04-13-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR APRIL 13, 2005

Page 2 MOTION DECISIONS FOR APRIL 13, 2005 TITLE

TITLE	Case Number
Broadway Neon Sign Corp., d/b/a Broadway Nati	2004-10933
Calder v Volkswagen Credit, Inc.	2005-01632
Carlino v Triboro Coach Corp.	2004-09398
Coles v Alterman	2005-02921
Economou v Shriber	2004-10696 +1
Eichenwald v Chaudhry	2004-04040
George v Dee & Dee Stores	2005-01334
Holness v Heim	2004-08253
Hye Yeon Cho v Bridgestone/Firestone, Inc.	2004-07599
Johnnies Pelham Road Service, Inc. v Thomas	2005-02962
Katina, Inc. v Town of Hempstead	2003-02257
Kaziu v Celluzziele, LLC	2004-06993
Korotun v Incorporated Village of Bayville	2004-07840
Kruss v Waterview Nursing Care Center, Inc.	2004-07378
Kumari v McKenzie	2005-00619
La Maina v Nathan's Famous, Inc.	2004-05326
Lankry v City of New York	2004-07912
Larraz v American Honda Motor Company, Inc.	2004-09139
Luciano v J.S.A. Empire, Inc.	2004-11297
McKenna v National Amusements, Inc.	2004-10695
Menasy v Kramont Realty Trust	2005-00955
Moore v Silver Express Cab Corp.	2004-09713
Morales v Shelter Express Corporation	2004-06871
Port Authority of New York and New Jersey	2005-02897
Rabinowitz v St. John's Episcopal Hospital	2004-09645
Robinson Motor Xpress, Inc. v HSBC Bank, USA	2004-07434
Scheuering v Scheuering	2005-01367
Schlesinger v Klein	2004-06176
Sikorski v Olsen	2005-00038
Simmons v Pantoja	2005-01325
Mtr of B. (Anonymous), Alexandria; H., Steven	2004-07863
Mtr of B. (Anonymous), Imani; Suffolk County	2005-02597
Mtr of B. (Anonymous), Takylia; Administratio	2004-02662
Mtr of Bowe v Robinson	2004-07484 +1
Mtr of Castillo v Castillo	2005-00403 +1
Mtr of Downes v Town of Southampton Zoning Bo	2003-05415
Mtr of Hyman v Castagnini	2005-00609
Mtr of J.D. Posillico, Inc. v City of Glen Co	2005-03202
Mtr of L. (Anonymous), Desiree; Dylan; Dutche	2004-08087
Mtr of Matos v Cruz	2005-01774
Mtr of Merscorp, Inc. v Romaine	2004-04735
Mtr of Paoli v Paoli	2005-00097
Mtr of Paoli v Paoli	2005-00881 + 1
Peo v Abreu, Luis	2003-07697
Peo v Acevedo, Erick	2005-01709
Peo v Agard, Ray	2005-01737
Peo v Bennett, Rohan	2002-00659 +1
Peo v Booker, Amin	2005-00660
Peo v Bullock, Paris	2004-06200
Peo v Calandra, Charles	2004-11231
Peo v Concha, Joaquino	2005-01746
Peo v Dean, Robert	2003-08686
Peo v Dowling, Yvette	2004-05381
Peo v Hamm, Alan	2005-01153
Peo v Hernandez, Alejandro	2005-01662
Peo v Hudgins, Tony	2002-00537
Peo v Jinks, Saddia	2005-01747
Peo v Laboy, Anselmo	2001-03528
Peo v McGuire, George	2005-01261
Peo v McLeod, Lee Anthony	2004-04753
Peo v Mella-Rodriguez, Rafael	2003-09354
Peo v Smith, Roland	2005-01830
Peo v Villiocota, Pedro	2003-09871 +2
Peo v Walker, Thomas	2005-01739

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Appellate Division: Second Judicial Department

M24019

CF/

2004-10933
Broadway Neon Sign Corp., d/b/a Broadway
National Sign, respondent, v F.J. Sciame
Construction Co., Inc., appellant.
(Index No. 24527/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 29, 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

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Appellate Division: Second Judicial Department

M24011

CF/

2005-01632
Vicki Calder, plaintiff-respondent,
v Volkswagen Credit, Inc., defendant-appellant,
Patrick J. McLaughlin, defendant-respondent.
(Index No. 5653/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated January 24, 2005.

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

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Appellate Division: Second Judicial Department

M23972

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2004-09398

Mary Carlino, appellant, v
Triboro Coach Corp., et al., respondents.
(Index No. 7973/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated September 10, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 22, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24014

CF/

2005-02921
Berry Coles, et al., respondents,
v Joseph Alterman, appellant.
(Index No. 10790/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 3, 2005.

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

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Appellate Division: Second Judicial Department

M24027

CF/

2004-10696, 2005-00635
Angelo Economou, respondent,
v Richard M. Shriber, et al., appellants.
(Index No. 25505/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw appeals from an order of the Supreme Court, Queens County, dated November 15, 2004, and a judgment of the same court, entered January 4, 2005.

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 appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24042

C/sl

ANITA R. FLORIO, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-04040
Andrew F. Eichenwald, respondent, v
Abdul R. Chaudhry, appellants, et al.,
defendants.
(Index No. 36676/02)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 20, 2004.

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

ORDERED that the motion is denied as academic in light of the determination of the appeal (see Eichenwald v Chaudhry, AD3d [2d Dept, Apr. 11, 2005]).

FLORIO, J.P., GOLDSTEIN, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24013

CF/

2005-01334
Mariamma George, respondent, v
Dee & Dee Stores, appellant.
(Index No. 6850/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 15, 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

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Appellate Division: Second Judicial Department

M23978

E/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2004-08253
Robert A. Holness, appellant,
v Christina J. Heim, et al., respondents.
(Index No. 10816/02)

DECISION & ORDER ON MOTION

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, Westchester County, dated August 12, 2004. By order on application dated March 15, 2005, the parties or their attorneys were directed to show cause why an order should or should not be entered dismissing the appeal on the ground that the order dated August 12, 2004, is one denying a motion in limine from which no appeal lies (see Mauro v Village of Freeport, 113 AD2d 876), and the application to enlarge the time to perfect the appeal was held in abeyance in the interim.

Upon the papers filed in support of the application, the order on application dated March 15, 2005, and the papers filed in response to the order on application, it is

ORDERED that the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the application is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24018

CF/

2004-07599
Hye Yeon Cho, etc., respondent, v
Bridgestone/Firestone, Inc., etc., appellant.
(Index No. 29583/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 13, 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

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Appellate Division: Second Judicial Department

M23966

C/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2005-02962
Johnnies Pelham Road Service, Inc., respondent,
v Richard Thomas, appellant.
(Index No. 2850/05)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, to stay enforcement of an order of the Supreme Court, Westchester County, dated February 22, 2002, 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 granted to the extent that the respondent is directed to post an undertaking and the matter is remitted to the Supreme Court, Westchester County, to hear and report on the amount of the undertaking to be filed by the respondent pursuant to CPLR 6312, and the Supreme Court, Westchester County, shall file its report with all convenient speed; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24000

A/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

DAVID S. RITTER

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2003-02257
Katina, Inc., et al., appellants, v
Town of Hempstead, et al., respondents.
(Index No. 31967/98)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from a judgment of the Supreme Court, Nassau County, entered January 27, 2003, which was determined by decision and order of this court dated December 6, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

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

H. MILLER, J.P., SCHMIDT, RITTER, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23957

PL/sl

2004-06993
Bujar Kaziu, appellant,
v Celluzziele, LLC, et al., respondents.
(Index No. 35070/00)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 30, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until June 21, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23988

S/sl

2004-07840

Maria Korotun, et al., appellants,
v Incorporated Village of Bayville, etc., et al.,
respondents.
(Index No. 3134/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated July 19, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until May 9, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23961

PL/sl

2004-07378

Ronald Kruss, etc., respondent, v
Waterview Nursing Care Center, Inc.,
etc., appellant.
(Index No. 1124/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 25, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 13, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24023

CF/

2005-00619
Bistun Kumari, et al., plaintiffs-respondents,
v David J. McKenzie, et al., defendants-appellants,
Metro Soda Fountain, Inc., et al., defendants-respondents.
(Index No. 25229/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 26, 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

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Appellate Division: Second Judicial Department

M23991

S/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2004-05326
Victoria A. La Maina, etc., et al., plaintiffs-
respondents, v Nathan's Famous, Inc.,
defendant-respondent; National Union Fire
Insurance Company, appellant.
(Index No. 11511/93)

DECISION & ORDER ON APPLICATION

Application by the plaintiffs-respondents to substitute Victoria A. La Maina, as executor of the estates of Herman Frank and Marguerite Frank, for the deceased plaintiff-respondent Herman Frank, individually, and as executor of the estate of Marguerite Frank, on an appeal from an order of the Supreme Court, Nassau County, entered August 22, 2003.

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

ORDERED that the application is granted, and Victoria A. La Maina, as executor of the estates of Herman Frank and Marguerite Frank, is substituted for the deceased plaintiff-respondent Herman Frank, individually, and as executor of the estate of Marguerite Frank, and the caption of the action has been amended accordingly.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24015

CF/

2004-07912
David Lankry, et al., plaintiffs-appellants,
v City of New York, et al., defendants-
respondents, Sami Rifaat, defendant-appellant.
(Index No. 18290/97)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the plaintiffs-appellants David Lankry and Jacqueline Lankry to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 27, 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 David Lankry and Jacqueline Lankry 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

M23969

S/sl

2004-09139

Alberto Larraz, respondent, v
American Honda Motor Company, Inc.,
et al., appellants.
(Index No. 3488/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated September 8, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 13, 2005, 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 of the Court

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

Appellate Division: Second Judicial Department

M24024

CF/

2004-11297
Bernardo Luciano, et al., respondents,
v J.S.A. Empire, Inc., et al., appellants.
(Index No. 3005/03)

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 September 15, 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

M24021

CF/

2004-10695
Kathleen McKenna, et al., appellants,
v National Amusements, Inc., respondent.
(Index No. 25970/99)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 29, 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

M24025

CF/

2005-00955
Mohamed Menasy, plaintiff-respondent,
v Kramont Realty Trust, defendant-respondent,
Mario Forgione Landscaping, Ltd., appellant.
(Index No. 4100/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 23, 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

M24026

CF/

2004-09713
Rupert Moore, et al., appellants,
v Silver Express Cab Corp., et al., respondents.
(Index No. 44724/99)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 27, 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

M24017

CF/

2004-06871
Margarita Morales, et al., respondents,
v Shelter Express Corporation, et al., appellants.
(Index No. 1800/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant Shelter Express Corporation to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 22, 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 Shelter Express Corporation 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

M23983

R/sl

SONDRA MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-02897
Port Authority of New York and New Jersey,
respondent, v Inflight Newspapers, Inc., appellant.

(Index No. 23943/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, pursuant to CPLR 5518 and 5519 (c), to enjoin the respondent from terminating a certain privilege permit pending hearing and determination of appeal from of an order of the Supreme Court, Queens County, dated March 11, 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.

S. MILLER, J.P., GOLDSTEIN, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23816

PL/sl

2004-09645

Stanley Rabinowitz, appellant,
v St. John's Episcopal Hospital, respondent.
(Index No. 21377/98)

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 October 8, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 20, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M23984

S/sl

2004-07434
Robinson Motor Xpress, Inc., appellant,
v HSBC Bank, USA, respondent.
(Index No. 14361/03)

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, Nassau County, dated

July 12, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 27, 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

M23979

E/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2005-01367
Carl A. Scheuering, appellant,
v Nancy Scheuering, respondent.

(Index No. 4350/03)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the respondent in a matter before the Supreme Court, Orange County, to be relieved from representing the respondent on an appeal from an order of the Supreme Court, Orange County, entered January 11, 2005, for the assignment of new counsel, and for poor person relief.

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

ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Supreme Court is relieved from representing the respondent on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the respondent on or before April 27, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that no further proceedings shall be taken against the respondent, without leave of the court, until the expiration of 30 days after service upon her of a copy of this decision and order; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until June 27, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

COZIER, J.P., RITTER, KRAUSMAN 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

M24009

CF/

2004-06176

Nat Schlesinger, etc., et al., plaintiffs-respondents,
v Zalman Klein, et al., defendants-respondents;
Victor Schlesinger, intervenor-appellant.
(Index No. 23641/00)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 17, 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

M24020

CF/

2005-00038
Victor Sikorski, et al., appellants,
v Donald J. Olsen, etc., et al., respondents.
(Index No. 6234/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 15, 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

M23817

PL/sl

2005-01325

Albert Simmons, respondent,
v Rafeal Pantoja, appellant.
(Index No. 14005/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated December 20, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 28, 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

M24022

S/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2004-07863
In the Matter of Alexandria B. (Anonymous).
Suffolk County Department of Social Services,
respondent; Dina B. (Anonymous), appellant.
(Docket Nos. N-427-00, N-428-00)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Family Court, Suffolk County, dated July 13, 2004, on the ground that the order is not appealable as of right or by permission (see Family Ct Act § 1112). Application by the appellant to treat the notice of appeal from the order as an application pursuant to CPLR 5704 if the order is not appealable.

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

ORDERED that the branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed without costs or disbursements; and it is further,

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

ORDERED that the application is granted, the appellant's notice of appeal is treated as an application pursuant to CPLR 5704, the application is granted, and the petition dated July 6, 2004, is made returnable before the Family Court, Suffolk County, on May 13, 2005.

COZIER, J.P., RITTER, KRAUSMAN 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

M23999

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2005-02597
In the Matter of Imani B. (Anonymous).
Suffolk County Department of Social Services,
respondent; Vernon B. (Anonymous), appellant.
(Docket No. N-21224-04)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Suffolk County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Suffolk County, dated March 9, 2005, and for leave to the appellant to prosecute the appeal as a poor person.

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 counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

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

ORDERED that the 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 Court Act § 1116); and it is further,

ORDERED that the stenographers(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. 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:

Karl E. Bonheim, Esq.

P.O. Box 145

431 Griffing Avenue

Riverhead, New York 11901

(631) 208-9007

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.

COZIER, J.P., RITTER, KRAUSMAN, 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

M24037

O/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-02662
In the Matter of Takylia B. (Anonymous), appellant.
Little Flower Children's Services, et al., petitioners-
respondents, Kimberly B. (Anonymous), respondent-
respondent; Doreather B. (Anonymous), intervenor-
appellant.
(Docket No. B-9162-02)

DECISION & ORDER ON MOTION

Motion by the Law Guardian for the appellant child to enlarge the time to perfect an appeal from an order of the Family Court, Kings County, dated March 8, 2004.

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

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

ORDERED that the Law Guardian's time to perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief is enlarged until May 13, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

SANTUCCI, J.P., GOLDSTEIN, CRANE 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

M24028

M/nal

2004-07484, 2004-07486
In the Matter of Jennifer Bowe, respondent,
v Louie Robinson, appellant.
(Docket Nos. V-2277/01, V-13871/00)

SCHEDULING ORDER

Appeals by Louie Robinson from two orders of the Family Court, Queens County, both dated July 15, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 11, 2005. 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 appeals, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

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

Appellate Division: Second Judicial Department

M23994

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2005-00403, 2005-00404

In the Matter of Juan Castillo,
appellant, v Michelle Castillo, respondent.
(Docket No. F-180-00)

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 two orders of the Family Court, Rockland County, dated September 7, 2004, and December 9, 2004, respectively, as a poor person, and for the assignment of counsel.

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

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

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

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those 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:

Arlene Lewis, Esq.

P.O. Box 219

Blauvett, New York 10913

(845) 359-2149

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.

COZIER, J.P., RITTER, KRAUSMAN, 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

M24010

A/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2003-05415
In the Matter of Lawrence C. Downes, appellant,
v Town of Southampton Zoning Board of Appeals,
et al., respondents.
(Index No. 3048/00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated February 7, 2005, which determined an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated May 20, 2003.

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

ORDERED that the motion is denied.

S. MILLER, J.P., LUCIANO, CRANE 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

M24029

M/nal

2005-00609
In the Matter of Lori Hyman, respondent,
v Paul Castagnini, appellant.
(Docket Nos. V-17287-02, V-20398-02)

SCHEDULING ORDER

Appeal by Paul Castagnini from an order of the Family Court, Kings County, dated December 16, 2004. By decision and order on motion of this court dated April 8, 2005, the following attorney was assigned as counsel on the appeal:

Pauline E. Brown, Esq.

43 Edgewood Road

P.O. Box 9

Valley Stream, New York 11582-0009

(516) 872-4080

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 April 8, 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 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

M23990

A/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2005-03202
In the Matter of J.D. Posillico, Inc., petitioner,
v City of Glen Cove, et al., respondents.
(Index No. 3884/05)

DECISION & ORDER ON MOTION

Motion by J.D. Posillico, Inc., inter alia, for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated March 24, 2005, and to enjoin the City of Glen Cove, City Council of the City of Glen Cove, Mary Ann Holzkamp, Joseph Gill, and Nicholas DeSantis from awarding or executing any contracts in connection with the subject project.

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

ORDERED that the motion is denied.

COZIER, J.P., RITTER, KRAUSMAN and 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

M24031

M/nal

2004-08087
In the Matter of Desiree L. (Anonymous).
Dutchess County Department of Social Services,
respondent; David L. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Dylan L. (Anonymous).
Dutchess County Department of Social Services,
respondent; David L. (Anonymous), appellant.
(Proceeding No. 2)
(Docket Nos. N-00527-04, N-00528-04)

SCHEDULING ORDER

Appeal by David L. from an order of the Family Court, Dutchess County, dated July 14, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 8, 2005. 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 of the Court

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

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

Appellate Division: Second Judicial Department

M24034

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2005-01774

In the Matter of Raul Matos,
appellant, v Nancy Cruz, respondent.
(Docket No. F-6868-02)

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 an appeal from an order of the Family Court, Kings County, dated December 14, 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 denied.

COZIER, J.P., RITTER. KRAUSMAN, 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

M24038

O/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-04735
In the Matter of Merscorp, Inc., et al., appellants-
respondents, v Edward P. Romaine, etc., et al.,
respondents-appellants.

(Index No. 9688/01)

DECISION & ORDER ON MOTION

Motion by American Land Title Association, and separate motion by Federal National Mortgage Association and Federal Home Loan Mortgage Corporation for leave to file amicus curiae briefs on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated May 12, 2004.

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

ORDERED that the motions are granted; and it is further,

ORDERED that the amicus curiae briefs must be served on the parties, and nine copies filed in this court on or before May 5, 2005; and it is further,

ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,

ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief within 20 days after service upon them of the amicus curiae brief.

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

M23952

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2005-00097

In the Matter of John Paoli, Sr., appellant,
v Jody Paoli, respondent.
(Docket No. V-2705-97/03R)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by the Law Guardian to be relieved of an assignment to represent the child on an appeal from an order of the Family Court, Orange County, dated November 24, 2004.

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

ORDERED that the motion is granted, and the Law Guardian, Michelle Stevenson, Esq., Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, 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 child:

John A. Pappalardo, Esq.

200 East Post Road

White Plains, New York 10007

H. MILLER, J.P., RITTER, GOLDSTEIN and CRANE, 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

M23953

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2005-00881, 2005-00883

In the Matter of John Paoli, Sr., appellant,
v Jody Paoli, respondent.
(Docket No. V-2705-97/04T&U)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by the Law Guardian to be relieved of an assignment to represent the child on appeals from two orders of the Family Court, Orange County, both dated November 23, 2004.

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

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

John A. Pappalardo, Esq.

200 East Post Road

White Plains, New York 10007

H. MILLER, J.P., RITTER, GOLDSTEIN and CRANE, 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

M23985

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2003-07697

The People, etc., respondent,
v Luis Abreu, appellant.
(Ind. No. 02-00306)

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, Rockland County, rendered April 29, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED 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:

James Licata

Office of the Public Defender

11 New Hemstead Road

New City, New York 10956-3664

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 R 2476

Mid-State Corr. Fac.

Box 2500

Marcy, New York 13403

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

Appellate Division: Second Judicial Department

M23992

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2005-01709

The People, etc., respondent,
v Erick Acevedo, appellant.
(Ind. No. 04-00553)

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 January 28, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

Michael G. Paul, Esq.

121 High Street

Metuchen, New Jersey 08840

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 0602

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

M24035

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2005-01737
The People, etc., respondent,
v Ray Agard, appellant.
(Ind. No. 2617/90)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a determination of the Supreme Court, Queens County, dated January 13, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Queens County, continues on appeal; and it is further,

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

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

ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,

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

COZIER, J.P., RITTER, KRAUSMAN, 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

M23968

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2002-00659, 2002-01425
The People, etc., respondent,
v Rohan Bennett, appellant.
(Ind. Nos. 01-00059, 01-01557)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on appeals from two judgments of the County Court, Westchester County, both rendered December 17, 2001, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 0172

Clinton Corr. Fac.

Box 2001

Dannemora, New York 12929

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

Appellate Division : Second Judicial Department

M23600

SONDRA MILLER, J.

2005-00660
The People, etc., plaintiff,
v Amin Booker, defendant.
(Ind. No. 7634/96)

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, Kings County, dated December 8, 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.

SONDRA MILLER

Associate Justice

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

Appellate Division: Second Judicial Department

M23980

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2004-06200
The People, etc., respondent,
v Paris Bullock, appellant.
(Ind. No. 03-00214)

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, Westchester County, rendered July 6, 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 17, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

Stephen J. Pittari, Esq.

Legal Aid Society of Westchester County

One North Broadway, 9th Floor

White Plains, New York 10601

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:

Charles O. Lederman, Esq.

15 Avondale Road

White Plains, New York 10605

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,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4493

Upstate Corr. Fac.

P.O. Box 2000

309 Bare Hill Road

Malone, New York 12953

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

Appellate Division: Second Judicial Department

M23982

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2004-11231

The People, etc., respondent,
v Charles Calandra, appellant.
(Ind. No. 2930-03)

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, Suffolk County, rendered November 23, 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:

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 6713

Collins Corr. Fac.

Box 340

Collins, New York 14034

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Appellate Division: Second Judicial Department

M23977

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2005-01746
The People, etc., respondent,
v Joaquino Concha, appellant.

(Ind. No. 722-04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered January 13, 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 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 amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23963

PL/sl

2003-08686

The People, etc., respondent,
v Robert Dean, appellant.
(Ind. No. 2577/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Suffolk County, rendered September 25, 2003.

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

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Appellate Division: Second Judicial Department

M24040

S/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-05381
The People, etc., respondent,
v Yvette Dowling, appellant.
(Ind. No. 1841/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Nassau County, rendered June 4, 2004, to continue the stay of execution of said judgment pending hearing and determination of the appeal to this court.

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 stay of execution of the judgment granted by decision and order on motion of this court dated July 21, 2004, as extended by decision and order on motion dated March 30, 2005, is continued pending hearing and determination of the appeal, on the same bail conditions set forth in this court's decision and order on motion dated July 21, 2004, and on the further condition that the appeal is perfected on or before April 18, 2005; and it is further,

ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before April 18, 2005; and it is further,

ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court for execution of sentence.

H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23976

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2005-01153

The People, etc., respondent,
v Alan Hamm, appellant.

(Ind. No. 972/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered January 4, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division : Second Judicial Department

M23944

FRED T. SANTUCCI, J.

2005-01662
The People, etc., plaintiff,
v Alejandro Hernandez, defendant.
(Ind. No. 66174/87)

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 County Court, Nassau County, dated January 6, 2005, 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

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Appellate Division: Second Judicial Department

M23971

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2002-00537
The People, etc., respondent,
v Tony Hudgins, appellant.
(Ind. No. 1932-01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the County Court, Suffolk County, rendered December 18, 2001.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 0498

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582

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Appellate Division: Second Judicial Department

M23974

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2005-01747
The People, etc., respondent,
v Saddia Jinks, appellant.

(Ind. No. 2528-03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Suffolk 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 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 amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23973

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2001-03528
The People, etc., respondent,
v Anselmo Laboy, appellant.
(Ind. No. 00-01663)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered March 15, 2001.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division : Second Judicial Department

M23599

SONDRA MILLER, J.

2005-01261
The People, etc., plaintiff,
v George McGuire, defendant.
(Ind. No. 4477/89)

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, Kings County, dated December 14, 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.

SONDRA MILLER

Associate Justice

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Appellate Division: Second Judicial Department

M23986

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2004-04753

The People, etc., respondent,
v Lee Anthony McLeod, appellant.
(Ind. No. 03-00273)

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, Rockland County, rendered April 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 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:

James Licata

Office of the Public Defender

11 New Hemstead Road

New City, New York 10956-3664

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 3113

Upstate Corr. Fac.

Box 2001

Malone, New York 12953

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Appellate Division: Second Judicial Department

M23981

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2003-09354

The People, etc., respondent,
v Rafael Mella-Rodriguez, appellant.
(Ind. No. 1791-02)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, rendered September 29, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 5488

Clinton Corr. Fac.

Box 2001

Dannemora, New York 12929

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Appellate Division: Second Judicial Department

M23989

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2005-01830

The People, etc., respondent,
v Roland Smith, appellant.
(Ind. No. 04-00844)

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 February 15, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

John M. Schwarz, Jr., Esq.

103 Washington Avenue

Suffern, New York 10901

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 0818

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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Appellate Division: Second Judicial Department

M23970

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2003-09871, 2003-09872, 2003-09873
The People, etc., respondent,
v Pedro Villiocota, appellant.
(Ind. Nos. 02-00058, 02-00410, 03-00317)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on appeals from three judgments of the County Court, Rockland County, all rendered October 7, 2003.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 R 1431

Altona Corr. Fac.

555 Devils Den Road

Altona, New York 12910

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Appellate Division: Second Judicial Department

M23975

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2005-01739

The People, etc., respondent,
v Thomas Walker, appellant.

(Ind. No. 1820/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered January 28, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court