APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8249
Y/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-00854, 2003-07480, 2003-08113, 2003-10795, 2003-10984 ADC Orange, Inc., respondent, v Coyote Acres, Inc., appellant. (Index No. 2458/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the hearing and determination of appeals from two orders of the Supreme Court, Orange County, both dated November 25, 2003, and to have those appeals heard together with appeals from two orders of the same court dated December 11, 2002, and August 3, 2003, respectively, and a judgment of the same court dated March 4, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the appeals will be calendared together and will be argued or submitted on the same day, and the motion is otherwise denied.
SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8411
C/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-08835, 2004-00794 Lori Bellini, respondent, v Andy Bellini, appellant. (Index No. 201610/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the enforcement of stated portions of an order of the Supreme Court, Nassau County, dated September 3, 2003, pending hearing and determination of appeals from that order and an order of the same court dated December 17, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8415
C/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
SONDRA MILLER
HOWARD MILLER, JJ.
|
2002-10754 Jacob J. Briggs, Jr., etc., et al., appellants, v Rhinebeck Central School District, et al., respondents. (Index No. 504/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Dutchess County, dated October 31, 2002, which was determined by decision and order of this court dated December 1, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
RITTER, J.P., FLORIO, S. MILLER and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8410
C/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-01439 Louis Galanos, respondent, v Suzanne Galanos, appellant. (Index No. 5337/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of stated portions of an order of the Supreme Court, Dutchess County, dated January 30, 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.
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8414
C/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2002-10460, 2003-00410 Nicole Gibson, plaintiff-respondent, v Bally Total Fitness Corporation, defendant-respondent, et al., defendant, 80-02 Leasehold Company, appellant. (Index No. 22953/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue appeals from two orders of the Supreme Court, Queens County, dated October 7, 2002, and December 5, 2002, respectively, which were determined by decision and order of this court dated November 17, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SANTUCCI, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8241
Y/mv
DAVID S. RITTER, J.P.
NANCY E. SMITH
SONDRA MILLER
THOMAS A. ADAMS, JJ.
|
2001-05268 Brian Lustenring, et al., plaintiffs-respondents, v 98-100 Realty, LLC, defendant fourth third-party plaintiff-appellant, Sea Cargoes, Inc., et al., defendants-appellants, Nicholas Govas, defendant third third-party plaintiff-appellant, Leonard Zigelbaum, et al., defendants third-party plaintiffs-respondents; Rector Street Parking, Inc., et al., third-party and third third-party defendant-appellant; City of New York, third-party, third third-party, and fourth third-party defendant-appellant; et al., fourth third-party defendants (and another title). (Index No. 7538/98)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs-respondents for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated April 12, 2001, which was determined by decision and order of this court dated November 24, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
RITTER, J.P., SMITH, S. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8453
M/mv
|
2003-05900 Anne Mahoney, appellant, v Colette A. Seaman, respondent. (Index No. 10197/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated May 16, 2003.
ORDERED that the application is granted and the brief that was submitted to the Clerk of this court on February 27, 2004, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8451
C/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2003-04552
Steven Nieves, appellant, v Admiral Cooling & Heating, LLC, et al., respondents.
(Index No. 20542/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated April 1, 2003, to enlarge the record to include the entire transcript of the appellant's examination before trial and to enlarge the time to perfect the appeal. By decision and order on motion of this court dated December 22, 2003, the motion was held in abeyance, and the matter was remitted to the Supreme Court, Kings County, to report on the issue of whether it considered the entire transcript of the plaintiff's examination before trial in determining the motion which resulted in the order dated April 1, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, and the report of the Supreme Court, Kings County, it is
ORDERED that the motion is granted, and the record on appeal is enlarged to include the entire transcript; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until March 30, 2004, the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8438
E/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-07430 Primerica Life Insurance Company, plaintiff, v Karen P. Roemer, etc., et al., defendants-appellants, Ruth Haines, etc., defendant-respondent, et al., defendants. (Index No. 2810/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated July 16, 2003, and for leave to prosecute the appeal on the original papers.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the appellants' time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing their brief on the appeal is enlarged until April 15, 2004.
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8446
E/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-03575
Robert Rice, et al., appellants, v Bernadette Schaefer, et al., respondents. (Index No. 3035/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered March 5, 2003, for failure to timely perfect the same.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8431
E/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-06675 Milette Shanon, respondent, v Jerome D. Patterson, appellant. (Index No. 6345/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 4, 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 it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until March 31, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8434
E/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-03649 Faige Shechet, respondent, v Jacob Shechet, appellant. (Index No. 6643/85)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated February 25, 2003, pending hearing and determination of an appeal therefrom, for leave to prosecute the appeal as a poor person, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to enlarge time is granted, the appellant's time to perfect the appeal is enlarged until April 5, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied.
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7826
M/mv
|
2004-01054 Franziska Susskind, respondent, v Horst Susskind, appellant. (Index No. 02-07300)
| SCHEDULING ORDER |
Appeal by Horst Susskind from an order of the Supreme Court, Suffolk County, dated December 16, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8387
S/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-01405 Dominick Tavella, respondent, v Doris Tavella, defendant; Genevieve Lane LoPresti, nonparty-appellant.
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant to stay so much of an order of the Supreme Court, Nassau County, dated January 21, 2004, as sanctioned her in the sum of $1000.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the appeal in the above-entitled action and the motion for a stay are transferred to the Appellate Division, First Department, for hearing and determination; and it is further,
ORDERED that all further proceedings in connection with this appeal shall be conducted pursuant to the rules of the Appellate Division, First Department.
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8421
O/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-02835 Luis Zhuzhingo, plaintiff respondent-appellant, v State Bank and Trust Company, et al., defendants third-party plaintiffs-appellants-respondents, 38-50 Realty Corp., defendant third-party defendant- appellant-respondent, AG&G Construction Corp., defendant-appellant-respondent, Anthony I. Pilavas, defendant third-party defendant-appellant-respondent, Waves Car Wash, et al., defendants-respondents (and a related action). (Index No. 200/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent 38-50 Realty Corp. to stay the trial in the above-entitled action pending hearing and determination of appeals and cross appeals from an order of the Supreme Court, Queens County, dated February 19, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8175
M/mv
|
2003-05549, 2003-10075, 2003-10076 In the Matter of Michelle Bouie, appellant, v Juan E. Arvelo, respondent. (Docket No. V-13543/03)
| SCHEDULING ORDER |
Appeals by Michelle Bouie from an order of the Family Court, Kings County, dated June 24, 2003, and an order and an amended order of the same court both dated November 10, 2003. By decision and order on motion of this court dated February 13, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:
Yasmin Daley-Duncan, Esq.
218 Smith Street
Brooklyn, New York 11201
(718) 284-3575
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated February 13, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8413
C/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-09857
In the Matter of Evelyn Castiglione, appellant, v Ronald Castiglione, respondent. (Docket No. F-2429/01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, entered October 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 opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated January 5, 2004, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until April 15, 2004.
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7744
M/mv
|
2004-00882 SCHEDULING ORDER In the Matter of Arthur L. Coleman, appellant, v Suzanne Coleman, respondent. (Docket No. F-00070/02)
|
Appeal by Arthur L. Coleman from an order of the Family Court, Westchester County, dated December 30, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8181
M/mv
|
2003-11208 SCHEDULING ORDER In the Matter of Rosalie Dirma, respondent, v Walter Dirma, appellant. (Docket No. F-12605/03)
|
Appeal by Walter Dirma from an order of the Family Court, Suffolk County, dated November 18, 2003. By decision and order on motion of this court dated February 19, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7767
M/mv
|
2003-05779, 2004-00618 In the Matter of Malik J. (Anonymous). St. Christopher Ottilie, respondent; Donna F., etc. (Anonymous), appellant. (Proceeding No. 1)
In the Matter of "Female" G., etc. (Anonymous). St. Christopher-Ottilie, respondent; Donna F., etc. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-13537-99, B-5103-00)
| SCHEDULING ORDER |
Appeals by Donna F. from two orders of the Family Court, Queens County, both dated April 22, 2003. By decision and order on motion of this court dated February 5, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:
Daniel P. Moskowitz, Esq.
90-50 Parsons Blvd.- Suite 401
Jamaica, New York 11432
(718) 812-8248
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated February 5, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8183
M/mv
|
2003-11467 SCHEDULING ORDER In the Matter of Diana Jaramillo, respondent, v Jose Correa, appellant. (Docket No. P-2200/03)
|
Appeal by Jose Correa from an order of the Family Court, Kings County, dated November 28, 2003. By decision and order of this court dated February 19, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8271
Y/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-00961 In the Matter of Le Havre Tenants Association, Inc., petitioner, v New York State Division of Housing and Community Renewal, respondent. (Index No. 951/03)
| DECISION & ORDER ON MOTION |
Motion by the New York State Division of Housing and Community Renewal for leave to appeal to this court from an order of the Supreme Court, Queens County, dated November 12, 2003, and to stay enforcement of so much of the order as directed it of to serve an answer within 20 days after service of the order with notice of entry, pending hearing and determination an appeal therefrom. Cross application by the petitioner for leave to cross appeal from the same order.
Upon the papers filed in support of the motion and cross application and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is for a stay is granted and enforcement of so much of the order as directed the appellant to serve an answer within 20 days after service of the order with notice of entry, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 29, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 29, 2004, the court, on its own motion, may vacate the stay, or the petitioner may move to vacate the stay, on three days notice; and it is further,
ORDERED that the cross application is denied without prejudice to renewal upon a proper motion (see CPLR 8002).
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8443
E/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-10838 In the Matter of James Murray, appellant, v Suffolk County Department of Social Services, et al., respondents. (Index No. 12392/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated August 18, 2003, inter alia, for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied in all respects.
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8392
S/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-00017 In the Matter of New York City Housing Authority, petitioner-respondent, v Catherine Stringer, etc., respondent-respondent; Sheryl Walker, nonparty-appellant. (Index No. 21996/03)
| DECISION & ORDER ON MOTION |
Appeal by Sheryl Walker from an order of the Supreme Court, Queens County, dated November 25, 2003.
Now, on the court's own motion, it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that the appellant is not aggrieved by the order appealed from (see Katz v Katz, 279 AD2d 454), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before April 2, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8177
M/mv
|
2003-06350 In the Matter of Jennifer R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Gordana K. (Anonymous), appellant; Steven R. (Anonymous), respondent. (Proceeding No. 1) (Docket Nos. N-2457-99, N-2458-99) In the Matter of Steven R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Gordana K. (Anonymous), appellant; Steven R. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. N-2461-99, N-2462-99)
| SCHEDULING ORDER |
Appeal by Gordana K. from an order of the Family Court, Suffolk County, dated June 10, 2003. By decision and order on motion of this court dated February 17, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
James D. Reddy, Esq.
873 South Seventh Street
Lindenhurst, New York 11757
(631) 225-2846
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated February 17, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8188
M/mv
|
2003-11218 SCHEDULING ORDER In the Matter of Aaron S. (Anonymous). Orange County Department of Social Services, respondent; Hector V. (Anonymous), appellant. (Docket No. B-7051/02)
|
Appeal by Hector V. from an order of the Family Court, Orange County, dated October 7, 2003. By decision and order on motion of this court dated February 19, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Matthew B. Tully, Esq.
P.O. Box 491
Hunter, New York 12442
(518) 263-4249
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated February 19, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8194
M/mv
|
2003-05173 In the Matter of David Wissink, respondent, v Jane Wissink, appellant. (Docket No. V-691/03)
| SCHEDULING ORDER |
Appeal by Jane Wissink from an order of the Family Court, Orange County, dated May 9, 2003. By decision and order of this court dated February 20, 2004, the appellant's assigned counsel was relieved of the assignment and the appellant's application to proceed pro se was granted. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3) or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8242
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
1993-07657 The People, etc., respondent, v Anthony Blue, appellant. (Ind. No. 5604/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered October 12, 1993.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8105
F/
MYRIAM J. ALTMAN, J.
|
2003-06135 The People, etc., plaintiff, v Darren Breeden, defendant. (Ind. No. 5421/91)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated September 29, 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.
MYRIAM J. ALTMAN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8279
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
1993-09231 The People, etc., respondent, v James Butler, appellant. (Ind. No. 10906/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered November 24, 1993.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8452
S/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2002-09176 The People, etc., respondent, v Jose Delgadillo, appellant. (Ind. No. 01-01271)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated February 23, 2004, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered September 20, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the appellant's time to serve and file his supplemental brief is enlarged until April 23, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8276
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
1996-05584 The People, etc., respondent, v Junior Fanfair, appellant. (Ind. No. 6347/95)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered April 9, 1996.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8244
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
1993-06029 The People, etc., respondent, v Jermaine Gardner, appellant. (Ind. No. 10928/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered September 8, 1993.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8290
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2003-07219
The People, etc., respondent, v Jamarray Goodson, appellant.
(Ind. No. 02-00967)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered July 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 relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Gary Eisenberg, Esq.
129 Brooks Avenue
Monroe, New York 10950
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., SMITH, GOLDSTEIN, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 4523
Washington Corr. Fac.
72 Lock 11 Lane - Box 180
Comstock, New York 12821
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8284
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
1994-06856 The People, etc., respondent, v Eric Howard, appellant. (Ind. No. 14180/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered July 13, 1994.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8245
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
1993-06027 The People, etc., respondent, v Bienvenido Irazarry, appellant. (Ind. No. 11380/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered August 17, 1993.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8285
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
1993-07073 The People, etc., respondent, v Jeffrey Jacox, appellant. (Ind. No. 8753/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered September 13, 1993, and pro se motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]); and it is further,
ORDERED that the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied as academic.
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8270
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
1993-05251 The People, etc., respondent, v Kevin James, appellant. (Ind. No. 11216/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered June 21, 1993.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8268
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
1994-00970 The People, etc., respondent, v Tommy James, appellant. (Ind. No. 14745/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered January 14, 1994.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., SMITH, GOLDSTEIN, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8265
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
1993-07079 The People, etc., respondent, v Darryl Jones, a/k/a Steve Jackson, appellant. (Ind. No. 2652/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered October 12, 1993.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., SMITH, GOLDSTEIN, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8275
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
1994-05093 The People, etc., respondent, v Kim Keyes, appellant. (Ind. No. 6478/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered May 31, 1994.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8106
F/
MYRIAM J. ALTMAN, J.
|
2003-10546 The People, etc., plaintiff, v Barnabas Louis, defendant. (Ind. No. 5864/99)
| 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 October 15, 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.
MYRIAM J. ALTMAN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8292
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2001-10012, 2001-10014 DECISION & ORDER ON MOTION The People, etc., respondent, v Troy Magee, appellant. (Ind. Nos. 2077-00, 1932-01)
|
On the court's own motion, it is
ORDERED that the decision and order on motion of this court, dated July 23, 2003, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on appeals from two judgments of the County Court, Suffolk County, both rendered October 29, 2001, is recalled and vacated; and it is further,
ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.
The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8238
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
1994-04666 The People, etc., respondent, v Maurice Mayo, appellant. (Ind. No. 7126/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered May 12, 1994.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8240
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
1993-05872 The People, etc., respondent, v Haynes Mendez, appellant. (Ind. No. 12113/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered July 30, 1993.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8293
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2003-02101 v Marcellus Morris, appellant. (Ind. No. 1223/02)
| The People , etc., respondent, DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered February 21, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
PRUDENTI, P.J., SMITH, GOLDSTEIN, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
03 A 1224
Clinton Corr. Fac.
Box 2001
Dannemora, New York 12929
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8235
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
1993-05253 The People, etc., respondent, v Simon Oshansky, appellant. (Ind. No. 11394/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered July 21, 1993.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8287
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-00661
The People, etc., respondent, v Clarence Pearl, appellant.
(Ind. No. 278/03)
| DECISION & ORDER ON MOTION |
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 County Court, Nassau County, rendered April 2, 2003, and for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to extend the time to take the appeal 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 branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction.
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8237
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
1993-07069 The People, etc., respondent, v Steven Raymond, appellant. (Ind. No. 7613/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered October 5, 1993.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8294
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2002-05704 The People, etc., respondent, v Lee Robinson, appellant. (Ind. No. 2304-01)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered April 23, 2002. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on February 10, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:
Monte Malik Chandler, Esq.
1738 Union Street - Suite 3F
Brooklyn, New York 11213
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Steven A. Feldman, Esq.
300 Rabro Drive
Hauppauge, New York 11788
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
00 A 2638
Mohawk Corr. Fac.
61 School Road
P.O. Box 8451
Rome, New York 13442
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8288
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-00265
The People, etc., respondent, v Francisco Soto, appellant.
(Ind. No. 02-01217)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered December 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 the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Stephen J. Pittari, Esq.
Legal Aid Society of Westchester Co.
One North Broadway, 9th Floor
White Plains, New York 10601
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., SMITH, GOLDSTEIN, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 6833
Clinton Corr. Fac.
P.O. Box 2000
Dannemora, New York 12929
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8412
S/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2002-10845 The People, etc., respondent, v Michael Sudbrink, appellant. (Ind. No. 2199/00)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated February 10, 2004, in the above-entitled case is amended by deleting from the preamble thereof the words "judgment" and "rendered" and substituting therefor the words "order" and "dated", respectively.
SMITH, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8301
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2000-10257, 2001-02096 The People, etc., respondent, v Boris Walker, appellant. (Ind. Nos. 1276-99, 885-00)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute appeals from two judgments of the County Court, Suffolk County, both rendered October 16, 2000. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on February 10, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:
Monte Malik Chandler, Esq.
1738 Union Street - Suite 3F
Brooklyn, New York 11213
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Channing Kury Esq.
15 Saratoga Street
Commack, New York 11725
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
00 A 5966
Green Haven Corr. Fac.
Box 4000
Stormville, New York 12582