Appellate Division: Second Judicial Department
M23154
E/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2005-00136 Robert Agins, plaintiff, Dorothy Agins, appellant, v Galindo General Construction, respondent. (Index No. 26645/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated December 14, 2004, in effect, to compel her former attorney to turn over certain documents from her legal file.
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 as her former attorney has agreed to make the documents available to her.
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23126
PL/sl
|
2004-05505
Robert Alese, et al., appellants, v GJF Construction Corporation, defendant third-party plaintiff-respondent, We Care II, LLC, et al., defendants-respondents; GCM Industries, third-party defendant-respondent.
(Index No. 21456/99)
| ORDER ON APPLICATION |
ORDERED that the order on application of this court dated March 21, 2005, in the above-entitled matter is amended by deleting from the decretal paragraph the words "March 22, 2005", and substituting therefor the words "April 6, 2005 ".
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23133
S/sl
|
2004-07287
Esther Cabrera, etc., et al., respondents, v New York City Health and Hospitals Corporation, etc., et al., defendants, Astoria General Hospital, d/b/a Western Queens Community Hospital, appellant. (Index No. 15563/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 21, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 6, 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
M23103
C/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-07745, 2004-08805, 2005-02020 Roseann Clark, respondent, v Joseph Clark, appellant. (Index No. 4734/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from three orders of the Supreme Court, Rockland County, dated August 2, 2004, August 16, 2004, and February 23, 2005, respectively, inter alia, to stay the enforcement of the order dated February 23, 2005, pending hearing and determination of the appeals, to direct the sale of the marital residence, and to assign the case to a different Supreme Court Justice.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that any contempt proceedings pending against the appellant in the Supreme Court, Rockland County, are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before May 6, 2005, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeals are not perfected on or before May 6, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that on the court's own motion, so much of the decision and order on application in the above-entitled action dated March 7, 2005, as enlarged the appellant's time to perfect the appeals from the orders dated August 2, 2004, and August 16, 2004, is amended by deleting from the last decretal paragraph thereof the date May 31, 2005, and substituting therefor the date May 6, 2005.
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23152
S/sl
|
2004-07905, 2004-08610
Rosemary Cuccia, appellant, v City of New York, respondent. (Index No. 10969/93)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated March 19, 2004, and June 23, 2004, respectively
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal from the order dated March 19, 2004 (Appellate Division Docket No. 2004-08610), is dismissed, without costs or disbursements, as that order is not appealable as of right and we decline to grant leave to appeal (see Sainz v New York City Health & Hosps. Corp., 106 AD2d 500); and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated June 23, 2004 (Appellate Division Docket No. 2004-07905) is granted, the appellant's time to perfect that appeal is enlarged until May 2, 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 the application is otherwise denied as academic.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23098
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-08221 Aubrey T. Dancy, respondent, v New York City Housing Authority, appellant.
(Index No. 36189/01)
| 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, Kings County, dated August 3, 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 and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23160
O/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2004-04926 Robert Anthony Green, appellant, v State of New York, respondent.
(Claim No.105542)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the time to perfect an appeal from a judgment of the Court of Claims, dated April 27, 2004, and separate motion by the appellant pro se to be furnished with a free transcript in the above-entitled action.
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 motion to enlarge the time to perfect the appeal 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 brief on the appeal is enlarged until May 31, 2005; and it is further,
ORDERED that the motion to be furnished with a free transcript is denied.
H. MILLER, J.P., RITTER, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23097
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-07810 Vita Koubek, respondent, v William G. Denis, appellant.
(Index No. 15682/02)
| 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, Queens County, dated June 21, 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.
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23134
S/sl
|
2004-03914, 2004-10415
Malankara Archdiocese of the Syrian Orthodox Church, N.A., et al., appellants, v Malankara Jacobite Center, et al., respondents. (Index No. 13610/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Westchester County, dated March 29, 2004, and October 12, 2004, respectively.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until May 19, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23143
O/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-02339 Menicucci Villa & Associates, PLLC, plaintiff- respondent, v Norman Pickett, et al., defendants- appellants, Helen Pickett, defendants third-party plaintiff-appellant; Richard A. Rosenzweig, third-party defendant-respondent. (Index No. 11769/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 22, 2004, on the ground that it has been rendered academic.
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 Justices hearing the appeal for determination upon the argument or submission of the appeal.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23163
S/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT, JJ.
|
2004-06214
Jacqueline Pereira, etc., et al., respondents, v New York City Transit Authority, et al., appellants.
(Index No. 16327/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial on the issue of damages in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated April 27, 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., FLORIO, H. MILLER and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23136
S/sl
|
2004-07341
Jan Poplawski, plaintiff, v Affordable Dwelling Units Leasing Corp., defendant third-party plaintiff-respondent-appellant, et al., defendant; Affordable Dwelling Units of George Steet, Inc., third-party defendant-appellant-respondent. (Index No. 5770/98)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 12, 2004.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until June 17, 2005, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23132
S/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-09844 Barbara Purpura, respondent, v Nicholas E. Purpura, appellant.
(Index No. 5769/85)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Richmond County, dated September 30, 2004, to enlarge his time to comply with a decision and order on motion of this court dated February 15, 2005, which directed him to remove certain material from the appendix on or before March 15, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and the appellant's time to comply with the decision and order on motion dated February 15, 2005, is enlarged until April 1, 2005.
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23137
S/sl
|
2004-07915
Parkash Ram, appellant, v City of New York, et al., respondents. (Index No. 19965/00)
| ORDER ON APPLICATION |
Application by the respondents Board of Education of City of New York and New York City School Construction Authority, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated July 30, 2004.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until April 11, 2005, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23129
E/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-04587
Xiaowen Feng, et al., appellants, v New York City Transit, respondent. (Index No. 15498/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated April 23, 2004, inter alia, to dismiss the appeal on the ground that the appendix is inadequate.
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 dismiss the appeal on the ground that the appendix is inadequate is granted to the extent that on or before April 25, 2005, the appellants' shall serve and file a supplemental appendix containing the exhibits attached to the affirmation of the respondent's counsel submitted in support of the motion for summary judgment which resulted in the order dated April 23, 2004, and the appellants' affirmation in opposition to that motion with the attached exhibits, and the branch is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge time is granted, the respondent's time to serve and file a brief is enlarged until May 25, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23128
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-09520, 2004-09620 In the Matter of Alexis C. (Anonymous). Administration for Children's Services, respondent; Valerie C. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Cheyenne C. (Anonymous). Administration for Children's Services, respondent; Valerie C., (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Justin N. (Anonymous). Administration for Children's Services, respondent; Valerie C. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. N-15008-01, N-15009-01, N-15010-01)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant Valerie C. in proceedings before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Queens County, dated June 4, 2004, and September 27, 2004, respectively, and for leave to the appellant to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant Valerie C. on the appeals; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Court Act § 1116); and it is further,
ORDERED that the stenographers(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 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and 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 on behalf of Valeric C. 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:
Richard L. Herzfeld, Esq.
555 Fifth Avenue - 14th Floor
New York, New York 10017
(212) 818-9019
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
ADAMS, J.P., RITTER, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23150
Y/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-10150 In the Matter of Tara C. (Anonymous). Administration for Children's Services, petitioner-respondent; Lavonne C. (Anonymous), respondent-respondent; Norman C. (Anonymous), appellant. (Docket No. N-20552/01)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated May 5, 2003, and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order on motion upon the appellant on or before April 6, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before April 27, 2005, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
ADAMS, J.P., RITTER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23107
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-10771, 2004-10772
In the Matter of Starcy Marie G. (Anonymous). Suffolk County Department of Social Services, respondent; Joy Ann G. (Anonymous), appellant. (Docket Nos. B-16412-03, B-16418-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Renewed motion by the appellant pro se for leave to prosecute appeals from an amended order of the Family Court, Suffolk County, dated June 11, 2004, and an order of the same court, dated December 1, 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 thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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:
Marlene Lange Budd, Esq.
2 Brush Place
Huntington, New York 11743-6404
(631) 421-3799
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
H. MILLER, J.P., COZIER, GOLDSTEIN, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23124
R/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-02357 In the Matter of Giselle H. (Anonymous). Suffolk County Department of Social Services, petitioner; Laura H. (Anonymous), respondent; Legal Aid Society of Suffolk County, nonparty- appellant.
(Docket No. NN-07195/04)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant, inter alia, to stay enforcement of so much of an order of the Family Court, Suffolk County, entered February 18, 2005, as directed that Giselle H. be returned to the respondent, 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 branch of the motion which is to stay enforcement of so much of the order entered February 18, 2005, as directed that Giselle H. be returned to the respondent is granted, and enforcement of that portion of the order entered February 18, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 21, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 21, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., RITTER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23145
Y/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2003-02180, 2003-02799, 2003-07972 In the Matter of Jehuda Ish-Shalom, appellant, v Veronica Wittmann, respondent.
(Docket Nos. V-695/97, V-696/97)
| DECISION & ORDER ON MOTION |
Motion by the Law Guardian to enlarge the time to serve and file a brief on appeals from two orders of the Family Court, Westchester County, both entered February 6, 2003, and an order of the same court entered July 25, 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 Law Guardian's time to serve and file a brief is enlarged until April 4, 2005, and the Law Guardian's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until May 4, 2005, and the reply brief must be served and filed on or before that date.
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23135
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-07857
In the Matter of Susanna Kraus, respondent, v Sheldon Kraus, appellant. (Docket No. O-09900-04)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by the appellant's assigned counsel to be relieved of the assignment to prosecute an appeal from an order of the Family Court, Suffolk County, dated August 23, 2004. The motion for assignment of counsel was granted on November 4, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Janessa M. Trotto, Esq.
320 West Main Street
Sayville, New York 11782
(631) 897-3410
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that pursuant to Family Court § 1120, the following named attorney is assigned as counsel to prosecute the appeal:
Anna Martin, Esq.
250 Montauk Highway
East Moriches, New York 11940
(631) 878-3352
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.
ADAMS, J.P., RITTER, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23139
F/
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2005-01016 In the Matter of Myrdith Leon-McCormack, respondent, v Darren Morris, appellant. (Docket No. F-3850-99)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to defend an appeal from an order of the Family Court, Kings County, dated January 6, 2005, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., SANTUCCI, GOLDSTEIN, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23130
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-00300, 2005-00601, 2005-00602, 2005-00603
In the Matter of Jimmy J. R. (Anonymous). Heart Share Human Services of New York, et al., respondents; Hilda C. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-8381/03) In the Matter of Haydee R. (Anonymous). Heart Share Human Services of New York, et al., respondents; Hilda C. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-8382/03) In the Matter of Tatiana W. (Anonymous). Heart Share Human Services of New York, et al., respondents; Hilda C. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-10482/03) In the Matter of Iesha W. (Anonymous). Heart Share Human Services of New York, et al., respondents; Hilda C. (Anonymous), appellant. (Proceeding No. 4) (Docket No. B-10483-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute appeals from four orders of the Family Court, Kings County, all dated November 17, 2004 (one in each proceeding), 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 granted; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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:
Francine Shraga, Esq.
869 East 12th Street
Brooklyn, New York 11230
(718) 377-4894
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
ADAMS, J.P., RITTER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23153
E/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2005-00181
In the Matter of Nina R. (Anonymous). and for Assignm Administration for Children's Services, et al., respondents; Frances R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Gina R. (Anonymous). Administration for Children's Services, et al., respondents; Frances R. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-15876/01, B-15877/01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief ent of Counsel Family Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated December 6, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before March 30, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before April 29, 2005, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23096
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-06416 In the Matter of Linda Recard, appellant, v Anthony Polite, respondent. (Docket No. V-3869-00)
| DECISION & ORDER ON MOTION |
Renewed motion by counsel assigned to represent the respondent in a proceeding before the Family Court, Kings County, inter alia, to be relieved and for the assignment of new counsel to defend an appeal from an order of the Family Court, Kings County, dated June 30, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the attorney for the respondent, Phillip Skittone, Esq., 26 Court Street, Brooklyn, NY 11201, is directed to turn over all papers in the action to the new attorney for the respondent herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the respondent to defend the appeal:
Lawrence A. Salvato, Esq.
P.O. Box 6401
New York, New York 10128
(212) 427-9616
H. MILLER, J.P., COZIER, GOLDSTEIN, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23131
O/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-08262, 2005-01159 In the Matter of Thomas C. Zindle, respondent, v Dorothy Hernandez, appellant. (Docket No. V-10491-00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Family Court, Queens County, dated August 17, 2004, and January 11, 2005, respectively, for leave to prosecute the appeals as a poor person, for the assignment of counsel, and to consolidate the appeals.
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 prosecute the appeals as a poor person and for the assignment of counsel is granted; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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:
Kenneth M. Tuccillo, Esq.
251 E. 61st Street
New York, New York 10021
(212) 517-5000
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that 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 NYCRR 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 appeals are taken.
ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23141
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-03437, 2004-03439
The People, etc., respondent, v Kristian Lopez, appellant.
(Ind. Nos. 58042/03, 13913/04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant on appeals from two judgments of the Supreme Court, Queens County, both rendered March 23, 2004, for leave to prosecute the appeal from the judgment under Indictment No. 13913/04 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 and in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Laura R. Johnson, Esq.,
Legal Aid Society
199 Water Street, 5th Floor
New York, N.Y., 10038
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 on the court's own motion, so much of a decision and order on motion dated June 2, 2004, as transferred the appeal from the judgment under Indictment No. 58042/03 (Appellate Division Docket No. 2004-03439), to the Appellate Term for the Second and Eleventh Judicial Districts, is recalled and vacated, and the Clerk of the Appellate Term for the Second and Eleventh Judicial Districts is directed to transfer that appeal to this court for determination; 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., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
119-21 Metropolitan Avenue, Apt. 4F
Kew Gardens, New York 11415
Appellate Division: Second Judicial Department
M23114
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2005-01098 The People, etc., plaintiff, v Tonia Mann, defendant. (Ind. No. 04-00142)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Rockland County, rendered June 24, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., COZIER, GOLDSTEIN, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23115
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2005-00398 The People, etc., respondent, v Lewis Robert O'Neal, appellant. (Ind. No. 95-01408)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a determination of the County Court, Westchester County, dated December 13, 2004, as a poor person, and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the County Court, Westchester County, continues on appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that 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 the filing fee is waived (see CPLR 1103[d]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
H. MILLER, J.P., COZIER, GOLDSTEIN, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23123
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2001-00441 The People, etc., respondent, v Alan Petnuch, appellant. (S.C.I. No. 00-00206)
| 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 16, 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]).
ADAMS, J.P., RITTER, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23140
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2000-03865 The People, etc., respondent, v George Philips, appellant. (Ind. No. 3717/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the County Court, Nassau County, rendered April 10, 2000.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., RITTER, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23106
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2003-04949 The People, etc., respondent, v Oscar Rios, appellant.
(Ind. No. 385/02)
| 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, Queens County, rendered May 22, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before May 23, 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.
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23111
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2003-04623 The People, etc., respondent, v Mark Rushion, appellant. (Ind. No. 2737/01)
| 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 Supreme Court, Kings County, rendered May 12, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that 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., COZIER, GOLDSTEIN, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 A 2702
Upstate Corr. Fac.
Box 2001
Malone, New York 12953
Appellate Division: Second Judicial Department
M23138
E/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2003-05153 The People, etc., respondent, v Rahmel Thompson, appellant. (Ind. No. 328/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 22, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the appellant's supplemental brief submitted to the Clerk of this court on or about March 2, 2005, is accepted for filing.
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23110
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-01031 The People, etc., respondent, v Mark C. Weekes, appellant. (Ind. No. 00-00218)
| 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 December 31, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in relation 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.
H. MILLER, J.P., COZIER, GOLDSTEIN, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
01 A 1372
Fishkill Corr. Fac.
Box 1245
Beacon, New York 12508