-06462
Peo v Carr, David	2004-01574
Peo v Carter, Dexter, a/k/a Carter, Bernard	2003-06138 + 1
Peo v Cato, Enrico	2003-10084
Peo v Clinkscales, Glenn	2003-01276
Peo v Cummings, Charles	2003-08678
Peo v Flanagan, Dennis	2003-09816
Peo v Flanagan, Dennis	2003-10299
Peo v Fuggetta, Victor	2003-05782
Peo v Gambrell, Michael	2003-06048
Peo v Goodman, Richard	2003-01011
Peo v Goodwin, Oren	2003-10533
Peo v Hussari, Khaldoun	2001-09784
Peo v Jean, Nerley	2004-00114
Peo v Kirkland, Kenneth	2004-00220
Peo v Kross, Melvin	2003-10889
Peo v Lemmo, Robert	2003-01312
Peo v Lott, Michael	2003-10597
Peo v Mack, Charles	2003-11369
Peo v Masters, Robert	2003-09488
Peo v McFadden, Derrick	2003-08172
Peo v Mizrahi, Issac	2002-10164
Peo v Morgan, Orville	2001-03615
Peo v Munquia, Ricardo	2003-05156 + 2
Peo v Obregon, Ivan	2003-09490
Peo v Pack, Michael	2004-00611
Peo v Payton, Brian	2003-11243
Peo v Pepin, Hector	2003-08252
Peo v Pierrot, Edwin	2003-10829
Peo v Roman, Aurelio	2003-02609
Peo v Romero, Hector	2001-05075
Peo v Romero, Hector	2001-07776
Peo v Russotto, Piero	2003-09263
Peo v Russotto, Piero	2003-10102
Peo v Santos, Manuel	2003-10896
Peo v Smith, Giovanni	2002-02616
Peo v Snyder, Darryl	2003-11090
Peo v Villane, Joseph	2003-04728
Peo v Wahedi, Abdul Sammy	2004-00701
Peo v Williams, Anthony	2003-10083
Peo v Williams, Timothy	2003-10598
Peo v Williams, Tony, a/k/a McMillen, Paul	2003-04263
Peo v Wimberly, Jacqueline	2003-06453
Peo v Wingate, Jamal	2003-04265

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8269

CF/

2003-10421
Neil Adams, et al., respondents, v
Stafford Wilson, appellant.
(Index No. 37173/98)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 17, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8250

E/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2003-09964
Jacob Ain, et al., respondents, v Three
School Street, A Professional Condominium,
appellant.

(Index No. 4853/01)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of an appeal from a judgment of the Supreme Court, Nassau County, dated October 15, 2003.

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

ORDERED that the motion is granted, and the appeal shall be calendared when it is fully perfected.

PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8296

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-09028

Hugh C. Aris, appellant, v Department of
Social Services, respondent.
(Index No. 31576/99)

DECISION & ORDER ON MOTION

By order of this court dated June 26, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Nassau County, dated July 3, 2002. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8298

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-11549

Simon Bard, et al., respondents,
v Jerry Bergstein, appellant.
(Index No. 9313/01)

DECISION & ORDER ON MOTION

By order of this court dated September 19, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Suffolk County, dated November 14, 2002, on or before December 1, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8274

CF/

2003-07599
Eric W. Bruenner, et al., respondents, v
Geraldine F. Clapp, appellant.
(Index No. 24773/97)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an amended order of the Supreme Court, Nassau County, dated July 8, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8231

CF/

2003-06249
Treacy Ann Burnett, et al., respondents, v
City of Mount Vernon, defendant, Mount
Vernon Board of Education, appellant.
(Index No. 11447/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 17, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8261

C/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2003-09838
Alan Cardozo, etc., et al., appellants, v
Mayflower Center, Inc., et al., respondents,
et al., defendants
(and a third-party action).
(Index No. 5743/01)

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, Kings County, dated October 21, 2003.

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

ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending the hearing and determination of the appeal.

PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8266

O/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2004-00536
John T. Cooney, Sr., plaintiff, v
Elaine Cooney, et al., defendants.
(Index No. 13764/03)

DECISION & ORDER ON MOTION

Motion by the defendants, inter alia, for leave to appeal to this court from an order of the Supreme Court, Westchester County, entered December 18, 2003.

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

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8205

S/sl

2003-06415
Ranjit Singh Gill, appellant, v Bowne Global
Solutions, Inc., f/k/a Berlitz Interpretation
Services, Inc., respondent.
(Index No. 7047/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 28, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 18, 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

M8297

PL/sl

2003-07447
Deborah Gray, respondent, v
New York City Transit Authority, appellant.
(Index No. 28452/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 10, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 19, 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

M8262

C/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2004-01026
JPMorgan Chase Bank, respondent, v
Diamond Food, Inc., defendant, Tarique
M. Agha, appellant.
(Index No. 7657/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial on damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated December 24, 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., SMITH, GOLDSTEIN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8267

CF/

2003-08110
Phyllis Marino, et al., appellants, v
WWP Associates, et al., respondents.
(Index No. 11466/01)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Richmond County, dated August 12, 2003.

Upon the stipulation of the parties, dated February 10, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8257

CF/

2003-05532
Joseph Moore, et al., appellants, v
Anatoly Eyzenberg, respondent.
(Index No. 28638/98)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 14, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8224

S/sl

2003-05812
Susan Okerblom, respondent,
v Donald V. Okerblom, appellant.
(Index No. 3835/99)

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 2, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 22, 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

M8246

CF/

2003-09588
David Ostreicher, et al., appellants,
v Roslyn Ackerman, respondent.
(Index No. 17503/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 4, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8280

CF/

2003-06131
Mark A. Plimpton, respondent, v
Teresa Plimpton, appellant.
(Index No. 10097/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 28, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8253

E/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2004-00889
Justine McAllister Roach, etc., respondent,
v Pellegrino J. Tozzo, etc., et al., appellants,
et al., defendant.

(Index No. 7317/93)

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 January 16, 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.

PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8306

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-03238

Amy Robbins, etc., plaintiff-respondent,
v West Babylon Junior High School, et al.,
defendants-respondents, Nassau Suffolk
Football League, appellant.
(Index No. 13658/01)

DECISION & ORDER ON MOTION

By order of this court dated November 24, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 3, 2003, on or before December 26, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8308

J/sl

2003-07471
Marguerite Sagiv, respondent, v
City of New York, appellant, New York
City Transit Authority, defendant.
(Index No. 49713/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 18, 2003.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8260

S/sl

2003-05736
ORDER ON APPLICATION
Janet Olivia Scantlebury, appellant, v
New York City Health & Hospitals Corporation,
respondent.

(Index No. 27252/00)

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, Kings County, dated May 22, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before March 9, 2004.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8256

CF/

2003-08286
Seaview Jewish Center-Yeshira Torah
M'Zion, appellant, v Long Island Foundation
for Education, et al., respondents.
(Index No. 3496/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 14, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8236

CF/

2003-09068
Alcira Silva, respondent, v
Pamela Dawson, appellant.
(Index No. 18690/01)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated September 17, 2003.

Upon the stipulation of the parties, dated February 11, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8295

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-07959

Robert Simeone, appellant, v Incorporated Village
of Valley Stream, et al., respondents.
(Index No. 7592/02)

DECISION & ORDER ON MOTION

By order of this court dated February 25, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Nassau County, dated July 18, 2002, on or before April 21, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7469

C/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2003-11415
Marvin Singer, appellant, v
Susan Singer, respondent.
(Index No. 19977/99)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated December 17, 2003, for leave to appeal to this court from stated portions of the order and to stay enforcement of the order pending the hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary (see CPLR 5701[a][2]); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order pending the hearing and determination of the appeal is granted to the limited extent that so much of the order as precluded the appellant from proffering testimony or evidence as to any claims of separate property or equitable distribution if he did not pay the interim attorney's fee by a date certain is stayed on condition that the appeal is perfected on or before March 26, 2004, without prejudice to the respondent pursuing any other appropriate remedy in the event the appellant fails to pay the interim attorney's fee, if she be so advised, and that branch of the motion is otherwise denied; 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, or the respondent may move to vacate the stay on three days' notice; and it is further,

ORDERED that on the court's own motion, a five-day toll shall be added to the computation of time within which the appellant was given to comply with the provision of the order dated December 17, 2003, directing him to pay an interim attorney's fee.

ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8233

CF/

2003-10609
Soon Ja Choe, respondent, v
Han Ah Reum, appellant.
(Index No. 10900/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 3, 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

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8299

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-00842

Stern's Department Stores, Inc., respondent,
v Little Neck Dental, etc., et al., appellants,
et al., defendants.

(Index No. 19545/97)

DECISION & ORDER ON MOTION

By order of this court dated September 25, 2003, the appellants were directed to perfect an appeal from a judgment of the Supreme court, Queens County, dated December 23, 2002, on or before November 21, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8277

CF/

2003-09437
Tokyo Leasing (USA), Inc., respondent, v
Anna Gargiulo, appellant.
(Index No. 294/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 10, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8255

CF/

2003-10109
John Valencia, respondent, v New York
City School Construction Authority, et al.,
appellants.
(Index No. 31205/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 24, 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8239

CF/

2003-04916
Carol Versacio, respondent, v Antonella
LaVerde, appellant, et al., defendants.

(Index No. 13267/99)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Richmond County, dated May 9, 2003.

Upon the stipulation of the parties, dated January 29, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8243

CF/

2003-10961
Arthur Wojownik, appellant, v
21 Building Corp., et al., respondents.
(Index No. 11998/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 13, 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

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8273

O/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2004-01175
In the Matter of Susan G. (Anonymous).
George G. (Anonymous), appellant;
Sheri G., et al., (Anonymous), respondents.
(Index No. 21845/02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Westchester County, entered February 3, 2004, pending hearing and determination of an appeal therefrom.

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., SMITH, GOLDSTEIN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8304

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-03284

In the Matter of David Mack, appellant,
v Frank Tracy, et al., respondents.
(Index No. 4669/02)

DECISION & ORDER ON MOTION

By order of this court dated November 12, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Dutchess County, dated March 7, 2003, on or before December 19, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8289

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-07322

In the Matter of Katrina M. McMillan, appellant,
v New York State Division of Human Rights, et al.,
respondents.
(Index No. 30216/01)

DECISION & ORDER ON MOTION

By order of this court dated August 21, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Kings County, dated June 3, 2002, on or before September 29, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8218

J/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA, JJ.

2003-11089
In the Matter of John Meyers, appellant,
v Wendy Beiner, respondent.
(Docket No. F-00484/99)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated January 28, 2004, in the above-entitled matter is amended (1) by deleting from the caption thereof following the name "John Meyers" the word "respondent," and substituting therefor the word "appellant," and (2) by deleting from the caption thereof following the name "Wendy Beiner" the word "appellant," and substituting therefor the word "respondent."

ALTMAN, J.P., S. MILLER, KRAUSMAN 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

M7616

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-08323, 2003-08333

The People, etc., respondent,
v Norman Baker, a/k/a Eddie Cruz, appellant.

(Ind. Nos. 3417/01, 1182/02)

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 Supreme Court, Queens County, both rendered May 5, 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 the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

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

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

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

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that the appellant's time to perfect the 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 or her representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 2867

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7659

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-10085

The People, etc., respondent,
v Keenan Baskerville, appellant.
(Ind. No. 8198/02)

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

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered September 23, 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 granted; and it is further,

ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the 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, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated in or referred to in the report; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her 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.

FLORIO, J.P., KRAUSMAN, SCHMIDT, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 0224

Upstate Corr. Fac.

Box 2001

Malone, New York 12953

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7612

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10596

The People, etc., respondent,
v Frank Baylor, appellant.

(Ind. No. 238/02)

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 Supreme Court, Queens County, rendered November 12, 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 6111

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7652

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-05024

The People, etc., respondent,
v Yakob Benshimon, appellant.

(Ind. No. 7602/99)

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, Kings County, rendered April 30, 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 2495

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7641

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10894

The People, etc., respondent,
v Yussel Berrios, appellant.

(Ind. No. 4700/01)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered November 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 R 5988

Ulster Corr. Fac.

Box 800

Napanoch, New York 12458

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7636

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-06462

The People, etc., respondent,
v Troy Brown, appellant.

(Ind. No. 713/01)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered June16, 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 3487

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8313

K/sl

GLORIA GOLDSTEIN, J.

2004-01574
The People, etc., respondent,
v David Carr, appellant.
(Ind. No. 901/02)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Suffolk County, rendered February 23, 2004, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.

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

ORDERED that the motion is denied.

GLORIA GOLDSTEIN

Associate Justice

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7646

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-06138, 2003-06139

The People, etc., respondent,
v Dexter Carter, a/k/a Bernard Carter, appellant.

(Ind. Nos. 5962/01, 6628/01)

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

Motion by the appellant pro se for leave to prosecute appeals from two judgments of the Supreme Court, Kings County, both rendered November 12, 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 in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeals, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 6139

Adirondack Corr. Fac.

Box 110

Ray Brook, New York 12977

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7642

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10084

The People, etc., respondent,
v Enrico Cato, appellant.

(Ind. No. 1116/03)

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 Supreme Court, Kings County, rendered October 9, 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 R 5465

Mohawk Corr. Fac.

Box 8450

Rome, New York 13440

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7800

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-01276

The People, etc., respondent,
v Glenn Clinkscales, appellant.
(Ind. No. 3775/99)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved
of Assignment

Motion by counsel assigned to represent the appellant before the Supreme Court, Richmond County, in connection with proceedings pursuant to Correction Law § 168-n to be relieved of an assignment to prosecute an appeal from a determination of the Supreme Court, Richmond County, dated January 10, 2003, and to assign new counsel to represent the appellant on the appeal.

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

ORDERED that the motion is granted, and the former counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that pursuant to Correction Law article 6-C the appellant's status as a poor person continues on appeal; 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 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.

PRUDENTI, P.J., FLORIO, TOWNES, 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

M8136

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2003-08678

The People, etc., respondent,
v Charles Cummings, appellant.
(Ind. No. 00001C/93)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved
of Assignment

Motion by counsel assigned to represent the appellant before the Supreme Court, Richmond County, in connection with proceedings pursuant to Correction Law § 168-n to be relieved of an assignment to prosecute an appeal from a determination of the Supreme Court, Richmond County, dated August 22, 2003, and to assign new counsel to represent the appellant on the appeal.

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

ORDERED that the motion is granted, and the former counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that pursuant to Correction Law article 6-C the appellant's status as a poor person continues on appeal; 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.

PRUDENTI, P.J., GOLDSTEIN, LUCIANO, 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

M7945

NANCY E. SMITH, J.

2003-09816
The People, etc., plaintiff,
v Dennis Flanagan, defendant.
(Ind. No. 10652/93)

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 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.

NANCY E. SMITH

Associate Justice

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7943

NANCY E. SMITH, J.

2003-10299
The People, etc., plaintiff,
v Dennis Flanagan, defendant.
(Ind. No. 10652/93)

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 June 24, 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.

NANCY E. SMITH

Associate Justice

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4067

S/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

HOWARD MILLER, JJ.

2003-05782
The People, etc., respondent,
v Victor Fuggetta, appellant.
(Ind. No. 162/98)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved
of Assignment

Motion by counsel assigned to represent the appellant before the Supreme Court, Richmond County, in connection with proceedings pursuant to Correction Law § 168-n to be relieved of an assignment to prosecute an appeal from a determination of the Supreme Court, Richmond County, dated May 23, 2003, and to assign new counsel to represent the appellant 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 granted, and the former counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that pursuant to Correction Law article 6-C the appellant's status as a poor person continues on appeal; 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.

RITTER, J.P., SMITH, GOLDSTEIN 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

M7654

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-06048

The People, etc., respondent,
v Michael Gambrell, appellant.

(Ind. No. 3435/01)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered March 17, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 1629

Mid-State Corr. Fac.

Box 2500

Marcy, New York 13403

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7591

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2003-01011

The People, etc., respondent,
v Richard Goodman, appellant.

(Ind. No. 144/02)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered January 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 granted; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her 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.

KRAUSMAN, J.P., TOWNES, COZIER, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 R 0224

Mohawk Corr. Fac.

6100 School Road - Box 8451

Rome, New York 13442

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7643

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10533

The People, etc., respondent,
v Oren Goodwin, appellant.

(Ind. No. 142/03)

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 Supreme Court, Kings County, rendered October 27, 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 R 5679

Ulster Corr. Fac.

Box 800

Napanoch, New York 12458

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8286

E/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2001-09784
The People, etc., respondent,
v Khaldoun Hussari, appellant.
(Ind. No. 6052/00)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Kings County, rendered October 31, 2001, for leave to enlarge the record on appeal to include the transcripts of certain proceedings before the Supreme Court, Kings County, and certain medical records of the defendant.

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

ORDERED that the motion is granted, and the record on appeal is enlarged to include the following: the transcripts of the proceedings on April 5, 2001, May 17, 2001, May 24, 2001, and July 18, 2001; the order of the Supreme Court, Kings County, dated April 5, 2001; the defendant's medical records from the New York Health and Hospital Corporation Correctional Services Health for the periods June 1999 to December 1999 and August 2000 to October 2001; the defendant's inpatient and outpatient records at the Central New York Psychiatric Center; and the defendant's medical records at the Great Meadow Correctional Facility.

ALTMAN, J.P., KRAUSMAN, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

00 A 0029

Box 3600

Marcy, New York 13403

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7589

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2004-00114

The People, etc., respondent,
v Nerley Jean, appellant.

(Ind. No. 8145/02)

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 Supreme Court, Kings County, rendered December 22, 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her 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.

FLORIO, J.P., KRAUSMAN, SCHMIDT, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7959

HOWARD MILLER, J.

2004-00220
The People, etc., plaintiff,
v Kenneth Kirkland, defendant.
(Ind. No. 5211/84)

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 December 8, 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.

HOWARD MILLER

Associate Justice

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7639

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10889

The People, etc., respondent,
v Melvin Kross, appellant.

(Ind. No. 1284/02)

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 Supreme Court, Kings County, rendered November 3, 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 6423

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7614

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-01312

The People, etc., respondent,
v Robert Lemmo, appellant.

(Ind. No. 211/02)

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 Supreme Court, Queens County, rendered September 25, 2002, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 R 5100

Camp Georgetown Facility

3191 Krombhill Road

Georgetown, New York 13072

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7633

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10597

The People, etc., respondent,
v Michael Lott, appellant.

(Ind. No. 11018/01)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered October 31, 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 5933

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7583

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-11369

The People, etc., respondent,
v Charles Mack, appellant.
(Ind. No. 2205/03)

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

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered October 8, 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 granted; and it is further,

ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her 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., GOLDSTEIN, CRANE, RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 R 5408

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8138

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-09488
The People, etc., respondent,
v Robert Masters, appellant.
(Ind. No. 4768/92)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated September 12, 2003, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person 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 continues on appeal; 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

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

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7634

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-08172

The People, etc., respondent,
v Derrick McFadden, appellant.

(Ind. No. 10912/01)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered September 9, 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 R 5838

Ulster Corr. Fac.

Box 800

Napanoch, New York 12458

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6703

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2002-10164

The People, etc., respondent,
v Issac Mizrahi, appellant.

(Ind. No. 9501/99)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered September 4, 2002, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her 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.

SANTUCCI, J.P., S. MILLER, GOLDSTEIN, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 R 4725

Gouverneur Corr. Fac.

Box 480

Gouverneur, New York 13642

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7585

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2001-03615

The People, etc., respondent,
v Orville Morgan, appellant.

(Ind. No. 10415/00)

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, Queens County, rendered April10, 2001, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her 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.

KRAUSMAN, J.P., TOWNES, COZIER, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 R 6030

Ulster Corr. Fac.

Box 800

Napanoch, New York 12458

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7595

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-05156, 2003-05987, 2003-05990

The People, etc., respondent,
v Ricardo Munquia, appellant.
(Ind. Nos. 4043/96, 280/98, 3118/00)

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

Renewed motion by the appellant pro se for leave to prosecute appeals from three judgments of the Supreme Court, Queens County, all rendered May 29, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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, H. MILLER, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 3073

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7635

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-09490

The People, etc., respondent,
v Ivan Obregon, appellant.

(Ind. No. 592/03)

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 Supreme Court, Queens County, rendered October 23, 2003, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 R 5647

Ogdensburgh Corr. Fac.

One Correction Way

Ogdensburgh, New York 13669

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8110

REINALDO E. RIVERA, J.

2004-00611
The People, etc., plaintiff,
v Michael Pack, defendant.
(Ind. No. 10603/97)

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 January 8, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

REINALDO E. RIVERA

Associate Justice

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7656

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-11243

The People, etc., respondent,
v Brian Payton, appellant.

(Ind. No. 10038/03)

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 Supreme Court, Queens County, rendered December 11, 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 R 6316

Watertown Corr. Fac.

23147 Swan Road

Watertown, New York 13601

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7590

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-08252

The People, etc., respondent,
v Hector Pepin, appellant.

(Ind. No. 696/03)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered May 15, 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her 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.

FLORIO, J.P., KRAUSMAN, SCHMIDT, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 R 2907

Arthur Kill Corr. Fac.

2911 Arthur Kill Road

Staten Island, New York 10309

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7615

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10829

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

(Ind. No. 4304/97)

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, Queens County, rendered December 1, 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 6450

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7658

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-02609

The People, etc., respondent,
v Aurelio Roman, appellant.

(Ind. No. 3247/02)

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 Supreme Court, Kings County, rendered March 12, 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 1658

Upstate Corr. Fac.

Box 2000 - 209 Bare Hill Road

Malone, New York 12953

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8251

CF/

2001-05075
The People, etc., respondent,
v Hector Romero, appellant.
(Ind No. 2037/00)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Queens County, rendered May 24, 2001.

Upon the stipulation of the parties, dated February 9, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8252

CF/

2001-07776
The People, etc., respondent,
v Hector Romero, appellant.
(Ind. No. 2001/00)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Queens County, rendered August 15, 2001.

Upon the stipulation of the parties, dated February 9, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7638

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-09263

The People, etc., respondent,
v Piero Russotto, appellant.

(Ind. No. 1074/03)

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 Supreme Court, Queens County, rendered September 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 5250

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7653

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10102

The People, etc., respondent,
v Piero Russotto, appellant.

(Ind. No. 8314/02)

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 Supreme Court, Kings County, rendered October 22, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 5250

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7640

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10896

The People, etc., respondent,
v Manuel Santos, appellant.

(Ind. No. 2774/02)

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 Supreme Court, Kings County, rendered November 17, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 6216

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7596

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2002-02616

The People, etc., respondent,
v Giovanni Smith, appellant.
(Ind. No. 8623/00)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered March 6, 2002, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her 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.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 A 1700

Mid-State Corr. Fac.

Box 2500

Marcy, New York 13403

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7613

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-11090

The People, etc., respondent,
v Darryl Snyder, appellant.

(Ind. No. 1332/99)

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 resentence of the judgment of the Supreme Court, Queens County, rendered December 2, 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

00 A 5784

Attica Corr. Fac.

Box 149

Attica, New York 14011

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8139

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-04728
The People, etc., respondent,
v Joseph Villane, appellant.
(Ind. No. 325/02)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

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

M8111

REINALDO E. RIVERA, J.

2004-00701
The People, etc., plaintiff,
v Abdul Sammy Wahedi, defendant.
(Ind. No. 904-97)

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, Suffolk County, dated January 5, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

REINALDO E. RIVERA

Associate Justice

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7587

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2003-10083

The People, etc., respondent,
v Anthony Williams, appellant.

(Ind. No. 7350/02)

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 Supreme Court, Kings County, rendered November 6, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her 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.

KRAUSMAN, J.P., TOWNES, COZIER, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 6031

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7637

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10598

The People, etc., respondent,
v Timothy Williams, appellant.

(Ind. No. 3574/01)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered October 16, 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 2602

Five Points Corr. Fac.

State Rte. 96 - Box 119

Romulus, New York 14541

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8135

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-04263

The People, etc., respondent,
v Tony Williams, a/k/a Paul McMillen, appellant.
(Ind. No. 429/94)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved
of Assignment

Motion by counsel assigned to represent the appellant before the Supreme Court, Richmond County, in connection with proceedings pursuant to Correction Law § 168-n to be relieved of an assignment to prosecute an appeal from a determination of the Supreme Court, Richmond County, dated April 8, 2003, and to assign new counsel to represent the appellant on the appeal.

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

ORDERED that the motion is granted, and the former counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that pursuant to Correction Law article 6-C the appellant's status as a poor person continues on appeal; 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.

PRUDENTI, P.J., S. MILLER, H. MILLER, 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

M7593

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-06453

The People, etc., respondent,
v Jacqueline Wimberly, appellant.
(Ind. No. 3807/01)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered July 14, 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her 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., GOLDSTEIN, CRANE, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 G 0722

Albion Corr. Fac.

3595 State School Road

Albion, New York 14411

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8134

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-04265

The People, etc., respondent,
v Jamal Wingate, appellant.
(Ind. No. 449/96)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved
of Assignment

Motion by counsel assigned to represent the appellant before the Supreme Court, Richmond County, in connection with proceedings pursuant to Correction Law § 168-n to be relieved of an assignment to prosecute an appeal from a determination of the Supreme Court, Richmond County, dated April 8, 2003, and to assign new counsel to represent the appellant on the appeal.

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

ORDERED that the motion is granted, and the former counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that pursuant to Correction Law article 6-C the appellant's status as a poor person continues on appeal; 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.

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

ENTER:

James Edward Pelzer

Clerk