Appellate Division: Second Judicial Department
M22277
S/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-06134 Harold Bonime, etc., appellant, v Bridge 21, Inc., et al., respondents. (Index No. 9909/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents to admit Michael P. Broadhurst, Esq., an attorney in good standing in the Commonwealth of Pennsylvania and the State of New Jersey, pro hac vice to represent the respondents on an appeal from an order of the Supreme Court, Kings County, dated May 28, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22275
S/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-03277 Marianna Cappiello, et al., plaintiffs-respondents, v Xuan Thi Johnson, et al., defendants-respondents, Town of Orangetown, appellant. (Index No. 1354/01)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs-respondents on an appeal from an order of the Supreme Court, Rockland County, dated March 4, 2004, to strike the appellant's reply brief on the ground that it raises issues that are not properly before 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 held in abeyance and is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22354
Y/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-08176 Congregation Atzei Chaim, respondent, v 26 Adar N.B. Corp., et al., appellants, et al., defendants.
(Index No. 47047/96)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 13, 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 it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until April 5, 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
M22290
S/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-07521 Elliot Cruz, et al., plaintiffs-respondents, v City of New York, defendant-respondent, Metropolitan Transportation Authority, et al., appellants, et al., defendant. (Index No. 22489/01)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs-respondents to strike portions of the appellants' appendix and brief on the ground that they contain or refer to material dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22341
S/sl
|
2004-05400 Sandro Farduchi, plaintiff-respondent, v United Artists Theatre Circuit, Inc., et al., appellants, Pepco Construction of New York, Inc., defendant-respondent, et al., defendants. (Index No. 23113/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file reply briefs on appeals from an order of the Supreme Court, Queens County, dated April 14, 2004.
ORDERED that the application is granted and reply briefs shall be served and filed on or before March 11, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22329
PL/sl
|
2004-10203 Severina Febbraro, plaintiff-respondent, v City of New York, defendant-respondent, Better Choice Development, LLC, defendant third-party plaintiff-appellant; Pullini Water Main & Sewer Contractors, Inc., third-party defendant-appellant.
(Index No. 5538/01)
| ORDER ON APPLICATION |
Application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from an order of the Supreme Court, Kings County, dated August 11, 2004
ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until April 9, 2005, and the plaintiff-respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22282
S/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
DAVID S. RITTER
GLORIA GOLDSTEIN, JJ.
|
2004-11030 Leonardo Fontani, appellant, v Alex Suskind Rosenblum, respondent.
(Docket No. 13447/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated November 22, 2004, as a poor person, to dispense with printing, for a free transcript, and to waive the filing fee.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22287
S/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-07277, 2004-10262 John Kingston, etc., respondent, v Michael Breslin, et al., appellants. (Index No. 17041/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Westchester County, entered May 27, 2004, and October 29, 2004, respectively, to assign this case to this court's "active management" program pursuant to 22 NYCRR 670.4(a)(1).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22340
O/sl
DAVID S. RITTER, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2003-04461 Bruce S. Klutchko, appellant, v Marcy R. Baron, respondent. (Index No. 3586/93)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, dated May 15, 2003, to strike the respondent's brief for failure to comply with the CPLR and the rules of this court, to enlarge the record on appeal to include a letter dated June 13, 2000, from respondent's counsel, or, in the alternative, to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until March 24, 2005, and the reply brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., LUCIANO, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22374
O/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-00749 Alfred LePore, et al., respondents, v Novex Systems International, Inc., et al., appellants. (Index No. 3976/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from a judgment of the Supreme Court, Nassau County, dated January 14, 2005, to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion the appellants' notice of appeal from an amended order of the same court dated December 6, 2004, is deemed to be a notice of appeal from the judgment (see CPLR 5512); and it is further,
ORDERED that the motion is denied.
COZIER, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22342
R/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-01697 Mark Neiderfer, et al., respondents, v Hampton Design and Construction Group, Inc., appellant, et al., defendants.
(Index No. 10444/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Nassau County, entered January 19, 2005, 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.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22355
O/sl
ROBERT W. SCHMIDT, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-09088, 2004-09091, 2004-09092 Giorgi Oboladze, plaintiff-respondent, v South Island Neighborhood Health Center, et al., defendants-respondents, Morris Bawabeh, et al., appellants, et al., defendants (and a third-party action). (Index Nos. 24190/00, 75756/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of appeals from three orders of the Supreme Court, Kings County, all dated September 15, 2004, and for a preference in the calendaring of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22317
S/sl
|
2004-08512
Mark Reeve, appellant, v Long Island Railroad, etc., et al., respondents. (Index No. 20334/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated July 19, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22283
S/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
DAVID S. RITTER
GLORIA GOLDSTEIN, JJ.
|
2004-09878 Walter J. Roache, appellant, v State of New York, respondent.
(Claim No. 104621)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Court of Claims, dated November 1, 2004, as a poor person, to dispense with printing, for a free transcript, and to waive the filing fee.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22288
S/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-09753 Thomas Williams, appellant, v State of New York, respondent. (Claim No. 101370)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue that branch of his prior motion which was for leave to prosecute an appeal from a order of the Court of Claims dated September 30, 2004, as a poor person, which was determined by decision and order on motion of this court dated December 20, 2004, 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 for leave to reargue is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect is granted; 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 on the appeal is enlarged until June 1, 2005.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22335
S/sl
|
2004-05769
Elizabeth Wolf, respondent, v Peter D. Wolf, appellant. (Index No. 13099/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated June 3, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 18, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22310
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-10240 In the Matter of Perry Cole, appellant, v Donald Selsky, respondent.
(Index No. 631/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated June 30, 2004, as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22279
S/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-00639 In the Matter of Federation of Organizations, Inc., petitioner, v Craig Bauer, respondent.
(Index No. SP 00008/03)
| DECISION & ORDER ON MOTION |
Motion by Craig Bauer for leave to appeal to this court from an order of the Appellate Term for the Ninth and Tenth Judicial Districts, dated October 21, 2004, which affirmed a judgment of the First District Court, Nassau County, entered April 29, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22220
C/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-10642
In the Matter of Jamaal DeQuan M. (Anonymous). Child Protective Services, respondent; Theresa W. (Anonymous), appellant. (Docket No. B-13403-04)
| 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 November 17, 2004, 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 on the court's own motion, the appellant's notice of appeal from a decision and order (one paper) of the same court entered November 16, 2004, is deemed to be a notice of appeal from the order entered November 17, 2004 (see CPLR 5512); and it is further,
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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Michael S. Bromberg, Esq.
44 Hampton Street
Box 2112
Sag Harbor, New York 11963
(631) 725-0641
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22318
S/sl
|
2004-06657
In the Matter of Ardelia R. (Anonymous). New York City Health and Hospital Corporation - Elmhurst Hospital, respondent; Raymond Miles, appellant. (Index No. 7535/04)
| 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 and judgment (one paper) of the Supreme Court, Queens County, dated June 17, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 31, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22309
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2005-00487 In the Matter of Ewan Richards, appellant, v Robert Dennison, respondent.
(Index No. 4251/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated December 14, 2004, as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22356
C/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-05044, 2004-08908, 2005-00200 In the Matter of Camille N. Rochester, respondent, v Fred B. Rochester, appellant. (Docket No. O-5226-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from three orders of the Family Court, Suffolk County, dated May 5, 2004, September 21, 2004, and January 5, 2005, respectively, for leave to prosecute the appeal from the order dated January 5, 2005 (Appellate Division Docket No. 2005-00200), as a poor person, and for the assignment of counsel, and to consolidate the appeal from the order dated January 5, 2005, with the appeals from the orders dated May 5, 2004, and September 21, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated January 5, 2005, as a poor person, and for the assignment of counsel 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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:
Evan Tanenbaum, Esq.
Beler & Tanenbaum,
25 West Main Street, Smithtown, NY 11787
(631) 979-1027
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCCR 670.7[c][1]); 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.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22315
S/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2005-00936
In the Matter of Lawrence Tinsley, respondent, v Sharleen Boone, appellant. (Docket No. V-00298-04)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated February 3, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal by Sharleen Boone from an order of the Supreme Court, Queens County, dated December 23, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the appeal has been rendered academic as the order expired January 13, 2005.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22344
S/sl
|
2004-10293
In the Matter of Town of Huntington, petitioner, v New York State Board of Real Property Services, et al., respondents.
| ORDER ON APPLICATION |
Application by the respondent New York State Board of Real Property Services pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file an answer in a proceeding pursuant to RPTL 1218.
ORDERED that the application is granted and the movant's time to serve and file an answer is enlarged until April 15, 2005, and the movant's answer must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22358
O/sl
ROBERT W. SCHMIDT, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-09152, 2004-09154 In the Matter of Brandon Lee V. (Anonymous). Heart Share Human Services of New York, Roman Catholic Diocese of Brooklyn, et al., respondents; German V. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Wesley German V. (Anonymous). Heart Share Human Services of New York, Roman Catholic Diocese of Brooklyn, et al., respondents; German V. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-18606-03, B-18607-03) (Appeal Nos. 1 and 2)
| DECISION & ORDER ON MOTION |
2004-09155, 2004-09156, 2004-09157,
2004-09158, 2004-09160, 2004-09162
In the Matter of "Female" V. (Anonymous),
a/k/a Kimberly V. (Anonymous).
Lakeside Family & Children's Services, et al.,
respondents; German V. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Juana Lee V. (Anonymous).
Lakeside Family & Children's Services, et al.,
respondents; German V. (Anonymous), appellant.
(Proceeding No. 2)
In the Matter of Nathan Lee V. (Anonymous).
Lakeside Family & Children's Services, et al.,
respondents; German V. (Anonymous), appellant.
(Proceeding No. 3)
In the Matter of Patrick German V. (Anonymous).
Lakeside Family & Children's Services, et al.,
respondents; German V. (Anonymous), appellant.
(Proceeding No. 4)
In the Matter of Nouchie Wesley V. (Anonymous).
Lakeside Family & Children's Services, et al.,
respondents; German V. (Anonymous), appellant.
(Proceeding No. 5)
In the Matter of Cassandra Lee V. (Anonymous).
Lakeside Family & Children's Services, et al.,
respondents; German V. (Anonymous), appellant.
(Proceeding No. 6)
(Docket Nos. B-17431-03, B-17432-03, B-17433-03,
B-17434-03, B-17435-03, B-17436-03)
(Appeal Nos. 3 through 8)
Motion by the appellant on appeals from two orders of the Family Court, Kings County, both dated August 16, 2004 (Appeal Nos. 1 and 2), and separate motion by the appellant on appeals from six orders of the same court, all dated September 10, 2004 (Appeal Nos. 3 through 8), to stay all proceedings in the above-entitled proceedings and to consolidate Appeal Nos. 1 and 2 with Appeal Nos. 3 through 8.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the motions which is to stay all proceedings is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is granted to the extent that the appeals shall be calendared together and argued or submitted on the same day and that branch of the motion is otherwise denied.
SCHMIDT, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22311
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2005-00493 In the Matter of Charles Woods, appellant, v W. P. Phillips, respondent.
(Index No. 2843/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated October 25, 2004, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22361
C/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
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2001-05692 The People, etc., respondent, v Howard Campbell, appellant.
(Ind. No. 6218/00)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 18, 2001.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before April 11, 2005; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22306
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2005-00559 The People, etc., respondent, v Eric Clinton, appellant. (Ind. No. 1490-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Suffolk County, rendered December 16, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22333
S/sl
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2003-00273, 2003-01557
The People, etc., respondent, v John P. Daly, appellant.
(Index No. 1561/01)
| 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 appeals from a judgment of the County Court, Nassau County, rendered January 6, 2003, and an amended sentence of the same court imposed February 6, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before March 21, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22319
S/sl
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2003-07506
The People, etc., respondent, v Larry Dathan, appellant. (Ind. No. 3737/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered August 13, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 21, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22148
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-00606 The People, etc., plaintiff, v Juan DeMoya, defendant. (S.C.I. No. 90095/04)
| DECISION & ORDER ON MOTION |
Motion by the defendant pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Richmond County, rendered August 16, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., RITTER, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22156
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-00204
The People, etc., respondent, v Dexter Griffith, appellant. (Ind. No. 2413/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered January 3, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
COZIER, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22307
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-09306
The People, etc., respondent, v Roman Gutierrez, appellant. (Ind. No. 4547/02)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered December 10, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the source of counsel fees paid to retained counsel.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22147
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-00491 The People, etc., respondent, v Hubert Hines, appellant. (Ind. No. 03-00967)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Orange County, rendered July 13, 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, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the County Court, Orange County, rendered July 13, 2004.
COZIER, J.P., RITTER, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22154
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-00657
The People, etc., respondent, v Shawn Kuar, appellant.
(Ind. No. 1495/03)
| 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 Supreme Court, Queens County, rendered August 12, 2004, 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 the papers filed in opposition 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 amount and source of counsel fees paid to retained counsel.
COZIER, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22280
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ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2001-03529 The People, etc., respondent, v Derek Livingston, appellant. (Ind. No. 99-01515)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, rendered April 5, 2001, to hold the appeal in abeyance pending determination by the Supreme Court, Westchester County, of a motion pursuant to CPL 440 to vacate a judgment of the same court, rendered April 30, 1993, in a matter entitled People v Derek Livingston, pending under Indictment No. 1797/92.
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., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22271
S/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-01196 The People, etc., respondent, v Leila McLucas, a/k/a Marie McLucas Stover, appellant. (Ind. No. 100/02)
| DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel of Assignment |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered January 27, 2004, and for assignment of new 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 on the court's own motion the appellant is granted leave to serve and file a supplemental brief; 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.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22308
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-10162
The People, etc., respondent, v Edwin Murdaugh, appellant. (Ind. No. 775/03)
| 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, Nassau County, rendered November 10, 2004, 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 and in relation thereto, it is
ORDERED 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 and 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:
Kent V. Moston, Esq.
Attorney in Charge, Criminal Div.
Legal Aid Society of Nassau County
1 Helen Keller Way
Hempstead, New York 11550
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.
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 6711
Downstate Corr. Fac.
Red Schoolhouse Road
Fishkill, New York 12524-0445
Appellate Division: Second Judicial Department
M22146
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-08427 The People, etc., respondent, v Claudio Nunez, appellant. (Ind. No. 117/03)
| 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, Dutchess County, rendered September 15, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on December 30, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
David Goodman, Esq.
Public Defender
22 Market Street
Poughkeepsie, New York 12601
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the former 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:
Carol Kahn, Esq.
225 Broadway - Suite 1515
New York, New York 10007
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 if 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.
COZIER, J.P., RITTER, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
01 A 3050
Southport Corr. Fac.
Box 2000
Pine City, New York 14871
Appellate Division: Second Judicial Department
M22303
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2002-05683 The People, etc., respondent, v Yuseff Parris, appellant. (Ind. No. 02-00082)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered June 12, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall adv ise the appellant of the date by which the minutes are to be returned and the brief filed.
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
02 A 3730
Mid-State Corr. Fac.
Box 2500
Marcy, New York 13403
Appellate Division: Second Judicial Department
M22320
S/sl
|
2001-04496 The People, etc., respondent, v Brian Pearson, appellant. (Index No. 11974/98)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in response to the appellant's supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered April 20, 2001.
ORDERED that the application is granted and the respondent's time to serve and file a brief in response to the appellant's supplemental brief is enlarged until March 21, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22305
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2001-01076 The People, etc., respondent, v Kenneth L. Pollard, appellant. (Ind. No. 00-00380)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered November 21, 2000.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22145
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-05715 The People, etc., respondent, v Dwayne Reed, appellant. (Ind. No. 02-00470)
| 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, Westchester County, rendered July 8, 2003, and separate motion by the appellant pro se for the same relief. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on September 12, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:
Mitchell I. Weingarden, Esq.
30 Glenn Street
White Plains, New York 10603
Upon the papers filed in support of the motions and the papers filed in relation thereto, it is
ORDERED that the motions are 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:
Anne Gilleece, Esq.
399 Knollwood Road - Suite 207
White Plains, New York 10603
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 if 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.
COZIER, J.P., RITTER, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 3901
Upstate Corr. Fac.
Box 2001
Malone, New York 12953
Appellate Division: Second Judicial Department
M22338
K/sl
REINALDO E. RIVERA, J.
|
2004-10978 The People, etc., respondent, v Ernest Sealy, appellant. (Ind. No. 8388/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Kings County, rendered December 8, 2004, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
REINALDO E. RIVERA
Associate Justice
Appellate Division: Second Judicial Department
M22343
S/sl
|
2002-02868 The People, etc., respondent, v Todd Stephens, appellant. (Ind. No. 01-00191)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Rockland County, rendered February 27, 2002.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 13, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22332
S/sl
|
2004-02526 The People, etc., respondent, v Frederick Thomas, appellant. (Ind. No. 2516-02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Suffolk County, rendered March 10, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 28, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22268
S/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2003-03725 The People, etc., respondent, v Vladimir Zuran, appellant. (Ind. No. 6755/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered March 28, 2003, to unseal and release to the appellant's counsel the minutes of an ex parte examination by the trial court of the witness Alexandra Kirsensko.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on or before April 15, 2005, the District Attorney shall file the minutes of the ex parte examination of the above-name witness with the Clerk of this court, and those minutes shall remained sealed upon delivery; and it is further,
ORDERED that the Clerk of the Supreme Court, Kings County, shall unseal the above-referenced minutes in order for the court reporter to make, certify and file two transcripts of the minutes, if they are available, and to file them with the Clerk of this court under seal, if those minutes have not already been transcribed; and it is further,.
ORDERED that the motion is held in abeyance in the interim, to be determined after an in camera review of the minutes in question.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court