04-02-2004_MOTION

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MOTION DECISIONS FOR APRIL 2, 2004

TITLE	Case Number
Bosman v Reckson FS Limited Partnership	2004-02438
Brooklyn House of Hardware and Locks, Inc. v	2004-02377
Catania v DeCintio	2003-08941 + 1
Cogen v Robin Klinger Children's Entertainmen	2004-00996 + 1
Glibbery v Cosenza & Associates, Inc.	2002-08474 + 1
Maiello v Eastchester Union Free School Distr	2004-00339
O'Leary v Bravo Hylan, LLC, d/b/a Rio Bravo C	2004-01547
Parks v Mosby	2004-01823
Weiss v Polymer Plastics Corporation	2003-05936
Mtr of A. (Anonymous), Ronald	2003-10386
Mtr of B. (Anonymous), Dayjah Ann, a/k/a B.	2003-02549 + 2
Mtr of Cambridge v Cambridge	2003-04594
Mtr of Durante Bros. Construction Corp. v	2004-02395
Mtr of G. (Anonymous), Desiree	2003-10287
Mtr of Guzzi v Giacalone	2003-07835
Mtr of Hores v Hores	2004-02536
Mtr of Huddleston v Huddleston	2003-11006
Mtr of King-Smith v Smith	2004-02527
Mtr of Martin v Martin	2003-07824
Mtr of Perez v Suffolk County Department of S	2004-02529
Mtr of R. (Anonymous), Michael Angel	2004-02593
Mtr of Stone v McLeod	2003-05533 + 1
Mtr of W. (Anonymous), Kadeem	2003-10473
Mtr of Y. (Anonymous), Matthew	2003-10460
Peo v Acosta, Jose	2004-01128
Peo v Ahmed, Nashir	2003-02819
Peo v Alicea, Gilbert	2001-01086
Peo v Allah, Supreme	2004-01005
Peo v Anderson, Tiheen	2004-00958
Peo v Andolina, Frank	2003-09698
Peo v Bailey, Todd	2004-00762
Peo v Billingslea, Yolanda	2004-01361
Peo v Brown, Trevor	2002-02851 + 1
Peo v Cato, Calvin	2004-01324
Peo v Corley, Thaddues	2004-01430 + 2
Peo v Crosby, Marvin	2004-01009
Peo v Edite, Rodney	2004-01347
Peo v France, Leon	2004-00157
Peo v Garcia, James	2004-01004
Peo v Headley, Troy	2003-10830
Peo v Jackson, Jermaine	2003-06111
Peo v Johnson, James	2002-02820
Peo v Kliti, Mohammed	2003-00634
Peo v Lopez, Geovanny	2002-07219
Peo v Martin, Lurline, a/k/a Anderson, Jeanne	2003-01809
Peo v Morales, Julio	2003-11250
Peo v Nieves, Nelson	2004-01006
Peo v Persaud, Sagin	2003-07066
Peo v Peters, Clifford	2003-06133
Peo v Philip, Gregory	2003-10073
Peo v Ramos, Carlos	2003-10542
Peo v Rosario, Luis	2003-02824
Peo v Salnave, Lucien	2003-11079
Peo v Sealy, Hubert	2004-01194
Peo v Stephen, Sean	2004-01413
Peo v Summa, Robert	2003-08142
Peo v Wiggins, Robert	2001-09564

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9809

R/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-02438
William G. Bosman, plaintiff-respondent, v
Reckson FS Limited Partnership,
defendant-appellant, et al., defendants
(and a third-party action).

(Index No. 22372/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from order of the Supreme Court, Suffolk County, entered March 16, 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 all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 3, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 3, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

FLORIO, J.P., SMITH, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9780

R/sl

FRED T. SANTUCCI, J.P.

MYRIAM J. ALTMAN

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2004-02377
Brooklyn House of Hardware and Locks, Inc.,
respondent, v Jeanie Fried, appellant.

(Index No. 25376/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 9, 2004.

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

ORDERED that the motion is granted and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 3, 2004; and it is further

ORDERED that in the event the appeal is not perfected on or before May 3, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9696

C/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2003-08941, 2003-08943
Joanne Catania, respondent, v Anthony J.
DeCintio, defendant third-party plaintiff-
appellant; Andrew J. Schatkin, third-party
defendant-respondent.
(Index No. 13972/98)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-appellant to stay enforcement of a judgment of the Supreme Court, Suffolk County, entered June 26, 2003, pending the hearing and determination of appeals from the judgment and an order of the same court dated October 15, 2002.

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.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9727

O/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2004-00996, 2004-02383
Lyle Cogen, et al., respondents, v Robin Klinger
Children's Entertainment, et al., appellants.
(Index No. 5575/03)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order and a judgment of the Supreme Court, Kings County, dated December 9, 2003, and February 6, 2004, inter alia, to consolidate the appeals and, in effect, to amend so much of a decision and order on motion of this court dated February 24, 2004, as conditioned a stay of proceedings to enforce the judgment upon perfection of the appeal from the order on or before March 24, 2004.

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

ORDERED that the decision and order of this court dated February 24, 2004, is amended by deleting from the decretal paragraphs thereof the date "March 24, 2004," and substituting therefor the date "May 3, 2004," on condition that the undertaking previously filed with the Nassau County Treasurer remain posted and the appeal from the judgment is perfected on or before May 3, 2004; 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 the motion is otherwise denied.

S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9704

C/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2002-08474, 2003-03298
George T. Glibbery, respondent-appellant,
v Cosenza & Associates, Inc., et al., respondents,
Exchange Place Urban Renewal Associates
Limited Partnership, appellant-respondent
(and a third-party action).
(Index No. 23460/99)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant, inter alia, for leave to reargue appeals from two orders of the Supreme Court, Queens County, dated June 28, 2002, and March 10, 2003, respectively, which were determined by decision and order of this court dated February 9, 2004.

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

ORDERED that the motion is denied, with $100 costs.

SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9811

Y/sl

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-00339
Louise Maiello, et al., respondents, v
Eastchester Union Free School District, appellant.
(Index No. 11922/02)

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, Westchester County, entered December 9, 2003.

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

ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.

SMITH, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9779

C/sl

FRED T. SANTUCCI, J.P.

MYRIAM J. ALTMAN

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2004-01547
Thomas O'Leary, etc., respondent, v
Bravo Hylan, LLC, d/b/a Rio Bravo Cantina,
et al., appellants.
(Index No. 11766/99)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated January 23, 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.

SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9823

C/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-01823

Lloyd Parks, plaintiff, v
Scott Mosby, et al., defendants.

DECISION & ORDER ON MOTION
Motion for Leave to Appeal to the
Appellate Division

Motion by the defendant Dawn Mosby for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, 2nd and 11th Judicial Districts, dated December 10, 2003, which reversed an order of the Civil Court, Queens County, entered December 19, 2002, and to stay the enforcement of an income execution and a judgment entered July 18, 1991.

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

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

ORDERED that the branches of the motion which are to stay the enforcement of the income execution and the judgment entered July 18, 1991, are denied as academic.

KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9804

M/nal

2003-05936
Melvyn I. Weiss, et al., appellants, v
Polymer Plastics Corporation, et al.,
respondents.
(Index No. 19550/99)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated May 16, 2003.

ORDERED that the record and brief that were deposited in the office of the clerk of this court on April 1, 2004, are accepted for filing.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9263

M/nal

2003-10386
In the Matter of Ronald A. (Anonymous),
respondent; Corporation Counsel of City of
New York, appellant.
(Docket No. D-22889/03)

SCHEDULING ORDER

Appeal by the Presentment Agency from an order of the Family Court, Kings County, dated October 24, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 18, 2004. 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 brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk

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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9759

M/nal

2003-02549, 2003-02862, 2003-02863
In the Matter of Dayjah Ann B. (Anonymous),
a/k/a Dayjah B. (Anonymous).
St. Christopher-Ottillie, respondent;
Verron V. (Anonymous), appellant.
(Proceeding No. 1)
(Docket No. B-9943/99)
In the Matter of Daauwd David Michael
Muhammad B. (Anonymous), a/k/a Daauwd B.
(Anonymous).
St. Christopher-Ottillie, respondent;
Verron V. (Anonymous), appellant.
(Proceeding No. 2)
(Docket No. B-9944/99)
In the Matter of Koran Hassan Muhammed V.
(Anonymous), a/k/a Koran V. (Anonymous).
St. Christopher-Ottillie, respondent;
Verron V. (Anonymous), appellant.
(Proceeding No. 3)
(Docket No. B-4647/02)

SCHEDULING ORDER

Appeals by Verron V. from three orders of the Family Court, Kings County, all dated February 19, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until May 14, 2004.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9756

M/nal

2003-04594
In the Matter of Brandy Cambridge, appellant,
v Scott Alan Cambridge, respondent.
(Docket No. V-11733-98)

SCHEDULING ORDER

Appeal by Brandy Cambridge from an order of the Family Court, Queens County, dated May 13, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent and/or the law guardian to serve and file their briefs on the appeal is enlarged until April 13, 2004.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9810

O/sl

FRED T. SANTUCCI, J.P.

MYRIAM J. ALTMAN

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2004-02395
In the Matter of Durante Bros. Construction
Corp., respondent, v St. John's Cemetery,
a/k/a Saint John's Cemetery, appellant.
(Index No. 9996/02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Queens County, dated March 12, 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 branch of the motion which is to stay enforcement of the order pending hearing and determination of the appeal is granted and enforcement of the order dated March 12, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 5, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 5, 2004, 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 as academic.

SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9595

A/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-10287

In the Matter of Desiree G. (Anonymous).
Suffolk County Department of Social Services,
petitioner-respondent; Barbara F. (Anonymous),
appellant, et al., respondent.
(Proceeding No. 1)
In the Matter of Leslie T. (Anonymous).
Suffolk County Department of Social Services,
petitioner-respondent; Barbara F. (Anonymous),
appellant, et al., respondent.
(Proceeding No. 2)
In the Matter of Sarah T. (Anonymous).
Suffolk County Department of Social Services,
petitioner-respondent; Barbara F. (Anonymous),
appellant, et al., respondent.
(Proceeding No. 3)
(Docket Nos. N-10490/03, N-10492/03, N-10493/03
N-10495/03, N-10496/03, N-10497/03)

DECISION & ORDER ON MOTION

Appeal by Barbara F. from an order of the Family Court, Suffolk County, dated October 22, 2003. By order to show cause dated January 30, 2004, the parties or their attorneys were 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 a scheduling order dated December 17, 2003, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated December 17, 2003 (see 22 NYCRR 670.4[a][5]).

SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9754

M/nal

2003-07835
In the Matter of Dawn Marie Guzzi, respondent,
v Joseph A. Giacalone, appellant.
(Docket No. F-03938/99)

SCHEDULING ORDER

Appeal by Joseph A. Giacalone from an order of the Family Court, Suffolk County, dated July 22, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 30, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9691

M/nal

2004-02536
In the Matter of Joseph A. Hores, appellant,
v Christine A. Hores, respondent.
(Docket No. F-1441-01)

SCHEDULING ORDER

Appeal by Joseph A. Hores from an order of the Family Court, Nassau County, dated February 18, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

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

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk

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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9758

M/nal

2003-11006
In the Matter of Susan B. Huddleston, respondent,
v Norman Huddleston, appellant.
(Docket No. F-13645/02)

SCHEDULING ORDER

Appeal by Norman Huddleston from an order of the Family Court, Westchester County, dated November 7, 2003. The transcripts in the above-entitled appeal were received by the appellant on March 22, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 45 days of the date of this order, counsel for the appellant shall perfect the appeal or submit an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that assigned counsel is directed to provide copies of the transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that if the appeal has not been perfected or withdrawn within 45 days of the date of this order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9692

M/nal

2004-02527
In the Matter of Kelly M. King-Smith, respondent,
v James E. Smith, appellant.
(Docket No. O-19626-03)

SCHEDULING ORDER

Appeal by James E. Smith from an order of the Family Court, Suffolk County, dated February 20, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

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

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

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk

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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9769

M/nal

2003-07824
In the Matter of Sheldon Martin, respondent,
v Lois P. Martin, appellant.
(Docket No. V-02621/01)

SCHEDULING ORDER

Appeal by Lois P. Martin from an order of the Family Court, Suffolk County, dated July 8, 2003. By decision and order on motion of this court dated March 30, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Gina M. Scelta, Esq.

P.O. Box 407

Centerport, New York 11721

(631) 547-9311

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 45 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 45 days of the date of this scheduling order; and it is further,

ORDERED that within 20 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated March 30, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 20 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk

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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9693

M/nal

2004-02529
In the Matter of Francisco Perez, appellant,
v Suffolk County Department of Social Services,
respondent.
(Docket No. V-10-03)
In the Matter of Maria Papano, appellant,
v Suffolk County Department of Social Services,
et al., respondents.
(Docket Nos. V-17452-02, V-17453-02, V-17454-02)

SCHEDULING ORDER

Appeal by Francisco Perez and Maria Papano from an order of the Family Court, Suffolk County, dated March 16, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellants of the transcripts of the minutes of the proceedings in the Family Court, and the appellants shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellants shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

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

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

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9694

M/nal

2004-02593
In the Matter of Michael Angel R. (Anonymous).
Salvation Army, respondent;
Rosella Ellen R. (Anonymous), appellant.
(Docket No. B-16480/01)

SCHEDULING ORDER

Appeal by Rosella Ellen R. from an order of the Family Court, Kings County, dated January 23, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

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

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

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

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9757

M/nal

2003-05533, 2003-05534
In the Matter of Grace M. Stone, respondent,
v Kirk A. McLeod, appellant.
(Docket No. P-507-01)

SCHEDULING ORDER

Appeals by Kirk A. McLeod from two orders of the Family Court, Suffolk County, both dated May 20, 2003. The appellant's brief was filed in the office of the Clerk of this court on January 21, 2004. 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 brief shall be served and filed on or before May 22, 2004.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9755

M/nal

2003-10473
In the Matter of Kadeem W. (Anonymous),
appellant.
(Docket No. D-10362/03)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Queens County, dated November 5, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until June 2, 2004.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9709

C/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-10460
In the Matter of Matthew Y. (Anonymous).
Ohel Children's Home and Services, respondent;
Ebrahim Y. (Anonymous), appellant.
(Proceeding No. 1)
(Docket No. NN-04433/02)
In the Matter of Matania Y. (Anonymous).
Ohel Children's Home and Services, respondent;
Ebrahim Y. (Anonymous), appellant.
(Proceeding No. 2)
(Docket No. NN-10131/99)
In the Matter of Mina Y. (Anonymous).
Ohel Children's Home and Services, respondent;
Ebrahim Y. (Anonymous), appellant.
(Proceeding No. 3)
(Docket No. NN-10132/99)
In the Matter of Moshe Y. (Anonymous).
Ohel Children's Home and Services, respondent;
Ebrahim Y. (Anonymous), appellant.
(Proceeding No. 4)
(Docket No. NN-10133/99)

DECISION & ORDER ON MOTION

Appeal by Ebrahim Y. from an order of the Family Court, Queens County, dated November 10, 2003. By order to show cause dated March 1, 2004, the parties or their attorneys were 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 proceedings for failure to comply with a scheduling order dated January 6, 2004, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 6, 2004.

ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9504

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2004-01128

The People, etc., respondent,
v Jose Acosta, appellant.
(Ind. No. 8499/02)

DECISION & ORDER ON MOTION
Motion for Leave to Serve
Late Notice of Appeal, for Poor
Person Relief & to Assign
Counsel - Appeal from Judgment

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered October 29, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the 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 in 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

ALTMAN, J.P., FLORIO, LUCIANO, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 R 5700

Mohawk Corr. Fac.

6100 School Road - Box 8451

Rome, New York 13442

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7660

C/sl

FRED T. SANTUCCI, J.P.

THOMAS A. ADAMS

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-02819
The People, etc., respondent,
v Nashir Ahmed, appellant.
(Ind. No. 641/01)

DECISION & ORDER ON MOTION

Motion by retained counsel to be relieved as the retained counsel for the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered March 25, 2003, and to be assigned under County Law § 18-B as the appellant's counsel to prosecute the appeal.

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

ORDERED that the branch of the motion which is to be relieved as retained counsel is granted, and Ronna Gordon-Galchus is relieved as the retained counsel for the appellant; and it is further,

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

ORDERED that on the court's own motion, pursuant to County Law § 18-B the following named attorney is assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellete Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that Ronna Gordon-Galchus is directed to turn over all papers in the action to new counsel assigned herein; 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,

SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9446

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2001-01086

The People, etc., respondent,
v Gilbert Alicea, appellant.

(Ind. No. 8006/99)

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 Supreme Court, Kings County, rendered January 5, 2001, 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 counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

KRAUSMAN, J.P., GOLDSTEIN, ADAMS, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

01 R 0210

Oneida Corr. Fac.

Box 4580

Rome, New York 13442

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9513

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

BARRY A. COZIER, JJ.

2004-01005

The People, etc., respondent,
v Supreme Allah, appellant.
(Ind. No. 8859/02)

DECISION & ORDER ON MOTION
Motion for Leave to Serve
Late Notice of Appeal, for Poor
Person Relief & to Assign
Counsel - Appeal from Judgment

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered May 20, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

ALTMAN, J.P., S. MILLER, KRAUSMAN, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 3720

Oneida Corr. Fac.

6100 School Rd. - P.O. Box 4580

Rome, New York 13442

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9445

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00958

The People, etc., respondent,
v Tiheen Anderson, appellant.

(Ind. No. 3931/02)

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 Supreme Court, Queens County, rendered January 8, 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 that the motion is granted; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

04 A 1001

Downstate Corr. Fac.

P.O. Box 445 - Red Schoolhouse Rd.

Fishkill, New York 12524

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9441

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-09698

The People, etc., respondent,
v Frank Andolina, appellant.

(Ind. No. 8215/02)

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 Supreme Court, Kings County, rendered May 20, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 R 3030

Mohawk Corr. Fac.

6100 School Road - Box 8450

Rome, New York 13440

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9440

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00762

The People, etc., respondent,
v Todd Bailey, appellant.

(Ind. No. 4217/03)

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 Supreme Court, Kings County, rendered January 13, 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 that the motion is granted; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

04 A 0298

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9511

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

DANIEL F. LUCIANO

STEPHEN G. CRANE, JJ.

2004-01361

The People, etc., respondent,
v Yolanda Billingslea, appellant.
(Ind. No. 5060/02)

DECISION & ORDER ON MOTION
Motion for Leave to Serve
Late Notice of Appeal, for Poor
Person Relief & to Assign
Counsel - Appeal from Judgment

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered October 2, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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., RITTER, LUCIANO, and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 G 1017

Bedford Hill Corr. Fac.

Box 1000

Bedford Hills, New York 10507

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9801

A/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2002-02851, 2002-02852
The People, etc., respondent,
v Trevor Brown, appellant.
(Ind. Nos. 4631/94, 5899/99)

DECISION & ORDER ON MOTION
Motion to File A Supplemental
Reply Brief

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on appeals from two judgments of the Supreme Court, Kings County, both rendered February 20, 2002.

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.

FLORIO, J.P., S. MILLER, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02-R-1042

Mohawk Correctional Facility

6100 School Road

Rome, NY 12929

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9447

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-01324

The People, etc., respondent,
v Calvin Cato, appellant.

(Ind. No. 2392/02)

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 Supreme Court, Queens County, rendered February 11, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

KRAUSMAN, J.P., GOLDSTEIN, ADAMS, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

04 A 9060

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9650

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2004-01430, 2004-01974, 2004-01975

The People, etc., respondent,
v Thaddues Corley, appellant.
(Ind. Nos. 3478/02, 10015/02, 10628/02)

DECISION & ORDER ON MOTION
Motion for Leave to Serve
Late Notice of Appeal, for Poor
Person Relief & to Assign
Counsel - Appeal from Judgment

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take appeals from three judgments of the Supreme Court, Queens County, all rendered December 2, 2003, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appellant's moving papers are deemed to constitute timely notices of appeal; 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 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals 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 or her representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

ALTMAN, J.P., S. MILLER, CRANE, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 6467

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9648

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-01009

The People, etc., respondent,
v Marvin Crosby, appellant.

(Ind. No. 5287/01)

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 Supreme Court, Kings County, rendered January 27, 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 that the motion is granted; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

04 A 0652

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9512

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

DANIEL F. LUCIANO

STEPHEN G. CRANE, JJ.

2004-01347

The People, etc., respondent,
v Rodney Edite, appellant.
(Ind. No. 1644/02)

DECISION & ORDER ON MOTION
Motion for Leave to Serve
Late Notice of Appeal, for Poor
Person Relief & to Assign
Counsel - Appeal from Judgment

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered March 3, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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., RITTER, LUCIANO, and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 1371

Clinton Corr. Fac.

Box 2002

Dannemora, New York 12929

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9449

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-00157

The People, etc., respondent,
v Leon France, appellant.

(Ind. No. 1516/00)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered December 4, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

KRAUSMAN, J.P., GOLDSTEIN, ADAMS, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 R 6217

Riverview Corr. Fac.

Box 158

Ogdensburg, New York 13669

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9646

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-01004

The People, etc., respondent,
v James Garcia, appellant.

(Ind. No. 6645/03)

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 Supreme Court, Kings County, rendered January 26, 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 that the motion is granted; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

04 A 0630

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8563

S/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2003-10830
The People, etc., respondent,
v Troy Headley, appellant.
(Ind. No. 11348/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered October 1, 2003, as a poor person and for the assignment of counsel. By decision and order on motion dated February 2, 2004, the appellant was ordered to show cause why an order should not be entered dismissing the appeal on the ground that the notice of appealwas untimely (see CPL 460.10[1][a], 460.30), and the appellant had not sought leave to file a late notice of appeal, and the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was held in abeyance in the interim. Motion by the appellant pursuant to CPL 460.30 for an extension of time to take the appeal.

Upon the papers filed in support of the motions, the papers filed in relation thereto, and the papers filed in response to the order to show cause, it is

ORDERED that the motions to extend the time to take the appeal and for leave to prosecute the appeal as a poor person and for the assignment of counsel are granted; and it is further,

ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellete Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that the motion to dismiss the appeal is denied; and it is further,

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

SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9645

HOWARD MILLER, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2003-06111

The People, etc., respondent,
v Jermaine Jackson, appellant.

(Ind. No. 4061/02)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered July 2, 2003, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in 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 counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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., ADAMS, TOWNES, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 3760

Clinton Corr. Fac.

Box 2002

Dannemora, New York 12929

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9454

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2002-02820

The People, etc., respondent,
v James Johnson, appellant.

(Ind. No. 6054/01)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered March 15, 2002, 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 counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

RITTER, J.P., GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 A 1869

Shawangunk Corr. Fac.

Box 700

Wallkill, New York 12589

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9477

DAVID S. RITTER, J.P.

SONDRA MILLER

HOWARD MILLER

STEPHEN G. CRANE, JJ.

2003-00634

The People, etc., respondent,
v Mohammed Kliti, appellant.

(Ind. No. 3151/01)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered December 17, 2002, 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 counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

RITTER, J.P., S. MILLER, H. MILLER, and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 R 6717

Washington Corr. Fac.

72 Lock 11 Lane - Box 180

Comstock, New York 112821

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9605

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2002-07219
The People, etc., respondent,
v Geovanny Lopez, appellant.
(Ind. No. 1845/01)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered May 30, 2002. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on January 30, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Laura R. Johnson, Esq.

Criminal Appeals Bureau

The Legal Aid Society

199 Water Street - 3rd Floor

New York, New York 10038

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

ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

02 A 3291

Clinton Corr. Fac.

Box 2002

Dannemora, New York 12929

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9473

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

NANCY E. SMITH

REINALDO E. RIVERA, JJ.

2003-01809

The People, etc., respondent,
v Lurline Martin, a/k/a Jeannette Anderson, appellant.

(Ind. No. 653/97)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered December 4, 2002, 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 counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

ALTMAN, J.P., FLORIO, SMITH, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 G 1250

Albion Corr. Fac.

3595 State School Road

Albion, New York 14411

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8998

O/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-11250
The People, etc., respondent,
v Julio Morales, appellant.
(Ind. No. 11467/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered April 22, 2003, as a poor person and for the assignment of counsel. By decision and order on motion dated February 9, 2004, the appellant was ordered to show cause why an order should not be entered dismissing the appeal on the ground that the notice of appeal was untimely (see CPL 460.10[1][a], 460.30), and the appellant had not sought leave to file a late notice of appeal, and the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was held in abeyance in the interim. Motion by the appellant pursuant to CPL 460.30 for an extension of time to take the appeal.

Upon the papers filed in support of the motions, the papers filed in relation thereto, and the papers filed in response to the order to show cause, it is

ORDERED that the motions to extend the time to take the appeal and for leave to prosecute the appeal as a poor person and for the assignment of counsel are granted; and it is further,

ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellete Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that the motion to dismiss the appeal is denied; and it is further,

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

SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9649

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-01006

The People, etc., respondent,
v Nelson Nieves, appellant.

(Ind. No. 8703/02)

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 Supreme Court, Kings County, rendered January 26, 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 that the motion is granted; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

04 A 0641

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9476

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

NANCY E. SMITH

REINALDO E. RIVERA, JJ.

2003-07066

The People, etc., respondent,
v Sagin Persaud, appellant.

(Ind. No. 4418/97)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered May 20, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

ALTMAN, J.P., FLORIO, SMITH, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 R 4358

Collins Corr. Fac.

Box 340

Collins, New York 14034

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9681

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2003-06133

The People, etc., respondent,
v Clifford Peters, appellant.

(Ind. No. 5267/97)

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 by permission, from an order of the Supreme Court, Kings County, dated October 8, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

98 A 4308

Five Points Corr. Fac.

Box 119

Romulus, New York 14541

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9442

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10073

The People, etc., respondent,
v Gregory Philip, appellant.

(Ind. No. 10224/03)

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 Supreme Court, Queens County, rendered June 2, 2003, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in 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 counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 R 3369

Wyoming Corr. Fac.

Box 501

Attica, New York 14011

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9305

S/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-10542
The People, etc., respondent,
v Carlos Ramos, appellant.
(Ind. No. 5886/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered June 5, 2003, as a poor person and for the assignment of counsel. By decision and order on motion dated February 10, 2004, the appellant was ordered to show cause why an order should not be entered dismissing the appeal on the ground that the notice of appeal was untimely (see CPL 460.10[1][a], 460.30), and the appellant had not sought leave to file a late notice of appeal, and the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was held in abeyance in the interim. Motion by the appellant pursuant to CPL 460.30 for an extension of time to take the appeal.

Upon the papers filed in support of the motions, the papers filed in relation thereto, and the papers filed in response to the order to show cause, it is

ORDERED that the motions to extend the time to take the appeal and for leave to prosecute the appeal as a poor person and for the assignment of counsel are granted; and it is further,

ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellete Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that the motion to dismiss the appeal is denied; and it is further,

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

KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9821

C/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

GABRIEL M. KRAUSMAN

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2003-02824
The People, etc., respondent,
v Luis Rosario, appellant.
(Ind. No. 931/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a sentence of the Supreme Court, Queens County, imposed March 19, 2003.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., FLORIO, KRAUSMAN, H. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9436

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-11079

The People, etc., respondent,
v Lucien Salnave, appellant.

(Ind. No. 1416/00)

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 Supreme Court, Queens County, rendered December 10, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 6754

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9472

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2004-01194

The People, etc., respondent,
v Hubert Sealy, appellant.

(Ind. No. 3764/02)

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 Supreme Court, Queens County, rendered February 2, 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 that the motion is granted; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

SMITH, J.P., GOLDSTEIN, ADAMS, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9514

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-01413

The People, etc., respondent,
v Sean Stephen, appellant.
(Ind. No. 4588/02)

DECISION & ORDER ON MOTION
Motion for Leave to Serve
Late Notice of Appeal, for Poor
Person Relief & to Assign
Counsel - Appeal from Judgment

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered November 20, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and 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 appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

KRAUSMAN, J.P., GOLDSTEIN, ADAMS, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 6275

Collins Corr. Fac.

Box 340

Collins, New York 14034

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9455

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-08142

The People, etc., respondent,
v Robert Summa, appellant.

(Ind. No. 185/02)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Richmond County, rendered June 5, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

SMITH, J.P., GOLDSTEIN, ADAMS, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 3182

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9799

E/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2001-09564
The People, etc., respondent,
v Robert Wiggins, appellant.
(Ind. No. 622/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to hold in abeyance an appeal from a judgment of the County Court, Orange County, rendered October 25, 2001, pending hearing and determination of a motion to vacate the judgment of conviction pursuant to CPL article 440.

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

ORDERED that the motion is denied.

H. MILLER, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk