04-05-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR APRIL 5, 2005

TITLE	Case Number
Betancourt v Trump Empire State Partners	2004-07312
Chung v Rozenthal	2005-01676
Daly v Creese	2005-00081
DiGiorgi v DiGiorgi	2005-01082
Gebel v Upson	2004-10391
Guzman v Sands Mill Community Park, Inc.	2005-02208
Kuzmin v Visiting Nurse Service of New York	2004-03179
Nasta v Inconis	2005-02343
Owens v Jamaica Hospital Center	2005-02168
Padilla v Arcamone	2004-08305
Regensdorfer v Orange Regional Medical Center	2004-10016
Mtr of B. (Anonymous), Leonard D.; County of	2005-01443
Mtr of C. (Anonymous), Alexis; C., Cheyenne;	2004-09520 +1
Mtr of C. (Anonymous), Jessica; Presentment A	2005-01512 +1
Mtr of C. (Anonymous), Latifah, Latisha, Lyas	2004-10147 +2
Mtr of Ford v Tindal	2005-01167
Mtr of G. (Anonymous), Starcy Marie; Suffolk	2004-10771 +1
Mtr of Gabriel v Cooper	2005-02158
Mtr of Gainza v Gainza	2005-02289
Mtr of H. (Anonymous), Q.L.; R. (Anonymous),	2004-11330 +3
Mtr of John A. Corrieri, Inc. v Martinez	2004-00782
Mtr of Kennedy v Kennedy	2005-00199
Mtr of Laboy v Melendez	2004-10993
Mtr of R. (Anonymous), Deanna; Suffolk County	2004-09764
Mtr of Surace v Sinek	2005-01911
Mtr of Zindle v Hernandez	2004-08262
Peo v Allan, Bakhosheq	2004-10636
Peo v Archer, Maynard	2004-01321
Peo v Baldares-Lima, Diego	2004-09072
Peo v Castanada, Evaristo	2004-07417
Peo v Clarke, Oneil	2005-00902
Peo v Crump, Dennis	2005-01293
Peo v Devaughn, Alex	2004-08314
Peo v Diaz, Efraim	2003-06900 +1
Peo v Fong, Micky	2003-01910
Peo v Forino, Joseph	2005-02128
Peo v Hernandez, Oscar	2005-01712
Peo v Hosgor, Cetin	2004-06399
Peo v Johnson, Joseph	2004-02582
Peo v Keys, J.R.	2005-01710
Peo v Leiva, Hector S.	2004-10662
Peo v Rivera, Abel	2005-00317 +1
Peo v Rivera, Robert	2005-00646
Peo v Smith, Giovanni	2002-02616
Peo v Smith, Jermaine	2003-02354
Peo v Velez, Roberto	2002-01397

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

Appellate Division: Second Judicial Department

M23592

S/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-07312
Robert Betancourt, respondent,
v Trump Empire State Partners,
etc., et al., appellants.

(Index No. 49457/02)

DECISION & ORDER ON MOTION

Motion by the appellant Kam Construction Corp. to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Kings County, dated June 18, 2004.

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

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

ADAMS, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23590

S/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-01676
Francis Chung, plaintiff-appellant,
v Eduard Rozenthal, et al., defendants,
Igor Nikishin, respondent, Jon A. Gard,
defendant-appellant.

(Index No. 22608/02)

DECISION & ORDER ON MOTION

Motion by the plaintiff-appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Kings County, dated January 10, 2005.

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

ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before May 5, 2005; and it is further,

ORDERED that in the event the appeals are not perfected on or before May 5, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

ADAMS, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23644

Y/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2005-00081
John Daly, et al., respondents, v
David Creese, et al., appellants
(and third-party actions).
(Index No. 918/02)

DECISION & ORDER ON MOTION

Motion by the appellants to reargue a prior motion to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered December 10, 2004, which was determined by decision and order on motion of this court dated February 25, 2005.

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.

SCHMIDT, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23628

M/nal

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2005-01082

Steven DiGiorgi, appellant,
v Carolyn DiGiorgi, respondent.
(Index No. 23320-01)

DECISION & ORDER ON MOTION

Appeal by Steven DiGiorgi from an order of the Supreme Court, Suffolk County, dated December 22, 2004. By order to show cause dated March 16, 2005, 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 February 10, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

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

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until May 12, 2005.

FLORIO, J.P., ADAMS, LUCIANO 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

M23573

2004-10391

Paul Gebel, appellant,
v Robert Upson, et al., respondents.
(Index No. 32163/02)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Suffolk County, dated September 29, 2004.

Upon the stipulation of the attorneys for the respective parties, dated March 22, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M23588

Y/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-02208
Fredy Guzman, plaintiff, v
Sands Mill Community Park, Inc., et al., defendants,
Wilder Drywall, Inc., third-party defendant fourth-
party plaintiff-respondent, Triad Contracting, Inc.,
fourth-party defendant-appellant.
(Index No. 3592/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated January 31, 2005.

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

ORDERED that the motion is denied.

ADAMS, J.P., RITTER, GOLDSTEIN 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

M23641

S/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-03179
Tatiana Kuzmin, appellant,
v Visiting Nurse Service of New York, et al.,
respondents.
(Index No. 13483/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 7, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated March 12, 2004, for failure to file a complete record, and cross motion by the appellant for leave to serve and file a supplemental record and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

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

ORDERED that on the court's own motion, the record on appeal is deemed to be an appendix; and it is further,

ORDERED that the branch of the cross motion which is to waive the requirements of 22 NYCRR 670.10.2(f) is granted ; and it is further,

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

ORDERED that the motion is denied.

ADAMS, J.P., KRAUSMAN, RIVERA 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

M23620

O/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-02343
Vilma Nasta, et al., plaintiffs-respondents,
v Felicidad P. Inconis, defendant-respondent,
Giuseppina Nasta, appellant.
(Index No. 18792/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings, including the trial in the above-entitled action, pending hearing and determination of an appeal from a judgment of the Supreme Court, Nassau County, dated February 28, 2005.

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

ORDERED that the motion is denied.

ADAMS, J.P., RITTER, GOLDSTEIN 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

M23589

E/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-02168

Crystal Owens, respondent,
v Jamaica Hospital Center, et al., appellants.

(Index No. 52612/02)

DECISION & ORDER ON MOTION

Motion by the appellant Roberto E. Gronato on appeals from an order of the Supreme Court, Kings County, dated February 4, 2005, to stay discovery and the trial in the above-entitled matter pending hearing and determination of the appeals.

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

ORDERED that the motion is denied.

ADAMS, J.P., RITTER, GOLDSTEIN 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

M23570

2004-08305
Louis Padilla, et al., respondents,
v Giovanne G. Arcamone, defendant;
Tak Yim Wah, et al., appellants.
(Index No. 26562/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants Tak Yim Wah and Wah Tak Yim to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 24, 2004.

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

ORDERED that the application is granted and the appeal by Tak Yim Wah and Wah Tak Yim is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M23645

J/sl

2004-10016
Kimberly Regensdorfer, respondent,
v Orange Regional Medical Center, et al., appellants.
(Index No. 8408/03)

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 an order of the Supreme Court, Orange County, dated October 4, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 11, 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

M23473

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2005-01443

In the Matter of Leonard D. B. (Anonymous),
appellant.
(Docket No. D-13715-04)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated January 12, 2005, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the Law Guardian, Edith Orlian, Esq., 525 Northern Blvd., Suite 210, Great Neck, New York 11021, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:

Gail Jacobs, Esq.

47 Rose Avenue

Great Neck, New York 11021

(516) 773-3107

and it is further,

ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.

FLORIO, J.P., ADAMS, LUCIANO, 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

M23506

M/nal

2004-09520, 2004-09620
In the Matter of Alexis C. (Anonymous).
Administration for Children's Services respondent;
Valerie C. (Anonymous), et al., appellants.
In the Matter of Cheyenne C. (Anonymous).
Administration for Children's Services respondent;
Valerie C. (Anonymous), et al., appellants.
In the Matter of Justin N. (Anonymous).
Administration for Children's Services respondent;
Valerie C. (Anonymous), et al., appellants.
(Docket Nos. N-15008-01, N-15009-01, N-15010-01)

SCHEDULING ORDER

Appeals by Valerie C. from two orders of the Family Court, Queens County, dated June 4, 2004, and September 27, 2004, respectively, and separate appeal by Damien N. from the order dated September 27, 2004. By decision and order on motion of this court dated March 23, 2005, the following attorney was assigned as counsel to Valerie C. on the appeals:

Richard L. Herzfeld, Esq.

555 Fifth Avenue - 14th Floor

New York, New York 10017

(212) 818-9019

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

ORDERED that the appeals in the above-entitled proceedings shall be perfected either within 60 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 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 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 appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated March 23, 2005, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals; 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 appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.

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

Appellate Division: Second Judicial Department

M23476

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2005-01512, 2005-01513

In the Matter of Jessica C. (Anonymous),
appellant.
(Docket No. D-5307-04)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Richmond County, dated December 29, 2004, and January 18, 2005, respectively, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the Law Guardian, Richard D. Katz, Esq., 43 New Dorp Plaza, Staten Island, New York 10306, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:

Andrew John Calcagno, Esq.

404 Manor Road - 1st Floor

Staten Island, New York 10314

(718) 815-0200

and it is further,

ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.

FLORIO, J.P., ADAMS, LUCIANO, 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

M23553

Y/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2004-10147, 2004-10148, 2004-10149
In the Matter of Latifah C. (Anonymous).
Administration for Children's Services,
petitioner-respondent; Morris L. (Anonymous),
appellant; et al., respondent.
(Proceeding No. 1)
In the Matter of Latisha L. (Anonymous).
Administration for Children's Services,
petitioner-respondent; Morris L. (Anonymous),
appellant; et al., respondent.
(Proceeding No. 2)
In the Matter of Lyasia L. (Anonymous).
Administration for Children's Services,
petitioner-respondent; Morris L. (Anonymous),
appellant; et al., respondent.
(Proceeding No. 3)
(Docket Nos. N-11550/03, N-11551/03, N-11552/03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 28, 2005, in the above-entitled matter is amended by deleting from the third decretal paragraph thereof the name "Michael M. Lopoli", and substituting therefor the name "Matthew M. Lupoli".

FLORIO, J.P., S. MILLER, LUCIANO 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

M23602

THOMAS A. ADAMS, J.P..

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-01167

In the Matter of Candace Jones Ford,
appellant, v Krystal Tindal, respondent.
(Docket No. O-37210-04)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings 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 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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Dawn Shammas, Esq.

89-31 161st Street - Suite 605

Jamaica, New York 11435

(917) 609-2975

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

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

ADAMS, J.P., RITTER, GOLDSTEIN, 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

M23528

M/nal

2004-10771, 2004-10772
In the Matter of Starcy Marie G. (Anonymous).
Suffolk County Department of Social Services,
petitioner-respondent; Joy-Ann G. (Anonymous),
appellant, et al., respondent.
(Docket Nos. B-16412-03, B-16418-03)

SCHEDULING ORDER

Appeals by Joy-Ann G. from two orders of the Family Court, Suffolk County, dated June 11, 2004, and December 1, 2004, respectively. By decision and order on motion of this court dated March 23, 2005, the following attorney was assigned as counsel on the appeals:

Marlene Lange Budd, Esq.

2 Brush Place

Huntington, New York 11743-6404

(631) 421-3799

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

ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 60 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 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 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 appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

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

Appellate Division: Second Judicial Department

M23477

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2005-02158
In the Matter of Daria Michele Gabriel,
respondent, v Jokulo Mabusha Cooper, appellant.

(Docket No. F-941-03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated February 10, 2005, 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 branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,

ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).

FLORIO, J.P., ADAMS, LUCIANO, 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

M23601

THOMAS A. ADAMS, J.P..

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-02289

In the Matter of Juan Gainza,
appellant, v Lillian C. Gainza, respondent.
(Docket No. V-10129-04)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens 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 opposition thereto, it is

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

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Larry S. Bachner, P.C.

90-50 Parsons Blvd. - Suite 401

Jamaica, New York 11432

(917) 378-0176

and it is further,

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

ADAMS, J.P., RITTER, GOLDSTEIN, 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

M23467

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2004-11330, 2004-11331,
2004-11332, 2004-11334

In the Matter of Q. L. H. (Anonymous).
Administration for Children's Services,
respondent; C. M. W. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Y. L. R. (Anonymous).
Administration for Children's Services,
respondent; C. M. W. (Anonymous), appellant.
(Proceeding No. 2)
(Docket Nos. N-18613-02, N-18614-02)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by the appellant pro se for leave to prosecute appeals from four orders of the Family Court, Kings County, one order dated August 20, 2004, and three orders dated October 27, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:

Robert J. Marinelli, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11201

(718) 624-9391

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

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

FLORIO, J.P., ADAMS, LUCIANO, 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

M23575

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-00782
In the Matter of John A. Corrieri, Inc.,
petitioner, v Raymond P. Martinez, etc.,
respondent.
(Index No. 9548/03)

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78 transferred to this court by order of the Supreme Court, Queens County, dated January 6, 2004.

Upon the stipulation of the attorneys for the respective parties, dated March 9, 2005, and March 15, 2005, respectively, it is

ORDERED that the proceeding is marked withdrawn.

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

M23604

THOMAS A. ADAMS, J.P..

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-00199

In the Matter of Jearmy Kennedy, appellant,
v Jessica Kraft Kennedy, respondent.
(Docket No. V-11041-03)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by the appellant pro se for leave to prosecute an appeal from an amended order of the Family Court, Suffolk County, dated November 4, 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 Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Edward J. Grossman, Esq.

135 West Main Street

Smithtown, New York 11787

(631) 265-5864

and it is further,

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

ADAMS, J.P., RITTER, GOLDSTEIN, 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

M23471

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2004-10993

In the Matter of Lucila Laboy, respondent,
v Narcisso Melendez, appellant.
(Docket No. O-8392-04)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated October 12, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Larry S. Bachner, Esq.

90-50 Parsons Blvd. - Suite 401

Jamaica, New York 11432

(917) 378-0176

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., ADAMS, LUCIANO, 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

M23605

M/nal

2004-09764
In the Matter of Deanna R. (Anonymous).
Suffolk County Department of Social Services, respondent;
Sharon R. (Anonymous), appellant.
(Docket No. N-14469-03)

SCHEDULING ORDER

Appeal by Sharon R. from an order of the Family Court, Suffolk County, dated October 8, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M23571

2005-01911
In the Matter of Thomas Surace, petitioner-respondent,
v Marion S. Sinek, et al., respondents; County of
Westchester, et al., appellants.
(Index No. 1159/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 10, 2004.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M23527

M/nal

2004-08262
In the Matter of Thomas C. Zindle, respondent,
v Dorothy Hernandez, appellant.
(Docket No. V-10491/00)

SCHEDULING ORDER

Appeal by Dorothy Hernandez from an order of the Family Court, Queens County, dated August 17, 2004. By decision and order on motion of this court dated March 23, 2005, the following attorney was assigned as counsel on the appeal:

Kenneth M. Tuccillo, Esq.

251 E. 61st Street

New York, New York 10021

(212) 517-5000

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 60 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 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 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 transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated March , 23, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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 of the Court

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

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

Appellate Division: Second Judicial Department

M23623

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-10636

The People, etc., respondent,
v Bakhosheq Allan, appellant.
(Ind. No. 2316-02)

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

Renewed motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered August 3, 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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

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

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

ADAMS, J.P., RITTER, GOLDSTEIN, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4429

Upstate Corr. Fac.

Box 2000

Malone, New York 12953

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

Appellate Division: Second Judicial Department

M23608

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-01321
The People, etc., respondent,
v Maynard Archer, appellant.
(Ind. No. 365/03)

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 Supreme Court, Queens County, rendered February 3, 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 relation thereto, it is

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

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

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

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

ADAMS, J.P., RITTER, GOLDSTEIN, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 R 0545

Mt. McGregor Corr. Fac.

Box 2171

Wilton, New York 12831

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

Appellate Division: Second Judicial Department

M21733

HOWARD MILLER, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2004-09072
The People, etc., respondent,
v Diego Baldares-Lima, appellant.
(Ind. No. 04-00306)

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, Orange County, rendered September 29, 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 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:

Michele Marte-Indzonka, Esq.

46 South Plank Road

Newburgh, New York 12550

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., RITTER, MASTRO, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 4145

Lakeview Shock Inc. Fac.

Box T

Brocton, New York 14716

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

Appellate Division: Second Judicial Department

M23613

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-07417
The People, etc., respondent,
v Evaristo Castanada, appellant.
(Ind. No. 03-00989)

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 County Court, Orange County, rendered July 30, 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 opposition 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 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 co-defendant, 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.

ADAMS, J.P., RITTER, GOLDSTEIN, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

Joel K. Dranove, Esq.

299 Broadway - Suite 706

New York, New York 10007

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

Appellate Division: Second Judicial Department

M23617

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-00902

The People, etc., respondent,
v Oneil Clarke, appellant.
(Ind. No. 1745/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se an appeal from a judgment of the County Court, Nassau County, rendered January 21, 2005, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

ADAMS, J.P., RITTER, GOLDSTEIN 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

M23568

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-01293

The People, etc., respondent,
v Dennis Crump, appellant.
(Ind. No. 1855-04)

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 Supreme Court, Suffolk County, rendered January 19, 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 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:

05 A 0583

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

M23615

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-08314
The People, etc., respondent,
v Alex Devaughn, appellant.
(Ind. No. 749/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Queens County, rendered September 9, 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 opposition thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

H. MILLER, J.P., MASTRO, RIVERA 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

M23611

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-06900, 2004-05254
The People, etc., respondent,
v Efraim Diaz, appellant.
(Ind. No. 3169/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on appeals from a judgment of the Supreme Court, Queens County, rendered July 28, 2003, and an order of the same court, dated June 8, 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 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.

ADAMS, J.P., RITTER, GOLDSTEIN, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 4207

Auburn Corr. Fac.

135 State Street

Auburn, New York 13024

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

Appellate Division: Second Judicial Department

M23572

2003-01910

The People, etc., respondent,
v Micky Fong, appellant.
(Ind. No. 1760/99)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Queens County, rendered February 20, 2003.

Upon the stipulation of the attorneys for the respective parties, dated March 25, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M23625

THOMAS A. ADAMS, J.P..

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-02128

The People, etc., respondent,
v Joseph Forino, appellant.
(Ind. No. 2470/03)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered February 24, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Gail Patricia Ennis, Esq.

P. O. Box 220088

Great Neck, New York 11021

and it is further,

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

ADAMS, J.P., RITTER, GOLDSTEIN, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M23567

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2005-01712
The People, etc., plaintiff,
v Oscar Hernandez, defendant.
(Ind. No. 10799/02)

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, Queens County, rendered March 12, 2004.

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

ORDERED that the motion is denied.

FLORIO, J.P., ADAMS, LUCIANO, 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

M23627

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-06399
The People, etc., respondent,
v Cetin Hosgor, appellant.
(Ind. No. 2461-03)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered July 12, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on September 15, 2004, and the following named attorney was 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

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:

James Montgomery, Esq.

58 Ocean Avenue

Amityville, New York 11701

and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy if the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ADAMS, J.P., RITTER, GOLDSTEIN, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4143

Collins Corr. Fac.

P.O. Box 340

Collins, New York 14034-0340

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

Appellate Division: Second Judicial Department

M14127

S/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-02582
The People, etc., respondent, v
Joseph Johnson, appellant.

(Ind. No. 1871/96)

DECISION & ORDER ON MOTION
Court's Motion to Relieve Counsel
and to Assign New Counsel

The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a determination of the County Court, Suffolk County, dated March 8, 2004,was denied as unnecessary on May 26, 2004. The following named attorney who was assigned as counsel to represent the appellant before the County Court, Suffolk County, pursuant to Correction Law § 168-n(3) was directed to prosecute the appeal:

Karen M. Wilutis, Esq.

3233 Route 112

Medford, N.Y. 11763

On the court's own motion, it is

ORDERED that Karen M. Wilutis, Esq. is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

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

James Montgomery, Esq.

58 Ocean Avenue

Amityville, New York 11701

and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

97 A 1072

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

M23618

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-01710
The People, etc., respondent,
v J. R. Keys, appellant.
(Ind. No. 01-00363)

DECISION & ORDER ON MOTION

Motion by the appellant pro se an appeal from a judgment of the County Court, Orange County, rendered February 1, 2005, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

ADAMS, J.P., RITTER, GOLDSTEIN 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

M23564

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2004-10662

The People, etc., respondent,
v Hector S. Leiva, appellant.
(Ind. No. 1561/03)

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 County Court, Nassau County, rendered November 4, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Richard Rountry, Esq.

396 Roosevelt Avenue

Freeport, New York 11520

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., ADAMS, LUCIANO, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

152 Austrian Drive

Blandon, Pennsylvania 19510

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

Appellate Division: Second Judicial Department

M23569

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-00317, 2005-00319

The People, etc., respondent,
v Abel Rivera, appellant.
(Ind. Nos. 04-00575, 04-00594)

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 appeals from two judgments of the County Court, Orange County, both 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 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:

Michele Marte-Indzonka, Esq.

46 South Plank Road

Newburgh, New York 12550

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:

04 A 6797

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

M23304

FRED T. SANTUCCI, J.P.

2005-00646

The People, etc., plaintiff,
v Robert Rivera, defendant.
(Ind. No. 313/00)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Richmond County, dated December 17, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

FRED T. SANTUCCI

Associate Justice

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

Appellate Division: Second Judicial Department

M23566

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2002-02616
The People, etc., respondent,
v Giovanni Smith, appellant.
(Ind. No. 8623/00)

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 March 6, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

Upon the papers filed in support of the motion and the papers filed in 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 adv ise the appellant of the date by which the minutes are to be returned and the brief filed.

FLORIO, J.P., ADAMS, LUCIANO, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 1700

Fishkill Corr. Fac.

Box 1245

Beacon, New York 12508

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

Appellate Division: Second Judicial Department

M23565

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2003-02354
The People, etc., respondent,
v Jermaine Smith, appellant.
(Ind. No. 9851/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an

appeal from a judgment of the Supreme Court, Kings County, rendered February 26, 2003.

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

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

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before June 6, 2005.

FLORIO, J.P., ADAMS, LUCIANO, 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

M23621

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2002-01397
The People, etc., respondent,
v Roberto Velez, appellant.
(Ind. No. 11578/93)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered February 1, 2002, 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 relation thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction.

ADAMS, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court