APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9969
S/sl
|
2003-08836 Daliah Abraham, respondent-appellant, v Jamil Abraham, appellant-respondent. (Index No. 22371/90)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated September 5, 2003.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until June 7, 2004, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9976
S/sl
|
2003-08974 Benjamin Shapiro Realty Limited Liability Co., appellant, v 57th Street, LLC, et al., defendants third-party plaintiffs-respondents; Halpern Construction, Inc., third-party defendant-respondent. (Index No. 8807/02)
| ORDER ON APPLICATION |
Application by the respondents 57th Street, LLC, and Sbarro, Inc., 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, Westchester County, dated September 12, 2003.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until June 1, 2004, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9891
R/sl
DANIEL F. LUCIANO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2003-11261 Denzil Grange, plaintiff-respondent, v Lashanda V. Jacobs, appellant, Juan A. Moreno, defendant-respondent.
(Index No. 12922/00)
| 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 October 2, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 7, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 7, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
LUCIANO, J.P., H. MILLER, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9667
E/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2004-01925 Helen Gurman, et al., respondents, v Daphne M. N. Fotiades, et al., appellants.
(Index No. 273/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Suffolk County, entered August 13, 2003, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9915
C/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-08634 Agata Lisok, appellant, v Club Exit, Inc., respondent. (Index No. 08634/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 24, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until June 8, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9977
S/sl
|
2003-09077 Maureen Richardt, appellant, v Anna M. Richardt, et al., respondents. (Index No. 2457/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated September 29, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 9, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9973
S/sl
|
2003-08514 Neakolaos Roussos, appellant, v Gina Ciccotto, et al., respondents. (Index No. 23433/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated July 31, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 18, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9966
C/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-06192 Lakhi Shroff, respondent-appellant, v Astoria Federal Savings & Loan Association, et al., defendants, Amba Sharma, appellant- respondent. (Index No. 26103/93)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated June 13, 2003, in effect, to recall and vacate an order on application of this court dated March 15, 2004, which marked the cross appeal as withdrawn, and to reinstate the cross appeal.
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 order on application of this court dated March 15, 2004, is recalled and vacated; and it is further,
ORDERED that the cross appeal is reinstated; and it is further,
ORDERED that the brief of the respondent-appellant shall be served and filed in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9970
S/sl
|
2003-07302 James M. Turnbull, et al., appellants, v MTA New York City Transit, respondent. (Index No. 26485/99)
| 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 and judgment (one paper) of the Supreme Court, Kings County, dated July 10, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 12, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9916
C/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-08019 Jane A. Wade, respondent, v Sheldon Steinfeld, appellant. (Index No. 17276/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered April 25, 2003, on the ground that the appeal was not timely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion the respondent's time to serve and file a brief is enlarged until May, 17, 2004.
RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9946
E/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-01684 In the Matter of Abdallah Abdul-Latif, appellant, v William E. Phillips, etc., respondent. (Index No. 2083/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated September 13, 2003, as a poor person.
Upon the papers filed in support of the motion and the no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to perfect the appeal is enlarged until May 24, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9906
M/nal
|
2003-01470 In the Matter of Niena Cooper-Winfield, a/k/a Niena Winfield, respondent, v Herman Gary, appellant. (Docket No. O-01702/02)
| SCHEDULING ORDER |
Appeal by Herman Gary from an order of the Family Court, Kings County, dated January 13, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 31, 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.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9937
J/sl
|
2003-08855 In the Matter of County of Nassau, appellant, v Civil Service Employees Association, Inc., et al., respondents. (Index No. 8515/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered September 8, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 1, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9921
S/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-02794 In the Matter of Martha I. Elizalde, appellant, v Rosa Maldonado, respondent. (Docket No. O-120-04)
| DECISION & ORDER ON MOTION |
Appeal by the petitioner from an order of the Family Court, Queens County, dated March 4, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9907
M/nal
|
2003-09591, 2004-02530 In the Matter of Katlynn G. (Anonymous). Suffolk County Department of Social Services, respondent; Jeanette M. B. (Anonymous), appellant. (Docket Nos. B-8431/03, N-1783/03)
| SCHEDULING ORDER |
Appeal by Jeanette M. B. from an order of the Family Court, Suffolk County, dated September 30, 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 May 28, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9870
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-08828 In the Matter of Ellen Gettinger, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Ellen Gettinger has voluntarily submitted an affidavit dated October 6, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Gettinger was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 30, 1980. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Gettinger presently resides in Georgia, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Ellen Gettinger, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Ellen Gettinger is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Ellen Gettinger is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Ellen Gettinger has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9908
M/nal
|
2004-00685 In the Matter of Thomas A. Greco, appellant, v Susan L. Greco, respondent. (Docket No. V-15123-02)
| SCHEDULING ORDER |
Appeal by Thomas A. Greco from an order of the Family Court, Nassau County, dated December 1, 2003. The transcripts were received on or about December 20, 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 May 28, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9901
M/nal
|
2003-06323, 2003-06324 In the Matter of Benjamin J. (Anonymous), appellant. (Docket No. D-12468-03)
| SCHEDULING ORDER |
Appeals by the juvenile from two orders of the Family Court, Kings County, dated April 28, 2003, and June 26, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on April 2, 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 respondent's brief shall be served and filed.
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.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9905
M/nal
|
2004-00041 In the Matter of Essence Imiaya L. (Anonymous). Suffolk County Department of Social Services, appellant; Keith L. (Anonymous), respondent. (Docket No. B-11601/03)
| SCHEDULING ORDER |
Appeal by Suffolk County Department of Social Services from an order of the Family Court, Suffolk County, dated December 23, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 1, 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.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9899
M/nal
|
2003-08261, 2003-08262 In the Matter of Oscar L. (Anonymous). Sheltering Arms Children's Services, petitioner- respondent; Laurentino L. (Anonymous), appellant, et al., respondent. (Proceeding No. 1)
(Docket No. B-435/00) In the Matter of Odalis L.-C. (Anonymous). Sheltering Arms Children's Services, petitioner- respondent; Laurentino L. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket No. B-436/00)
| SCHEDULING ORDER |
Appeals by Laurentino L. from two orders of the Family Court, Queens County, both dated August 14, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 6, 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 time of the respondent and the law guardian to serve and file their briefs on the appeals is enlarged until May 3, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9866
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
MYRIAM J. ALTMAN
ANITA R. FLORIO
SONDRA MILLER, JJ.
|
2003-08493 In the Matter of Robert S. Lane, admitted as Robert Scott Lane, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Robert S. Lane has voluntarily submitted an affidavit dated September 25, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Lane was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 19, 1989, under the name Robert Scott Lane. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Lane presently resides in New Jersey, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Robert S. Lane, admitted as Robert Scott Lane, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Robert S. Lane, admitted as Robert Scott Lane, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Robert S. Lane, admitted as Robert Scott Lane, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Robert S. Lane, admitted as Robert Scott Lane, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, ALTMAN, FLORIO and S. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9904
M/nal
|
2002-08918 In the Matter of Rena M. (Anonymous). Administration for Children's Services, respondent; Roberta M. (Anonymous), appellant. (Docket No. N-03443-98)
| SCHEDULING ORDER |
Appeal by Roberta M. from an order of the Family Court, Kings County, dated September 4, 2002. The appellant's brief was filed in the office of the Clerk of this court on February 3, 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 time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until May 7, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9895
M/nal
|
2003-10538 In the Matter of Paul Marchese, respondent, v Helma Marchese, appellant. (Docket No. F-00957/99)
| SCHEDULING ORDER |
Appeal by Helma Marchese from an order of the Family Court, Suffolk County, dated October 16, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 1, 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 respondent's brief shall be served and filed.
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.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9868
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
MYRIAM J. ALTMAN
ANITA R. FLORIO
SONDRA MILLER, JJ.
|
2003-08491 In the Matter of Mark A. Nulman, admitted as Mark Anchel Nulman, and attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Mark A. Nulman has voluntarily submitted an affidavit dated September 26, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Nulman was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 1, 1983, under the name Mark Anchel Nulman. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Nulman presently resides in New Jersey, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Mark A. Nulman, admitted as Mark Anchel Nulman, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Mark A. Nulman, admitted as Mark Anchel Nulman, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Mark A. Nulman, admitted as Mark Anchel Nulman, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Mark A. Nulman, admitted as Mark Anchel Nulman, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, ALTMAN, FLORIO and S. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9897
M/nal
|
2003-07821, 2003-10992 In the Matter of Isabella Principato, et al., respondents, v Louis Lombardi, appellant. (Index No. 33504/02)
| SCHEDULING ORDER |
Appeals by Louis Lombardi from two orders of the Supreme Court, Kings County, dated July 24, 2003, and November 20, 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 April 16, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9898
M/nal
|
2003-10357 In the Matter of Peter R. (Anonymous). Administration for Children's Services, appellant; Stacey R. (Anonymous), et al., respondents. (Proceeding No. 1) (Docket No. N-16123/01) In the Matter of Matthew R. (Anonymous). Administration for Children's Services, appellant; Stacey R. (Anonymous), et al., respondents. (Proceeding No. 2) (Docket No. N-16124/01)
| SCHEDULING ORDER |
Appeal by Administration for Children's Services from an order of the Family Court, Queens County, dated November 24, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 8, 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 time of the law guardian to serve and file a brief on the appeal is enlarged until April 27, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9867
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
MYRIAM J. ALTMAN
ANITA R. FLORIO
SONDRA MILLER, JJ.
|
2003-09168 In the Matter of John R. Remis, Jr., admitted as John Robert Remis, Jr., an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
John R. Remis, Jr., has voluntarily submitted an affidavit dated October 3, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Remis was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 18, 1968, under the name John Robert Remis, Jr. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Remis presently resides in Hawaii, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of John R. Remis, Jr., admitted as John Robert Remis, Jr., an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of John R. Remis, Jr., admitted as John Robert Remis, Jr., is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, John R. Remis, Jr., admitted as John Robert Remis, Jr., is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if John R. Remis, Jr., admitted as John Robert Remis, Jr., has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, ALTMAN, FLORIO and S. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9984
S/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
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2003-11455 In the Matter of Alexander Schettino, petitioner, v Thomas Murphy, etc., et al., respondents. (Index No. 6111/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated March 15, 2004, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Motion by Collier, Halpern, Neuberg, Nolletti & Block, LLP, counsel for the petitioner, for leave to withdraw as counsel in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, entered November 26, 2003.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that the motion is granted, and Collier, Halpern, Neuberg, Nolletti & Block, LLP, is relieved from representing the petitioner with respect to the instant proceeding; and it is further,
ORDERED that on or before April 22, 2004, Collier, Halpern, Neuberg, Nolletti & Block, LLP, is directed to serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,
ORDERED that no further proceedings shall be taken against the petitioner, without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order; and it is further,
ORDERED that the petitioner's time to perfect the proceeding is extended until May 24, 2004, and the record or appendix on the proceeding and the petitioner's brief must be served and filed on or before that date.
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9948
E/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-10917 In the Matter of Francis Smythe, petitioner, v Glenn Goord, etc., respondent. (Index No. 3187/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner pro se in a proceeding pursuant to CPLR article 78, which was transferred to this court by an order of the Supreme Court, Dutchess County, dated December 3, 2003, for leave to prosecute the proceeding as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branches of the motion which are for a free transcript, and the assignment of counsel are denied; and it is further,
ORDERED that the branch of the motion which is for waiver of the filing fee is denied as unnecessary (see 22 NYCRR 670.22[a][1]); and it is further,
ORDERED that the branch of the motion which is to dispense with printing 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 petitioner'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.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9869
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-08794 In the Matter of Lionel Souvenir, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Lionel Souvenir has voluntarily submitted an affidavit dated October 6, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Souvenir was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 7, 1977. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Souvenir presently resides in California, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Lionel Souvenir, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Lionel Souvenir is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Lionel Souvenir is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Lionel Souvenir has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9902
M/nal
|
2003-09091 In the Matter of Avrohom Steinharter, appellant, v Meira Steinharter, respondent. (Docket No. V-14115-03)
| SCHEDULING ORDER |
Appeal by Avrohom Steinharter from an order of the Family Court, Kings County, dated September 18, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 19, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9896
M/nal
|
2003-09227 In the Matter of Itoko Suzuki, a/k/a Ituko Suzuki, respondent, v Arnold Peters, appellant. (Docket Nos. F-903/01, F-1014/01)
| SCHEDULING ORDER |
Appeal by Arnold Peters from an order of the Family Court, Westchester County, dated September 15, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 1, 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 respondent's brief shall be served and filed.
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.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9909
M/nal
|
2003-10783 In the Matter of Lisa Zipay, et al., respondents, v Frederick Csaszar, appellant. (Docket No. A-2745/03)
| SCHEDULING ORDER |
Appeal by Frederick Csaszar, by permission, from an order of the Family Court, Dutchess County, dated November 3, 2003. By decision and order on motion of this court dated March 29, 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:
Del Atwell, Esq.
P.O. Box 2516
Montauk, New York 11954
(631) 267-2067
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 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 29, 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 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9943
S/sl
DANIEL F. LUCIANO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2004-00766 The People, etc., respondent, v Clarence Benjamin, appellant. (Ind. No. 2606/03)
| ORDER TO SHOW CAUSE |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered November 25, 2003, as a poor person and for the assignment of counsel.
ORDERED that on the court's own motion, the appellant is directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the notice of appeal is untimely (see CPL 460.10[1][a], 460.30), and the appellant has not sought leave to file a late notice of appeal by filing an affidavit on that issue with the Clerk of this court on or before April 30, 2004; and it is further,
ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined by ordinary mail pursuant to CPL 470.60(2), and upon the attorney who last appeared for him, and upon the District Attorney, by regular mail.
LUCIANO, J.P., H. MILLER, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9918
S/nl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-02001
The People, etc., respondent, v Jerome Donaldson, appellant. (Ind. No. 2523/03)
| 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 defendant for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered January 5, 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 on the court's own motion the appellant's notice of appeal is deemed an application pursuant to CPL 460.30 for leave to extend his time to take an appeal from the judgment, the application is granted, and the notice of appeal is deemed to be timely filed; and it is further,
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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:
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 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.
RITTER, J.P., S. MILLER, ADAMS and COZIER, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9941
S/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
1999-03609
The People, etc., respondent, v Derrick Fontaine, appellant. (Ind. No. 2798/95)
| ORDER TO SHOW CAUSE |
Appeal by Derrick Fontaine from a judgment of the Supreme Court, Queens County, rendered March 18, 1999. The appeal has not been perfected although the appellant has been afforded a sufficient opportunity to do so.
Now, upon the court's own motion, it is
ORDERED that the appellant show cause before this court why an order should or should not be made and entered dismissing the appeal as abandoned by filing an affidavit on that issue with the Clerk of this court on or before April 30, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, by ordinary mail pursuant to CPL 470.60(2), and the District Attorney, by regular mail.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9914
C/sl
FRED T. SANTUCCI, J.P.
MYRIAM J. ALTMAN
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-10922 The People, etc., plaintiff, v Michael Kellington, defendant. (Ind. No. 3/00)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to reargue his motion pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Nassau County, rendered November 15, 2001, for poor person relief, and for the assignment of counsel, which was denied by decision and order on motion of this court 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 (see CPL 460.30[1]).
SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9957
S/sl
FRED T. SANTUCCI, J.P.
MYRIAM J. ALTMAN
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-02498
The People, etc., respondent, v Dominick LaRocco, appellant. (Ind. No. 3221/96)
| ORDER TO SHOW CAUSE |
Appeal by Dominick LaRocco from an order of the Supreme Court, Queens County, dated March 11, 2004.
Now, upon the court's own motion, it is
ORDERED that the appellant and the respondent show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated March 11, 2004, is not appealable by right or by permission (see CPL 450.10; 450.15) by each filing an affidavit or affirmation on that issue with the Clerk of this court on or before April 30, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, by ordinary mail pursuant to CPL 470.60(2), and the District Attorney, by regular mail.
SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9922
S/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2001-08989 The People, etc., respondent, v Jorge Molina, appellant. (S.C.I. No. 10782/01)
| DECISION & ORDER ON MOTION |
Motion by the attorney for the appellant, in effect, to dismiss an appeal from a judgment of the Supreme Court, Queens County, rendered September 5, 2001, on the ground that the appellant has been deported. By decision and order on motion dated February 9, 2004, the appellant was directed to show cause why an order should not be entered dismissing the appeal on the ground that the appellant is no longer available to obey the mandate of this court, and the motion was held in abeyance in the interim.
Upon the papers filed in support of the motion, the papers filed in relation thereto, and no papers having been filed in response to the order to show cause, it is
ORDERED that on the court's own motion the appeal is dismissed (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578); and it is further,
ORDERED that the motion by the attorney for the appellant is denied as academic.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9952
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2001-02029 The People, etc., respondent, v Eric Whitehurst, appellant. (Ind. No. 3423/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered February 28, 2001, to recall and vacate a decision and order on motion of this court dated January 21, 2004, which recalled and vacated a prior decision and order on motion of this court, dated August 21, 2003, granting the appellant's motion for leave to serve and file a supplemental pro se brief, for failure to file the supplemental brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9942
S/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
1999-09337
The People, etc., respondent, v Terrence Williams, a/k/a Terry Williams-Bey, appellant. (Ind. No. 305/98)
| ORDER TO SHOW CAUSE |
Appeal by Terrence Williams, a/k/a Terry Williams-Bey from a judgment of the Supreme Court, Queens County, rendered August 30, 1999. The appeal has not been perfected although the appellant has been afforded a sufficient opportunity to do so.
Now, upon the court's own motion, it is
ORDERED that the appellant show cause before this court why an order should or should not be made and entered dismissing the appeal as abandoned by filing an affidavit on that issue with the Clerk of this court on or before April 30, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, by ordinary mail pursuant to CPL 470.60(2), and the District Attorney, by regular mail.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk