APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10260
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-11167 Juana Birman, appellant v Roberto Birman, et al., respondents (and a third-party action). (Index No. 29058/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Kings County, dated December 1, 2003.
Upon the papers filed in support of the motion and no papers having been filed in relation thereto, it is
ORDERED that the motion is granted, and the appeal will be placed on the calendar expeditiously.
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10264
Y/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2003-06648 Janet Chang, appellant, v First American Title Insurance Co. of New York, et al., respondents. (Index No. 4927/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Queens County, dated May 21, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal. Application by the respondent, Great Eastern Bank, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the respondents' time to serve and file their respective briefs and to enlarge the appellant's time to serve and file a reply brief on the appeal.
Upon the papers filed in support of the motion and the application and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until May 3, 2004, and the respondents' briefs must be served and filed on or before that date; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until May 17, 2004, and the appellant shall serve and file her reply brief on or before that date.
H. MILLER, J.P., LUCIANO, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10109
M/nal
|
2003-06451, 2004-00477 Peter Cruciata, respondent, v Josephine Cruciata, appellant. (Action No. 1) (Index No. 5676/01) Josephine Cruciata, appellant, v Peter Cruciata, respondent. (Action No. 2) (Index No. 5145/03)
| SCHEDULING ORDER |
Appeals by Josephine Cruciata from two orders of the Supreme Court, Richmond County, dated May 29, 2003 and December 15, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 23, 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 law guardian's brief shall be served and filed on or before May 12, 2004.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10316
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2003-08864 James P. DeFranco, Jr., appellant, v James Lana, et al., respondents. (Index No. 6692/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its order on application in the above-entitled case, which deemed an appeal from an order of the Supreme Court, Suffolk County, dated September 8, 2003, marked withdrawn, is recalled and vacated, and the appeal is reinstated; and it is further,
ORDERED that 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.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10358
PL/sl
|
2003-07963 Loretta Katzburg, respondent, v Peter Katzburg, appellant. (Index No. 12609/00)
| 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, Suffolk County, entered July 14, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 3, 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
M10359
S/sl
|
2003-09073 MKC New York, LLC, et al., respondents, v DKM Associates, LLC, et al., appellants. (Index No. 12849/00)
| 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, Suffolk County, dated August 26, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 14, 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
M10322
O/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-05928 NYCTL 1997-1 Trust, et al., respondents, v Moises A. Vila, appellant, et al., defendants. (Index No. 45357/99)
| 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 March 27, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until May 19, 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.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10360
S/sl
|
2003-08925, 2003-08927 NYCTL 1998-2 Trust, et al., respondents, v Isaac Levin, appellant, et al., defendants. (Index No. 4917/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, dated May 23, 2003, and October 2, 2003, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until May 14, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10262
A/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2002-05085, 2003-04685, 2004-01864 Charleen Anne Palumbo, respondent, v Robert Palumbo, appellant.
(Index No. 24096/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeals from (1) a judgment of the Supreme Court, Nassau County, entered February 19, 2003, (2) a judgment of the same court entered April 8, 2003, and (3) an order of the same court dated February 27, 2004, to stay enforcement of the judgment entered February 19, 2003, and enforcement of stated portions of the order dated February 27, 2004, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10257
Y/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-03110 Olga Shelley, respondent, v Albert Perri, defendant, Ford Motor Credit Company, d/b/a Mazda American Credit, appellant. (Index No. 225/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated February 28, 2003, which was determined by decision and order of this court dated January 26, 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.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10383
E/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2004-02730 Pearl Shifer, respondent, v David Shifer, appellant.
(Index No. 28899/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of stated portions of an order of the Supreme Court, Kings County, dated March 5, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., S. MILLER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10265
Y/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2004-01398 Elayne Singer, respondent, v Metropolitan Suburban Bus Authority, et al., appellants (and a third-party action). (Index No. 17156/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for a preference in the calendaring of an appeal from a judgment of the Supreme Court, Nassau County, entered December 8, 2003, and to direct the appellants to perfect by a date certain.
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 appellants shall perfect the appeal on or before June 16, 2004; and it is further,
ORDERED that the appeal will be placed on the calendar when it is fully perfected.
H. MILLER, J.P., LUCIANO, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10202
E/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-11415 Marvin Singer, appellant, v Susan Singer, respondent. (Index No. 19977/99)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from an order of the Supreme Court, Nassau County, dated December 17, 2003. By decision and order on motion of this court dated February 25, 2004, inter alia, that branch of the appellant's motion which was to stay enforcement of the order dated December 17, 2003, was granted to the extent of staying enforcement of stated portions of that order on condition that the appeal was perfected on or before March 26, 2004. The appeal has not been perfected.
Now, on the court's own motion, it is
ORDERED that the stay granted by the decision and order on motion of this court dated February 25, 2004, is vacated forthwith.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10255
A/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2004-01740
State of New York, et al., appellants, v White Oak Co., LLC, et al., respondents. (Index No. 491/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated February 25, 2004, in effect, to amend so much of a decision and order on motion of this court dated March 19, 2004, as enjoined the respondents and their officers, members, agents, employees, contractors, or others acting on their behalf from taking certain actions with respect to the subject property and freshwater wetland, on condition that the appeal was perfected on or before April 9, 2004, to continue the injunction, and to enlarge the time to perfect the appeal.
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 decision and order on motion of this court dated March 19, 2004, is amended, by deleting the date "April 9, 2004" from the first and fourth decretal paragraphs thereof and substituting therefor the date "June 1, 2004"; and it is further,
ORDERED that the respondents shall serve and file their brief on or before June 21, 2004; and it is further,
ORDERED that the appellants shall serve and file their reply brief, if any, on or before July 2, 2004.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9830
Y/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-01098 Gail Wechsler, et al., respondents, v Anita Moallem, et al., appellants. (Index No. 13806/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Kings County, entered January 7, 2004, inter alia, pursuant to CPLR 5519(g), 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 and enforcement of the judgment entered January 4, 2004, is stayed pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before June 17, 2004, and (2) on or before April 26, 2004, the appellants file in the office of the Clerk of the Supreme Court, Kings County, the joint undertaking dated February 10, 2004, attached as Exhibit B to the motion papers; and it is further,
ORDERED that in the event the appellants do not comply with the above conditions, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
RITTER, J.P., H. MILLER, GOLDSTEIN, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10324
M/nal
|
2004-00272 In the Matter of Michael Anderson, respondent, v Idrissa Sparks, appellant. (Docket No. V-8864/03)
| SCHEDULING ORDER |
Appeal by Idrissa Sparks from an order of the Family Court, Westchester County, dated December 2, 2003. By decision and order on motion of this court dated April 13, 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:
Izhak Ben-Meir, Esq.
720 Milton Rd., Apt 4B
Rye, New York 10580
(914) 967-3991
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 April 13, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10329
M/nal
|
2003-05104 In the Matter of Augusto Araujo, appellant, v Stacey Rogers, respondent. (Docket No. V-3563-01)
| SCHEDULING ORDER |
Appeal by Augusto Araujo from an amended order of the Family Court, Suffolk County, entered May 7, 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 17, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10305
M/nal
|
2002-10113 In the Matter of Christina B. (Anonymous). Administration for Children's Services, et al., respondents; Connie M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Megan T. (Anonymous). Administration for Children's Services, et al., respondents; Connie M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Victoria B. (Anonymous). Administration for Children's Services, et al., respondents; Connie M. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-14197-99/01)
| SCHEDULING ORDER |
Appeal by Connie M. from an order of the Family Court, Kings County, dated September 5, 2002. Pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), it is
ORDERED that the brief that was deposited in the office of the Clerk of this court on April 16, 2004, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10332
M/nal
|
2004-01831 In the Matter of Ebony Starr B. (Anonymous), a/k/a Ebony B. (Anonymous). Angel Guardian-Saint Mary's Children and Family Services, appellant; Eva B. (Anonymous), a/k/a Eva Landell B. (Anonymous), respondent. (Docket No. B-17657-03)
| SCHEDULING ORDER |
Appeal by Angel Guardian-Saint Mary's Children and Family Services from an order of the Family Court, Kings County, dated January 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 13, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10331
M/nal
|
2004-01282 In the Matter of Amy Bauso, appellant, v Daniel Bauso, respondent. (Docket Nos. V-12703/01, V-12966/01)
| ORDER TO SHOW CAUSE |
Appeal by Amy Bauso from an order of the Family Court, Queens County, dated January 13, 2004. By scheduling order dated March 5, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated March 5, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 3, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9983
M/nal
|
2003-10783 In the Matter of Brittney (Anonymous). Lisa Z. (Anonymous), et al., respondents; Frederick C. (Anonymous), appellant. (Proceeding No. 1)
(Docket No. A-2745-03) 2004-01792 In the Matter of Lisa Z. (Anonymous), v Frederick C. (Anonymous). (Proceeding No. 2) (Docket No. V-4863-96)
| SCHEDULING ORDER |
ORDERED that the scheduling order dated April 7, 2004, issued in the above- entitled appeal pending under Appellate Division Docket No. 2003-10783, is recalled and vacated and the following scheduling order is substituted therefor:
Appeals by Frederick C. from two orders of the Family Court, Dutchess County, dated November 3, 2003 (Appellate Division Docket No. 2003-10783), and January 29, 2004 (Appellate Division Docket No. 2004-01792), respectively. 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 appeals:
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 appeals in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the 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 appeals are taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M10325
M/nal
|
2004-00064 In the Matter of Ghislaine Charles, respondent, v Claude L. Charles, appellant. (Docket No. O-7673/03)
| SCHEDULING ORDER |
Appeal by Claude L. Charles from an order of the Family Court, Nassau County, dated November 24, 2003. By decision and order on motion of this court dated April 13, 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:
Charles E. Holster, III, Esq.
100 E. Old Country Road, Suite 26
Mineola, New York 11501
(516) 747-2330
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 April 13, 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.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10340
M/nal
|
2003-10631 In the Matter of Nancy L. Chowanec, respondent, v Michael P. McDermott, appellant. (Docket No. F-1379/92)
| SCHEDULING ORDER |
Appeal by Michael P. McDermott from an order of the Family Court, Putnam County, dated October 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 April 23, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10278
C/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2002-06543 In the Matter of Niena Cooper-Winfield, respondent, v Herman Gary, appellant. (Docket No. O-01702/02)
| DECISION & ORDER ON MOTION |
Motion by the Law Guardian to enlarge the record on appeal from an order of the Family Court, Kings County, dated June 28, 2002, to include all files and transcripts relating to prior Family Court proceedings between the parties under Docket Nos. O-03560/00, O-03687/00, and V-03688/00, and to enlarge the time to serve and file a brief. Cross motion by the appellant to calendar the appeal.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the record on appeal is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; the Law Guardian's time to serve and file a brief is enlarged until May 17, 2004; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the cross motion is granted to the extent that the appeal will be calendared when all briefs are filed, and the cross motion is otherwise denied.
FLORIO, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10330
M/nal
|
2003-06649 In the Matter of Alonzo Jason D. (Anonymous). Little Flower Children's Services, respondent; Shirley D. (Anonymous), appellant. (Docket No. B-5161-02)
| SCHEDULING ORDER |
Appeal by Shirley D. from an order of the Family Court, Queens County, dated July 8, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 18, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's brief shall be served and filed on or before April 27, 2004.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10307
S/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-11208 In the Matter of Walter Dirma, appellant, v Rosalie Dirma, respondent.
(Docket No. F-12605-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, dated November 18, 2003, for leave to reargue a motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, which was determined by decision and order on motion of this court dated February 19, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10313
M/nal
|
2003-11034 In the Matter of Rachael G. (Anonymous), etc., petitioner, v Radames G. (Anonymous), Jr., respondent. (Proceeding No. 1) (Docket No. O-18003/02) In the Matter of Davin G. (Anonymous). Administration for Children's Services, appellant; Radames G. (Anonymous), respondent. (Proceeding No. 2) (Docket No. N-1850/03) In the Matter of Daniel G. (Anonymous). Administration for Children's Services, appellant; Radames G. (Anonymous), respondent. (Proceeding No. 3)
(Docket No. N-1851/03)
| SCHEDULING ORDER |
Appeal by Administration for Children's Services from an order of the Family Court, Queens County, dated December 16, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 16, 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 briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed on or before May 7, 2004.
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
M10124
M/nal
|
2003-00095 In the Matter of Marion Johnson, respondent, v Philip Johnson, appellant. (Docket No. O-8060-02)
| SCHEDULING ORDER |
Appeal by Philip Johnson from an order of the Family Court, Queens County, dated June 4, 2002. The transcripts in the above-entitled appeal were sent to the appellant and filed in this court on April 9, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that within 60 days of the date of this order, counsel for the appellant shall perfect the appeal or submit an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that assigned counsel is directed to provide copies of the transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that if the appeal has not been perfected or withdrawn within 60 days of the date of this order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10328
M/nal
|
2003-08535 In the Matter of Riva Lava, respondent, v Andreas Damianou, appellant. (Docket No. P-3894/01)
| SCHEDULING ORDER |
Appeal by Andreas Damianou from an order of the Family Court, Queens County, dated August 18, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 13, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8796
S/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-03713 In the Matter of Garrett Mc. (Anonymous). Suffolk County Department of Social Services, respondent; Cindy N. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-536-01) In the Matter of Adrianne M. (Anonymous). Suffolk County Department of Social Services, respondent; Cindy N. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N 537-01) In the Matter of Jiordan M. (Anonymous). Suffolk County Department of Social Services, respondent; Cindy N. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-538-01) (Appeal No. 1) 2003-05342 In the Matter of Angela Nelson, appellant, v Robin Martin, et al., respondents. (Docket Nos. V-3850-6-03, V-3183-03) (Appeal No. 2) 2003-06618 In the Matter of Garrett L. Mc. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Cindy N. (Anonymous), appellant; Robin M. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Adrienne M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Cindy N. (Anonymous), appellant; Robin M. (Anonymous), respondent. (Proceeding No. 2) In the Matter of Jiordan M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Cindy N. (Anonymous), appellant; Robin M. (Anonymous), respondent. (Proceeding No. 3) (Docket Nos. B-816-03, B-818-03, B-820-03, B-822-03, B-823-03) (Appeal No. 3)
|
Appeals by (1) Angela Nelson from an order of the Family Court, Suffolk County, entered May 15, 2003 (Appellate Division Docket No. 2003-05342) (2) Cindy N. from an order of the same court dated March 26, 2003 (Appellate Division Docket No. 2003-03713), and (3) Cindy N. from an order of the same court dated June 20, 2003 (Appellate Division Docket No. 2003-6618). Motion by the respondent Suffolk County Department of Social Services, inter alia, to (1) dismiss the appeal from the order dated May 15, 2003, on the ground that the order is not appealable as of right and the appellant has not sought leave to appeal, and (2) dismiss the appeal from the order dated March 26, 2003, on the ground that the order has been rendered academic by the order dated June 20, 2003. Motion by the attorney assigned to represent Cindy N. in a proceeding before the Family Court, Suffolk County, under Docket Nos. V-3850-6-03 and V-3183-03, to be relieved from representing her on the appeal from the order dated May 15, 2003. By order to show cause dated January 15, 2004, as amended January 20, 2004, Cindy N. was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal for failure to perfect the appeal from the order dated June 20, 2003, in accordance with scheduling orders issued pursuant to 22 NYCRR 670.4(a).
Upon the papers filed in support of the motions and the papers filed in opposition or relation thereto, it is
ORDERED that those branches of the motion by the respondent Suffolk County Department of Social Services to dismiss the appeals from the order dated March 26, 2003, and the order entered May 15, 2003, are granted, and those appeals are dismissed, without costs or disbursements, on the ground that the order dated March 26, 2003, is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112), and the order entered May 15, 2003, was rendered academic by the order dated June 20, 2003, and that motion is otherwise denied as academic; and it is further,
ORDERED that the appeal from the order dated June 20, 2003, is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the scheduling orders of this court; and it is further,
ORDERED that the motion by the attorney assigned to represent Cindy N. in the proceeding under Family Court Docket Nos. V-3850-6-03 and V-3813-03 to be relieved as her counsel on the appeal from the order entered May 15, 2003, is denied as academic, in light of the dismissal of that appeal.
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10323
M/nal
|
2004-01211 In the Matter of Robert P. (Anonymous), appellant. (Docket No. E-18252/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Suffolk County, dated January 20, 2004. By decision and order on motion of this court dated April 13, 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:
Michael Bromberg, Esq.
44 Hampton Street, Box 2112
Sag Harbor, New York 11963
(631)725-0641
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 April 13, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9980
M/nal
|
2004-02412 In the Matter of Rita M. Peri, respondent, v Salvatore Peri, appellant. (Docket Nos. F-18449-02, F-02046-02)
| SCHEDULING ORDER |
Appeal by Salvatore Peri from an order of the Family Court, Nassau County, dated February 23, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10339
M/nal
|
2003-06435 In the Matter of Crystal R. (Anonymous), appellant. (Docket No. D-509-03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Richmond County, dated June 25, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 9, 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
M10336
M/nal
|
2003-09593, 2003-09596 In the Matter of Darrin S. (Anonymous), appellant. (Docket No. D-9510/02)
| SCHEDULING ORDER |
Appeals by the juvenile from two orders of the Family Court, Suffolk County, dated September 17, 2003, and September 29, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on April 9, 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 appeals, 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
M10315
M/nal
|
2003-02507 In the Matter of Dominique W. (Anonymous). Administration for Children's Services, petitioner-respondent; Lucy C. (Anonymous), et al., respondents-respondents; Juana D. (Anonymous), intervenor-appellant. (Docket No. N-8825-02)
| SCHEDULING ORDER |
Appeal by Juana D. from an order of the Family Court, Queens County, dated February 20, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 3, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the law guardian to serve and file a brief on the appeal is enlarged until April 30, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10334
M/nal
|
2003-10965 In the Matter of Johnnie Z. (Anonymous). Administration for Children's Services, petitioner-respondent; Diane Z. (Anonymous), appellant; et al., respondents. (Proceeding No. 1) In the Matter of Samia Z. (Anonymous). Administration for Children's Services, petitioner-respondent; Diane Z. (Anonymous), appellant; et al., respondents. (Proceeding No. 2) (Docket Nos. N-14439/96, N-14440/96)
| ORDER TO SHOW CAUSE |
Appeal by Diane Z. from an order of the Family Court, Queens County, dated November 7, 2003. By scheduling order dated January 9, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
By decision and order dated March 3, 2004, the appellant was given until April 7, 2004, to comply with the scheduling order dated January 9, 2004. The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with the scheduling order dated January 9, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 7, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10343
L/
A. GAIL PRUDENTI, P.J.
|
2004-02350 The People, etc., plaintiff, v Anthony Annaruma, defendant. (Ind. Nos. 9315/99, 0578/99)
| 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 January 27, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
A. GAIL PRUDENTI
Presiding Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10368
S/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-02680
The People, etc., respondent, v Anthony Chicchetti, appellant. (Ind. No. 7389/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered March 1, 2004, 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 if the appellant was released on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10369
S/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-10851, 2004-02100, 2004-02553
The People, etc., respondent, v Billy DeJesus, a/k/a Jason DeJesus, appellant. (Ind. No. 03-0038 and S.C.I. Nos. 01-1523, 01-1526)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered November 6, 2003 (Appellate Division Docket No. 2003-10851), as a poor person, and for the assignment of counsel. Separate motion by the appellant for leave to prosecute appeals from two amended judgments of the Supreme Court, Westchester County, both rendered January 28, 2004 (Appellate Division Docket Nos. 2004-02150 and 2004-02553), as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motions and the papers filed in relation thereto, it is
ORDERED that the motions are granted; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that 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 these actions, 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 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 appeals, 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 appeals:
Stephen J. Pittari, Esq.
Legal Aid Society of Westchester County
One North Broadway, 9th Floor
White Plains, New York 10601
and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court(s) from which the appeals are taken.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03-A-6038
Lake View Shock Corr. Fac.
Box T
Brocton NY 14706
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10354
O/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2002-05684 The People, etc., respondent, v Joseph Evans, appellant. (Ind. No. 01-00796)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered June 11, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before June 21, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10318
S/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-02304 The People, etc., respondent, v Ligio Lopez, appellant.
(Ind. No. 298/03)
| DECISION & ORDER ON MOTION |
Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered October 29, 2003, and 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 or relation thereto, it is
ORDERED that branch of the motion which is to extend the time to take the appeal is granted; and it is further,
ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that branch of the motion which is for poor person relief 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.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10345
L/
A. GAIL PRUDENTI, P.J.
|
2004-01079 The People, etc., plaintiff, v Hector Reuben, a/k/a Pharaoh Allah, defendant. (Ind. No. 8916/90)
| 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 18, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
A. GAIL PRUDENTI
Presiding Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10253
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS
|
2004-00761
The People, etc., respondent, v Scott T. Smith, a/k/a Thomas Smith, appellant.
(Ind. No. 3855/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated March 16, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered December 16, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion the appeal is dismissed as this appeal is a duplicate of an appeal pending under Appellate Division Docket No. 2004-00123; and it is further,
ORDERED that the motion is denied as academic.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10317
S/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-02332
The People, etc., respondent, v Robert Thompson, appellant.
(Ind. No. 4918/01)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal |
Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered May 29, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal from the judgment rendered May 29, 2003.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk