03-29-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR MARCH 29, 2005

TITLE	Case Number
Aames Capital Corporation v Davidsohn	2004-06079
Biegel v Gangemi	2005-02318
Brownrigg v New York City Housing Authority	2004-06974 +1
Buchman v O'Neill	2004-10697
DiGiacomo v Cabrini Medical Center	2003-09285
Haberman v Zoning Board of Appeals of City of	2004-05680 +1
Jenkins-Watson v Golabi Holdings, LLC	2004-10427
Leiner v New York Community Hospital of Brook	2004-09090
Levinstim v Parker	2005-00972
Mendez v Kyung Yoo	2004-03078 +1
Orlando v City of New York	2004-06973
Russo v Garden Homes Management Corporation	2004-07017
Stylianou v Incorporated Village of Old Field	2004-09417 +1
Mtr of Allstate Insurance Company v Lichtenst	2004-10818
Mtr of Baker v Heaney	2004-03456
Mtr of Estate of McKeown; Margaret A.,McKeown	2005-01958 +1
Mtr of Grosso v Grosso	2004-08688
Mtr of Mohammad v Mohammad	2004-01828 +2
Mtr of Purpura v Adams	2004-05348
Mtr of R. (Anonymous), Jennifer; Steven; Suff	2005-01540 +1
Mtr of Rospigliosi v Abbate	2005-01485
Mtr of United Water New Rochelle, Inc. v King	2005-01135
Peo v Bailey, Kevin	2003-08027
Peo v Booker, Virgil Russell	2004-01199
Peo v Brown, Edward	2002-10896
Peo v Clark, Shawn	2004-11233
Peo v Coffey, Robert P.	2005-01291
Peo v Goode, Jemel	2005-00731
Peo v Grant, Shawn	2003-04973
Peo v Green, Elysa	2000-07754
Peo v Jones, Bethel	2003-08030
Peo v Jones, Thomas Devon	2001-03174
Peo v Jordan, Alan	2002-09185
Peo v Keating, Padraic	2005-00687
Peo v McTier, Josiah	2002-04912
Peo v Murphy, Michael	2005-01371
Peo v Perez, John	2001-08517
Peo v Robinson, Ujima	2005-01162
Peo v Sabatino, Darlene	2003-04405
Peo v Santiago, Jovan	2001-06070
Peo v Smith, Warren	2005-01290
Peo v Thomas, Reginald	2000-11251
Peo v Torres, Alberto	2005-01509
Peo v Velez, Julio	2005-00397
Peo v White, Herbert H.	2005-01882

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23358

E/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-06079
Aames Capital Corporation, respondent,
v John Davidsohn, appellant.
(Index No. 6565/97)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated May 12, 2004, to enlarge the record on appeal to include certain documents and to enlarge the time to perfect the appeal, and cross motion by the respondent to dismiss the appeal for failure to timely perfect.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until April 29, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23335

R/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

STEVEN W. FISHER, JJ.

2005-02318
Jacob R. Biegel, etc., respondent.
v Frank Gangemi, et al., appellants.

(Index No. 38881/02)

DECISION & ORDER ON MOTION

Motion by the appellants John Gangemi and Theresa Tortorici to stay enforcement of so much of an order of the Supreme Court, Kings County, dated February 2, 2005, as directed them to appear for depositions, 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.

COZIER, J.P., RITTER, KRAUSMAN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23339

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2004-06974, 2004-08866
Richard Brownrigg, respondent,
v New York City Housing Authority,
appellant.
(Index No. 24807/97)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Kings County, dated May 19, 2004, and an order of the same court dated September 14, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until April 18, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23350

A/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-10697
Peter Buchman, respondent, v
Kathleen O'Neill, appellant.

(Index No. 14949/03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of a judgment of the Supreme Court, Suffolk County, dated August 19, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23348

A/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2003-09285
James DiGiacomo, et al., respondents-
appellants, v Cabrini Medical Center, et al.,
appellants-respondents.
(Index No. 8324/98)

DECISION & ORDER ON MOTION

Motion by Jones Hirsch Connors & Bull, counsel for the appellants-respondents, for leave to withdraw as counsel for the appellant-respondent Cabrini Medical Center on appeals and a cross appeal from an order of the Supreme Court, Queens County, dated September 15, 2003.

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 denied.

COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23366

S/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-05680, 2004-08150
Sinclair Haberman, et al., appellant-respondent,
v Zoning Board of Appeals of the City of
Long Beach, et al., respondents-appellants.
(Index No. 1138/04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 1, 2004, in the above-entitled case is amended by adding thereto after the first decretal paragraph the following decretal paragraph:

"ORDERED that the decision and order on motion of this court dated August 6, 2004, is recalled and vacated; and it is further,"

ADAMS, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23336

R/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-10427
Vergie Jenkins-Watson, appellant,
v Golabi Holdings, LLC, et al., respondents.

(Index No. 35984/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated November 24, 2004, as a poor person, for leave to prosecute the appeal on the original papers, 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 with leave to renew upon the submission of proper papers, including a financial affidavit of the appellant setting forth all her assets, including real and personal property, any and all sources of income, and itemized expenses.

COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23331

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2004-09090

Estelle Leiner, plaintiff-respondent,
v New York Community Hospital of Brooklyn,
Inc., defendant-respondent, Boris Peysin,
defendant-appellant.
(Index No. 40816/02)

ORDER ON APPLICATION

Application by the defendant-respondent 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 August 20, 2004.

ORDERED that the application is granted and the defendant-respondent's time to serve and file a brief is enlarged until May 13, 2005, and the defendant-respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23334

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ANITA R. FLORIO, J.P.

SONDRA MILLER

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN, JJ.

2005-00972
Lauren Levinstim, respondent-appellant,
v Katherine Parker, appellant-respondent.

(Index No. 17103/03)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the appellant-respondent to dismiss a cross appeal from an order of the Supreme Court, Westchester County, entered January 6, 2005, on the ground that the respondent-appellant is not aggrieved by the order.

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 cross appeal is dismissed, without costs or disbursements, on the ground that the respondent-appellant is not aggrieved by the order entered January 6, 2005 (see CPLR 5511).

FLORIO, J.P., S. MILLER, SANTUCCI and KRAUSMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23364

E/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-03078
Angel Mendez, etc., appellant,
v Kyung Yoo, etc., et al., defendants,
St. Vincent's Medical Center, respondent.
(Appeal No. 1)
2004-04949
Angel Mendez, etc., respondent,
v Kyung Yoo, etc., et al., appellants, et al.,
defendants.
(Appeal No. 2)
(Index No. 53342/02)

DECISION & ORDER ON MOTION

Motion by Angel Mendez on appeals from an order of the Supreme Court, Kings County, dated July 9, 2003 (Appellate Division Docket No. 2004-04949), and an appeal from an order of the same court dated September 15, 2003 (Appellate Division Docket No. 2004-03078), to consolidate the appeals and to enlarge the time to perfect the appeal from the order dated September 15, 2003, separate motion by Kung Yoo and Jing Zhang to consolidate the appeals and to enlarge their time to perfect their appeal from the order dated July 9, 2003, and separate motion by St. Vincent Medical Center to dismiss the appeal from the order dated September 15, 2003, for failure to timely perfect, or alternatively, in effect, to enlarge its time to perfect its appeal from the order dated July 9, 2003.

ORDERED that the branches of the motions which are to enlarge the time to perfect the appeals are granted; and it is further,

ORDERED that plaintiff's time to perfect the appeal from the order dated September 15, 2003, is enlarged until May 15, 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 time of Kung Yoo and Jing Zhang and St. Vincent Medical Center to perfect their appeals from the order dated July 9, 2003, is enlarged until June 16, 2005, and the record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date; and it is further,

ORDERED that the branches of the motions which are to consolidate the appeals are denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c]); and it is further,

ORDERED that the motion of St. Vincent Medical Center is otherwise denied.

COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23361

E/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-06973
Philip Orlando, appellant, v City of New
York, respondent, et al., defendant.

(Index No. 17869/00)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 7, 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 respondent's time to serve and file a brief is enlarged until April 29, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23357

O/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-07017
Francine Russo, respondent, v Garden Homes
Management Corporation, et al., defendants,
Pathmark Stores, Inc., appellant.
(Index No. 20009/02)

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, Kings 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 on condition that the appeal is perfected on or before April 7, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 7, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23337

S/sl

2004-09417, 2005-00174

Alex Stylianou, et al., appellants,
v Incorporated Village of Old Field, respondent.

(Index No. 14453/04)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Suffolk County, dated September 27, 2004, and December 2, 2004, respectively.

ORDERED that the application is granted and the reply brief shall be served and filed on or before April 11, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23347

A/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-10818
In the Matter of Allstate Insurance Company,
appellant, v Issac Lichtenstein, respondent;
Marie Celestine, et al., proposed additional
respondents.

(Index No. 16938/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay an arbitration proceeding pending between the parties, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 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 denied.

COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23360

O/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-03456
In the Matter of Stuart D. Baker, et al., appellants,
v Patrick A. Heaney, etc., et al., respondents.

(Index No. 23873/03)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated March 29, 2004, which was determined by decision and order of this court dated February 22, 2005, for leave to appeal to the Court of Appeals from the decision and order of this court, and separate motion by the appellants, in effect, to continue an injunction granted by decision and order on motion of this court dated June 10, 2004, pending hearing and determination of the motion for leave to appeal to the Court of Appeals, and determination of the appeal by the Court of Appeals, if leave is granted, or, pending determination by the Court of Appeals of any application for leave to appeal to that court from the decision and order dated February 22, 2005.

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

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

ORDERED that the branch of the motion which is to continue the injunction granted by the decision and order on motion of this court dated June 10, 2004, is granted to the extent that the injunction is continued pending determination by the Court of Appeals of any application for leave to appeal to that court from the decision and order of this court dated February 22, 2005, and that motion is otherwise denied.

LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23355

E/sl

SONDRA MILLER, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO, JJ.

2005-01958, 2005-02147
In the Matter of Estate of Margaret A. McKeown.
Kevin McKeown, appellant; Thomas
McKeown, et al., respondents.
(File No. 2239/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from two orders of the Surrogate's Court, Westchester County, both dated January 12, 2005, inter alia, to disqualify the counsel for the respondent Thomas McKeown.

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

ORDERED that the motion is denied.

S. MILLER, J.P., SANTUCCI, KRAUSMAN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23343

S/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-08688
In the Matter of Jane Grosso, respondent,
v Michael Grosso, appellant.
(Docket No. F-20666-03)

SCHEDULING ORDER

Appeal by Michael Grosso from an order of the Family Court, Suffolk County, dated August 26, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 6, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until April 6, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23345

S/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-01828, 2004-06412, 2004-06413
In the Matter of Shahzada Q. Mohammad, respondent,
v Abdul Q. Mohammad, appellant.
(Docket Nos. V-26688/99, V-27057/99)

SCHEDULING ORDER

Appeals by Abdul Q. Mohammad from three orders of the Family Court, Kings County, dated February 26, 2004, July 2, 2004, and June 28, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on January 28, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the Law Guardian's time to serve and file a brief is enlarged until May 2, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23332

S/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

STEVEN W. FISHER, JJ.

2004-05348
In the Matter of Nicholas E. Purpura, petitioner,
v Rachel Adams, etc., respondent.
(Index No. 5769/85)

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78 in the nature of prohibition. Cross motion by the respondent Barbara Purpura to dismiss the proceeding and to impose sanctions on the petitioner. By decision and order on motion dated November 30, 2004, the petitioner was given 120 days to pay the filing fee or the proceeding would be dismissed and the cross motion was held in abeyance in the interim. By letter dated March 22, 2005, the petitioner withdrew the proceeding.

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

ORDERED that the branch of the cross motion which is to impose sanctions on the petitioner is denied; and it is further,

ORDERED that the cross motion is otherwise denied as academic.

COZIER, J.P., RITTER, KRAUSMAN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23268

M/nal

2005-01540, 2005-01541

In the Matter of Jennifer R. (Anonymous).
Suffolk County Department of Social Services,
respondent; Steven R. (Anonymous), et al.,
appellants.
(Proceeding No. 1)
In the Matter of Steven R. (Anonymous).
Suffolk County Department of Social Services,
respondent; Steven R. (Anonymous), et al.,
appellants.
(Proceeding No. 2)
(Docket Nos. B-11328-03, B-11329-03
B-11334-03, B-11335-03)

ORDER TO SHOW CAUSE

Separate appeals by Steven R. and Gordana Kondon R. from two orders of the Family Court, Suffolk County, dated August 18, 2004, and January 31, 2005, respectively. By scheduling order dated February 22, 2005, the appellant Steven R. was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeals; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeals.

The appellant Steven R. has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals by Steven R. in the above-entitled proceedings for failure to comply with the scheduling order dated February 22, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before April 11, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23272

M/nal

2005-01485

In the Matter of Flor Elena Rospigliosi, appellant,
v Luis Abbate, respondent.
(Docket No. F-06133/02)

ORDER TO SHOW CAUSE

Appeal by Flor Elena Rospigliosi from an order of the Family Court, Queens County, dated January 6, 2005. By scheduling order dated February 22, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated February 22, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before April 11, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23365

S/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2005-01135
In the Matter of United Water New Rochelle, Inc.,
appellant, v James R. King, etc., respondent.

(Index No. 11893/04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 25, 2005, in the above-entitled matter is amended by deleting from the decretal paragraph thereof the date "April 29, 2005," and substituting therefor the date "May 6, 2005".

ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23342

S/sl

2003-08027

The People, etc., respondent,
v Kevin Bailey, appellant.
(Ind. No. 5440/02)

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 April 18, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23349

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-01199
The People, etc., respondent,
v Virgil Russell Booker, appellant.
(Ind. No. 621/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered January 16, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

COZIER, J.P., KRAUSMAN, MASTRO, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 A 0613

Auburn Corr. Fac.

Box 618

Auburn, New York 13021

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23356

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2002-10896
The People, etc., respondent,
v Edward Brown, appellant.
(Ind. No. 3339/00)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion of this court, dated May 7, 2004, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Queens County, rendered November 22, 2002, is recalled and vacated; and it is further,

ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.

The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23325

ANITA R. FLORIO, J.P.

SONDRA MILLER

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2004-11233
The People, etc., respondent,
v Shawn Clark, appellant.
(Ind. No. 2403-03)

DECISION & ORDER ON MOTION
Motion to Dispense With Printing
Free Minutes

Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Suffolk County, rendered December 2, 2004, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.

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 dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,

ORDERED that the motion is otherwise 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, if any, 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); retained 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 retained 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 counsel with a copy of the pre-sentence 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 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 retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

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

FLORIO, J.P., S. MILLER, SANTUCCI, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

Patrick Michael Megaro, Esq.

Scott Brettschneider, P.C.

165 EAB Plaza

West Tower, 6th Floor

Uniondale, New York 11556

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23318

A.GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-01291
The People, etc., respondent,
v Robert P. Coffey, appellant.
(Ind. No. 1927-89)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a determination of the County Court, Suffolk County, dated January 11, 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 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, Suffolk County, continues on appeal; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that 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.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23354

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-00731
The People, etc., appellant, DECISION & ORDER
v Jemel Goode, respondent.
(Ind. No. 04-00379)

ON MOTION

Motion by the respondent pro se for leave to respond to an appeal by the People from an order of the County Court, Rockland County, dated January 18, 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 relation thereto, it is

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

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as attorney for the defendant to respond to the appeal from said order:

James Licata

Office of the Public Defender

11 New Hemstead Road

New City, New York 10956-3664

and it is further,

ORDERED that the respondent is directed to serve one copy of his brief and to file nine copies thereof.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23352

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2003-04973
The People, etc., respondent,
v Shawn Grant, appellant.
(Ind. No. 00-00577)

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 Supreme Court, Westchester County, rendered May 16, 2003, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on December 12, 2003, and the following named attorney was assigned to prosecute the appeal:

Ethel P. Ross, Esq.

P.O. Box 347-787

Route 35

Cross River, New York 10580

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

ORDERED that the motion is granted; previously 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 to prosecute the appeal:

Brendan O'Meara, Esq.

10 Winchester Avenue - 1B

Yonkers, New York 10710

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 pre-sentence 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,

COZIER, J.P., KRAUSMAN, MASTRO, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23327

ANITA R. FLORIO, J.P.

SONDRA MILLER

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2000-07754
The People, etc., respondent,
v Elysa Green, appellant.
(S.C.I. No. 00-00068)

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 July 7, 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, SANTUCCI, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23324

ANITA R. FLORIO, J.P.

SONDRA MILLER

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2003-08030
The People, etc., respondent,
v Bethel Jones, appellant.
(Ind. No. 8374/02)

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 August 14, 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 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.

FLORIO, J.P., S. MILLER, SANTUCCI, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 4635

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23312

ANITA R. FLORIO, J.P.

SONDRA MILLER

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2001-03174
The People, etc., respondent,
v Thomas Devon Jones, appellant.
(Ind. No. 00-01002)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered March 22, 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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

FLORIO, J.P., S. MILLER, SANTUCCI, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23340

S/sl

2002-09185

The People, etc., respondent,
v Alan Jordan, appellant.
(Ind. No. 10293/00)

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 September 18, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 15, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M23300

A. GAIL PRUDENTI, P.J.

2005-00687

The People, etc., plaintiff,
v Padraic Keating, defendant.
(Ind. No. 483/95)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Richmond County, dated December 23, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

A. GAIL PRUDENTI

Presiding Justice

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23341

S/sl

2002-04912
The People, etc., respondent,
v Josiah McTier, appellant.
(Ind. No. 3236/01)

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 May 14, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 12, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23323

ANITA R. FLORIO, J.P.

SONDRA MILLER

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2005-01371
The People, etc., plaintiff,
v Michael Murphy, defendant.
(Ind. No. 5524/98)

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 Supreme Court, Kings County, rendered April 11, 2002.

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

ORDERED that the motion is denied (see CPL 460.30 [1]).

FLORIO, J.P., S. MILLER, SANTUCCI, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23315

ANITA R. FLORIO, J.P.

SONDRA MILLER

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2001-08517
The People, etc., respondent,
v John Perez, appellant.
(S.C.I. No. 01-00655)

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 August 16, 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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

FLORIO, J.P., S. MILLER, SANTUCCI, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23322

ANITA R. FLORIO, J.P.

SONDRA MILLER

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2005-01162
The People, etc., respondent,
v Ujima Robinson, appellant.
(Ind. No. 266/03)

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, Dutchess County, rendered December 16, 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 relation thereto, it is

ORDERED the motion is granted; 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:

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

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, SANTUCCI, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

120 South First Street

Mt. Vernon, New York 10550

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23326

ANITA R. FLORIO, J.P.

SONDRA MILLER

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2003-04405
The People, etc., respondent,
v Darlene Sabatino, appellant.
(Ind. No. 12/02)

DECISION & ORDER ON MOTION

Motion by Louis J. Galgano, III, Esq., to be substituted as retained counsel, in place of assigned counsel, to prosecute an appeal from a judgment of the County Court, Putnam County, rendered April 1, 2003, and to continue the appellant's poor person status on the appeal. The appellant's motion to dispense with printing and for the assignment of counsel was granted on April 7, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

Yasmin Daley-Duncan, Esq.

218 Smith Street

Brooklyn, New York 11201

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 assigned counsel is directed to turn over all papers in the action to retained counsel:

Louis J. Galgano, III, Esq.

303 Old Tarrytown Road

White Plains, New York 10603

and it is further,

ORDERED that the appellant's poor person status is continued; and it is further,

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

FLORIO, J.P., S. MILLER, SANTUCCI, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Retained Attorney:

Louis J. Galgano, III, Esq.

303 Old Tarrytown Road

White Plains, New York 10603

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23314

ANITA R. FLORIO, J.P.

SONDRA MILLER

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2001-06070
The People, etc., respondent,
v Jovan Santiago, appellant.
(S.C.I. No. 00-01610)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered May 30, 2001.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

FLORIO, J.P., S. MILLER, SANTUCCI, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23319

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-01290

The People, etc., respondent,
v Warren Smith, appellant.
(Ind. No. 542-04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered January 5, 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 relation thereto, it is

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Downstate Corr. Fac.

Box 445

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23351

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2000-11251
The People, etc., respondent,
v Reginald Thomas, appellant.
(S.C.I. No. 00-00574)

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 October 31, 2000.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

COZIER, J.P., KRAUSMAN, MASTRO, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23353

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2005-01509

The People, etc., respondent,
v Alberto Torres, appellant.
(Ind. No. 1541/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered January 26, 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 the motion is granted; 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Peter A. Sell, Esq.

324 W. 96th Street #4B

New York, New York 10025

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.

COZIER, J.P., KRAUSMAN, MASTRO, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

439 Beach 22nd Street - Apt. 1B

Far Rockaway, New York 11691

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23321

ANITA R. FLORIO, J.P.

SONDRA MILLER

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2005-00397
The People, etc., respondent,
v Julio Velez, appellant.
(Ind. No. 03-01735)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered December 9, 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 relation thereto, it is

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

Raymond E. Kerno, Esq.

1527 Franklin Avenue

Mineola, New York 11501

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, SANTUCCI, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 6809

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23317

ANITA R. FLORIO, J.P.

SONDRA MILLER

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2005-01882
The People, etc., respondent,
v Herbert H. White, appellant.
(Ind. No. 81-00051)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a determination of the County Court, Westchester County, dated January 10, 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 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 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.

FLORIO, J.P., S. MILLER, SANTUCCI, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court