Appellate Division: Second Judicial Department
M22180
CF/
|
2004-10276 Murray Bernstein, et al., respondents-appellants, v Temple Israel, appellant-respondent. (Index No. 21536/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent and the respondents-appellants to withdraw an appeal and a cross appeal from an order of the Supreme Court, Queens County, dated September 29, 2004.
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ORDERED that the application is granted and the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22206
O/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-06981 Michael S. Bradley, respondent, v Morgan Stanley & Company, Inc., et al., appellants.
(Index No. 3331/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, 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 June 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 granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22207
C/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
DAVID S. RITTER
GLORIA GOLDSTEIN, JJ.
|
2003-10046, 2004-04823 Luis Coque, plaintiff-respondent, v Wildflower Estates Developers, Inc., defendant third-party plaintiff respondent-appellant, Classic Construction, defendant appellant-respondent; City Wide Building Corp., third-party defendant appellant-respondent (and another third-party action).
(Index No. 18365/01)
| DECISION & ORDER ON MOTION |
Motion by the Attorney-General pursuant to Executive Law § 71 and CPLR 1012(b) for leave to intervene in appeals and a cross appeal from two orders of the Supreme Court, Queens County, dated October 9, 2003, and April 30, 2004, respectively, and to re-calendar the appeal. Application by the defendant third-party plaintiff respondent-appellant to limit the length of the Attorney-General's brief and to preclude the Attorney-General from filing a reply brief.
Upon the papers filed in support of the motion and application and the papers filed in opposition thereto, it is
ORDERED that the motion by the Attorney General for leave to intervene is granted; and it is further,
ORDERED that the Attorney-General shall serve and file a brief on or before March 14, 2005; and it is further,
ORDERED that the parties, if they be so advised, may file reply briefs to the Attorney-General's brief within 10 days after service upon them of the Attorney-General's brief; and it is further,
ORDERED that the appeals and cross appeal will be re-calendared once the Attorney-General's brief and any reply briefs are filed; and it is further,
ORDERED that the branch of the application which is to limit the length of the Attorney-General's brief is granted to the extent that the length of the Attorney-General's brief shall be in accordance with the rules of this court (see 22 NYCRR 670.10.3[a][3]), and that branch of the application is otherwise denied; and it is further,
ORDERED that the branch of the application which is to preclude the Attorney-General from filing a reply brief is denied as unnecessary.
PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22201
R/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-06763 Arlene Friedenberg, appellant, v 31 Calvary Drive Corp., et al., respondents. (Index No. 8331/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Rockland County, dated July 1, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22168
S/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2002-10366 God's Battalion of Prayer Pentecostal Church, Inc., appellant, v Miele Associates, LLP, respondent. (Index No. 12822/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, September 13, 2002, which was determined by decision and order of this court dated September 20, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
FLORIO, J.P., COZIER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22178
S/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2004-02971 Jack Ingold, et al., appellants, v Grace Tolin, defendant, Unique Design Home Builders, Inc., et al., respondents.
(Index No. 15624/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent Unique Home Builders, Inc., for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated February 27, 2004, which was determined by decision and order of this court dated November 8, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs
SANTUCCI, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22267
S/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2003-02261
Robert Melina, respondent, v Reithoffer Shows, Inc., appellant. (Index No. 3979/98)
| DECISION & ORDER ON MOTION |
The defendant having appealed to this court from a judgment of the Supreme Court, Kings County, entered February 4, 2003, and having perfected the appeal on December 5, 2003, the respondent having filed a brief on February 6, 2004, and the appellant having filed a reply brief on February 17, 2004, the matter was placed on this court's calendar for December 13, 2004. By letter dated December 10, 2004, the respondent's counsel advised this court, inter alia, that the action had been settled in or about June 2004. By letter also dated December 10, 2004, the appellant's counsel confirmed that the case had settled in June 2004 and submitted a stipulation withdrawing the appeal.
By order to show cause dated January 21, 2005, the appellant's counsel, Craig T. Heard, was directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against him pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate.
Now, on the court's own motion and upon the papers filed in opposition thereto, it is
ORDERED that within 20 days after the service upon him of a copy of this decision and order on motion, Craig T. Heard, Esq., counsel for the appellant, is directed to pay a sanction in the sum of $500 to the Lawyers' Fund for Client Protection of the State of New York (see 22 NYCRR 130-1.1[b]); and it is further,
ORDERED that the Clerk of the Supreme Court, Kings County, shall enter judgment accordingly (see 22 NYCRR 130-1.2); and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion upon counsel for the parties by regular mail.
Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).
Under the circumstances the failure of appellant's attorney, Craig T. Heard, to promptly advise this court that the action had been settled warrants imposition of sanctions in the amount indicated.
SANTUCCI, J.P., LUCIANO, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22167
S/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2003-11105 New York and Presbyterian Hospital, etc., respondent, v Allstate Insurance Company, appellant. (Index No. 8386/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Nassau County, November 17, 2003, which was determined by decision and order of this court dated November 22, 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, with $100 costs.
ADAMS, J.P., RITTER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22203
R/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-10038 Marian Parrish, respondent, v AA Plaza, LLC, f/k/a EAB Plaza, Inc., appellant.
(Index No. 26182/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated September 28, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22163
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO, JJ.
|
2003-08888, 2004-01103 Frank R. Provenzano, appellant, v Yevgeny Ioffe, defendant, Svetlana Ginzberg, et al., respondents. (Index No. 12400/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated November 1, 2004, which determined appeals from two orders of the Supreme Court, Kings County, dated August 11, 2003, and December 22, 2003, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., COZIER, KRAUSMAN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22174
CF/
|
2004-09723 Mariana Rodriguez, appellant, v Sung Hi Kim, et al., defendants, Petro Oil, Inc., respondent. (Index No. 15582/04)
| 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 October 13, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M22179
CF/
|
2004-09181 Erna Schloss, respondent, v Brianne J. Dryer, et al., appellants. (Index No. 22199/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 13, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M22172
CF/
|
2004-08067 Joanne E. Skelly, et al., respondents, v Thomas Ferguson, et al., appellants. (Index No. 10008/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 1, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M22239
S/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-02035
South Road Associates, LLC, respondent, v International Business Machines Corporation, appellant. (Index No. 174/00)
| DECISION & 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, Dutchess County, dated November 25, 2003.
Upon the papers filed in support of the application and the papers filed in relation thereto, it is
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 1, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22202
R/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-06517 Paul Sperry, appellant, v Crompton Corporation, et al., respondents.
(Index No. 17872/02)
| DECISION & ORDER ON MOTION |
Motions by the American Antitrust Institute and the State of New York for leave to file amicus curiae briefs on an appeal from an order of the Supreme Court, Nassau County, dated November 20, 2003.
Upon the papers filed in support of the motions and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motions are granted; and it is further,
ORDERED that the amici curiae shall serve and file their respective briefs on the parties, and file nine copies of each on or before March 23, 2005; and it is further,
ORDERED that no oral argument by the amici curiae shall be permitted; and it is further,
ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae briefs within 10 days after service upon them of each of the amicus curiae briefs.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22182
CF/
|
2005-01270 Janja Supe, respondent, v County of Nassau, appellant. (Index No. 1761/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 15, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M22215
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-10304
Nathaniel N. Williams, appellant, v Mark K. Lindenberg, etc., et al., respondents. (Index No. 1516/04)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Rockland County, dated July 29, 2004, on the ground that the appeal was not timely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22208
S/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
SONDRA MILLER
FRED T. SANTUCCI, JJ.
|
2004-03218, 2004-07314 Ferona Wint, etc., appellant, v ABN Amro Mortgage Group, Inc., respondent. (Index No. 22116-03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to admit Dawn M. Kehl, an attorney in good standing in the State of Illinois, pro hac vice to represent the respondent on appeals from two orders of the Supreme Court, Suffolk County, dated March 10, 2004, and July 13, 2004, respectively.
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.
FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22200
R/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-03204 William F. Wright, appellant, v Elmwood Park Condominium II, et al., respondents.
(Index No. 12155/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Richmond County, dated October 3, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until March 14, 2005, 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.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22176
CF/
|
2004-10221 In the Matter of Allstate Insurance Company, petitioner-respondent, v Lisa Y. Smith, et al., respondents, State Farm Mutual Insurance Company, appellant. (Index No. 3342/04)
| 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 October 7, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M22173
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-11333 In the Matter of Mario Flores, petitioner, v Board of Trustees of Village of Dobbs Ferry, etc., et al., respondents.
(Index No. 04-11463)
| DECISION & ORDER ON MOTION |
Motions by George Longworth and the Board of Trustees of Village of Dobbs Ferry for leave to appeal to this court from an order of the Supreme Court, Westchester County, dated November 10, 2004.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied.
FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22214
O/sl
A. GAIL PRUDENTI, P.J.
BARRY A. COZIER
DAVID S. RITTER
ROBERT A. SPOLZINO, JJ.
|
2004-08990, 2004-08991
In the Matter of Jo Ann Monticciolo, respondent, v Alfred Saracco, appellant.
(Docket No. F-1125-98)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, on appeals from two orders of the Family Court, Richmond County, both dated September 14, 2004, in effect, to amend so much of a decision and order on motion of this court dated January 12, 2005, as conditioned a stay and other relief upon its perfection of the appeals on or before March 1, 2005.
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 decision and order on motion of this court dated January 12, 2005, is amended by deleting from the decretal paragraphs thereof the date "March 1, 2005," and substituting therefor the date "May 2, 2005."
PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22213
S/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-10025 In the Matter of Kayson Pearson, petitioner, v Wilbur A. Levin, etc., et al., respondents.
| DECISION & ORDER ON APPLICATION |
Application by the petitioner pursuant to Judiciary Law § 509, inter alia, to direct the Commissioner of Jurors of Kings County and the Office of Court Administration to disclose to the petitioner's counsel all juror questionnaires and a record of persons who were found not qualified or disqualified or who were exempted or excused from jury service in Kings County, and the reasons therefor, from 1999 to the present, or to direct the Commissioner of Jurors of Kings County and the Office of Court Administration to provide those materials to the trial court.
Upon the papers filed in support of the application and the papers filed in relation thereto, it is
ORDERED that the application is denied.
FLORIO, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22238
S/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-05077
In the Matter of Christopher Pierro, respondent, v Michael William O'Connor, et al., appellants. (Index No. 5035/03)
| DECISION & ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated December 11, 2003.
Upon the papers filed in support of the application and upon the stipulation of the parties, it is
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 14, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22175
S/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2003-03017 The People, etc., respondent, v Carlos Berrios, appellant. (Ind. No. 3/01)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel to dismiss an appeal from a judgment of the Supreme Court, Queens County, rendered March 31, 2003, upon the death of appellant on April 19, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, the appeal is dismissed, and the matter is remitted to the Supreme Court, Queens County, for entry of an order vacating the judgment and dismissing the indictment pursuant to People v Mintz (see 20 NY2d 770).
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22236
S/sl
DANIEL F. LUCIANO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-10778 The People, etc., respondent, v Edwin Bisono, defendant. (Ind. No. 8695/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated January 20, 2005 in the above-entitled case is amended by deleting from the preamble and footer thereof the name "Biscono", and substituting therefor the name "Bisono".
LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22210
S/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-01088 The People, etc., respondent, v Albert Ermmarino, appellant. (Ind. No. 978-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered October 16, 2003, to be provided with transcripts of the proceedings in the above-entitled action free of charge.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED the motion is denied.
KRAUSMAN, J.P., MASTRO, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 5651
Butler Corr. Fac.
Box 400
Red Creek, New York 13143
Appellate Division: Second Judicial Department
M22217
S/sl
GLORIA GOLDSTEIN, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
1992-04070 The People, etc., respondent, v William Evans, appellant. (Ind. No. 74670)
| DECISION & ORDER ON MOTION |
Motion by appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered May 12, 1992, as amended June 1, 1992, which was determined by decision and order of this court dated February 14, 1995, for the assignment of counsel to prepare an application for a writ of error coram nobis to vacate the decision and order of this court dated February 14, 1995, on the ground of ineffective assistance of appellate counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
GOLDSTEIN, J.P., LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M21905
F/
HOWARD MILLER, J.
|
2005-00425 The People, etc., plaintiff, v Laurence Gregory, defendant. (Ind. No. 1868/00)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated November 22, 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.
HOWARD MILLER
Associate Justice
Appellate Division: Second Judicial Department
M22264
S/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-10719 The People, etc., respondent, v John Jackson, appellant. (Ind. No. 12816/94)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a purported judgment of the Supreme Court, Kings County, rendered November 10, 2004, for leave to prosecute the appeal from the purported judgment as a poor person, and for the assignment of counsel. By order to show cause dated January 26, 2005, the appellant was ordered to show cause before this court, why an order should or should not be entered dismissing the appeal from the purported judgment on the ground that no appeals lie from the purported judgment, as the purported judgment is nothing more than a proceeding to cause a judgment of the same court rendered March 24, 1995, to be brought to execution (see People v Crawford, 239 AD2d 515).
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed (see People v Crawford, 239 AD2d 515); and it is further,
ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied as academic.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M21906
F/
FRED T. SANTUCCI, J.
|
2005-00164 The People, etc., plaintiff, v John Jamison, defendant. (Ind. No. 7978/88)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated November 18, 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.
FRED T. SANTUCCI
Associate Justice
Appellate Division: Second Judicial Department
M22171
S/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
1998-04244 The People, etc., respondent, v Kareem Joyner, appellant. (Ind. No. 6622/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an application for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this court dated March 3, 2003 (People v Joyner, 303 AD2d 421), affirming a judgment of the Supreme Court, Kings County, rendered April 6, 1998, which was determined by decision and order of this court dated November 8, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., ADAMS, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22084
PL/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-01888 The People, etc., respondent, v Jeffrey Justino, appellant. (Ind. No 03-00639)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel, in effect, to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Orange County, rendered March 1, 2004, to substitute the law firm of Rochman, Platzer, Fallick, Sternheim, Luca & Pearl, LLP as retained counsel, and to continue the appellant's status as a poor person. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on October 21, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Greg Rinckey, Esq.
3 Wembly Court
Albany, New York 12205
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 branch of the motion which is to be relieved as counsel and substitute the law firm of Rochman, Platzer, Fallick, Sternheim, Luca & Pearl, LLP, as retained counsel is granted and Greg Rinckey, Esq., is relieved as counsel for the appellant and Rochman, Platzer, Fallick, Sternheim, Luca & Pearl, LLP, is substituted as retained counsel for the appellant; and it is further,
ORDERED that assigned counsel is directed to turn over all papers in the action, including transcripts of hearings and the trial, to the Clerk of this court; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until March 11, 2005; and it is further,
ORDERED that the motion is otherwise denied.
ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22230
C/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2004-04728 The People, etc., respondent, v Frank LaPetina, appellant. (Ind. No. 540/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of Supreme Court, Queens County, rendered June 29, 2004, for leave to renew that branch of his prior motion which was to continue the provisions of the decision and order on motion of this court dated June 3, 2004, issued pursuant to CPL 530.45, as extended by decision and order on motion of this court dated September 23, 2004, pending hearing and determination of the appeal, which was denied by decision and order on motion of this court dated January 28, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and upon renewal, so much of the decision and order on motion of this court dated January 28, 2005, as denied that branch of the appellant's motion which was to continue the provisions of the decision and order on motion of this court dated June 3, 2004, issued pursuant to CPL 530.45, as extended by decision and order on motion of this court dated September 23, 2004, is recalled and vacated, and that branch of the appellant's motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until June 1, 2005, and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the provisions of the decision and order on motion of this court dated June 4, 2004, which released the appellant on bail of $250,000 are continued pending hearing and determination of the appeal; and it is further,
ORDERED that if the appeal is not perfected by June 1, 2005, the provisions of the order dated June 4, 2004, shall terminate, and this decision and order on motion shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court for execution of sentence; and it is further,
ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the Clerk of the court from which the appeal is taken.
FLORIO, J.P., SCHMIDT, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22170
S/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2003-04314, 2003-08947, 2004-08934
The People, etc., respondent, v Angel Maldonado, appellant.
(Ind. Nos. 2340-99, 891-01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated January 24, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant to consolidate appeals from two judgments of the County Court, Suffolk County both rendered April 25, 2003, and an appeal from an order of the same court dated August 24, 2004, and, in effect, for leave to prosecute the appeal from the order as a poor person, and for the assignment of counsel. Application by the respondent to enlarge the time to serve and file a brief on the appeals from the judgments and for leave to file one brief on the appeals from the judgment and the appeal from the order.
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 to consolidate the appeals is granted to the extent that the appeals from the judgments shall be heard together with the appeal from the order, and the appeals shall be calendared together, and argued or submitted on the same day, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order as a poor person, and for the assignment of counsel is granted; and it is further,
ORDERED that the appeal from the order dated August 24, 2004, 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 hearing on the motion, 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 the proceeding 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co., - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal from the order is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the branch of the application to enlarge the time to serve and file a brief on the appeals from the judgments is granted and the respondent shall serve and file that brief on or before April 15, 2005; and it is further,
ORDERED that the application is otherwise denied; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03-R-2519
Orleans Corr. Fac.
3531 Gains Basin Road
Albion, New York 14411
Appellate Division: Second Judicial Department
M22181
CF/
|
2003-08036 The People, etc., respondent, v Eric Mitchell, appellant. (Ind. No. 02-01602)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the County Court, Westchester County, rendered August 4, 2003.
Upon the stipulation of the parties, dated October 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M21907
F/
FRED T. SANTUCCI, J.
|
2004-11077 The People, etc., plaintiff, v Arturo Morales, defendant. (Ind. No. 2035/99)
| 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, Queens County, dated November 12, 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.
FRED T. SANTUCCI
Associate Justice
Appellate Division: Second Judicial Department
M22177
S/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-07137 The People, etc., respondent, v Donald Platt, defendant. (Ind. No. 954-02)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se for leave to appeal to the Court of Appeals from a decision and order on motion of this court, dated February 5, 2004, which determined his prior motion pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Suffolk County, rendered December 23, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22218
C/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2005-01262 The People, etc., ex rel. Louis Delloiacono, appellant, v Edward Reilly, etc., respondent.
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay all proceedings to extradite him to the State of Georgia, and to be released on bail pending hearing and determination of an appeal from a judgment of the Supreme Court, Nassau County, dated January 21, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court