Appellate Division: Second Judicial Department

M24394

S/sl

2004-08505 Zahid Ali, respondent, v Riaz Ahmad, et al., appellants. (Index No. 18721/03)

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, Queens County, dated June 28, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 31, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24393

S/sl

2004-07523 Carmen Batista, respondent, v KFC National Management Company, appellant. (Index No. 22901/00)

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, Kings County, dated June 18, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 20, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24388

CF/

2004-10570 John Carroll, respondent, v City of New York, et al., appellants. (Index No. 45000/97)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated November 10, 2004.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24389

S/sl

2004-09741 Ann Cassuto, respondent, v City of New York, appellant-respondent, Rodrigue Dufresne, respondent-appellant. (Index No. 51025/02)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Kings County, entered October 22, 2004.

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until May 31, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24308

S/sl

2005-01401 Yolanda Chance, appellant, v Kenneth S. Felder, et al., respondents. (Index No. 13033/02)

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, Kings County, dated September 29, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 28, 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

Appellate Division: Second Judicial Department

M24386

CF/

2005-01906 Irene D'Ambrogio, respondent, v Alliance Designer Tree Service, respondent-appellant; Craig Seltzer, et al., appellants-respondents. (Index No. 3058/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants-respondents to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 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 of the appellants-respondents is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24379

CF/

2005-00394 Niamh Dalton, et al., respondents, v Mariana Zabala, et al., appellants. (Index No. 31735/01)

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 10, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24374

CF/

2004-09842 Fork, Knife & Spoon, Inc., respondent, v Pasta & Dreams, Inc., et al., appellants. (Index No. 14361/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated October 12, 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

Appellate Division: Second Judicial Department

M24376

CF/

2005-00379 Gladys Gherardi, respondent, v 181 Union Turnpike Associates, LLC, appellant. (Index No. 18757/04)

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 December 3, 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

Appellate Division: Second Judicial Department

M24390

S/sl

2004-07290 Jonathan D. Goldstein, et al., appellants, v New York Times Company, et al., respondents. (Index No. 13327/03)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 17, 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

Appellate Division: Second Judicial Department

M24392

S/sl

2004-07737 Myra Graham, appellant, v Tri-Mac Enterprises of Centereach, Inc., d/b/a McDonald's, et al., respondents. (Index No. 24651/97)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated July 29, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 6, 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

Appellate Division: Second Judicial Department

M24381

CF/

2005-00804 Mary Imbrogno, respondent, v County of Westchester, et al., appellants. (Index No. 8101/04)

ORDER ON APPLICATION Application to Withdraw Appeal

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

Appellate Division: Second Judicial Department

M24382

CF/

2005-00631 Dawn Jenkins, respondent, v Kenneth A. Miller, et al., defendants, Mazda American Credit, Inc., appellant. (Index No. 28920/01)

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 December 1, 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

Appellate Division: Second Judicial Department

M24371

J/sl

2004-09904 John Katsoudas, appellant, v City of New York, respondent, et al., defendants. (Index No. 13064/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 14, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 1, 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

Appellate Division: Second Judicial Department

M24383

S/sl

2004-09358 Matthew J. McGuckin, Jr., etc., appellant, v Snapple Distributors, Inc., et al. respondents. (Index No. 17920/03)

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, Westchester County, dated September 27, 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

Appellate Division: Second Judicial Department

M24387

CF/

2005-01131, 2005-01132 Bette Meyer, et al., respondents, v Charles Ackerman, appellant, et al., defendants. (Index No. 2123/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from an order of the Supreme Court, Rockland County, dated November 13, 2004, and a judgment of the same court entered January 20, 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

Appellate Division: Second Judicial Department

M24391

S/sl

2004-07443 Mary Ann Notter, respondent, v Michael Notter, appellant. (Index No. 202920/03)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 9, 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

Appellate Division: Second Judicial Department

M24372

CF/

2005-01396 Elba Ortiz, et al., respondents, v Ahmad M. Jaber, et al., appellants. (Index No. 9595/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Kings County, dated January 5, 2005.

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

ORDERED that the applications are granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24380

CF/

2004-10749 PSM Realty, L.L.C., et al., respondents, v Pennsylvania Lumbermens Mutual Insurance Company, et al., defendants, Hamond & Company, Inc., etc., et al., appellants. (Index No. 3453/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an amended order of the Supreme Court, Orange County, dated October 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 is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24369

CF/

2005-01247 Adem Pocesta, et al., respondents, v Natalie Fox, et al., appellants. (Index No. 12258/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated December 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 is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24360

E/sl

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-02617 Jemiliya Pudalov, respondent, v Scott Pudalov, defendant; Cohen Hennessey & Bienstock, P.C., nonparty-appellant. (Index No. 333/99)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered February 28, 2005, to stay enforcement of that order, to direct the respondent to comply with an order of the same court dated December 7, 2004, to the extent of depositing the sum of $143,000 in her attorney's escrow account, and to restrain the respondent from selling or encumbering her personal property and certain real property pending hearing and determination of the appeal, and for a preference in the calendaring of the appeal.

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

ORDERED that the branch of the motion which is to stay enforcement of the order entered February 28, 2005, to direct the respondent to comply with the order dated December 7, 2004, to the extent of depositing the sum of $143,000 in her attorney's escrow account, and to restrain the respondent from selling or encumbering her personal property and certain real property pending hearing and determination of the appeal is denied, without prejudice to the appellant seeking the same relief in the Supreme Court, Westchester County; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., SANTUCCI, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24385

S/sl

2004-09320 Deonarine Ramnarain, appellant, v Chandradat Ramnarain, et al., respondents. (Index No. 24620/98)

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 September 20, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 23, 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

Appellate Division: Second Judicial Department

M24406

CF/

2004-06559 Michele Sanfilippo, et al., respondents, v Delboriello Funeral Service, Inc., et al., defendants, Bolino Limousine, et al., appellants. (Index Nos. 49709/99, 11225/00, 21396/00, 7098/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Scarpaci Funeral Service, Inc., to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 14, 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 Scarpaci Funeral Service, Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24419

E/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-03087 Israel Schvimmer, et al., respondent, v Elza Schlesinger, etc., et al., appellants; Matthew S. Aboulafia, nonparty. (Index No. 30100/01)

DECISION & ORDER ON MOTION

Appeal by Mathew S. Aboulafia from an order of the Supreme Court, Kings County, entered March 11, 2005. By order to show cause dated April 6, 2005, the parties were directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that Matthew S. Aboulafia is not aggrieved by the order entered March 11, 2005 (see CPLR 5511). Motion by the defendants to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.

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

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

ORDERED that the order to show cause is denied; and it is further.

ORDERED that on the court's own motion, the notice of appeal is deemed corrected to reflect that the defendants and not their attorney are the appellants (see CPLR 2001).

ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24370

S/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-08186 Sted Tenants Owners Corp., respondent, v Alphonso Chumpitaz, et al., appellants. (Index No. 25056/02)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the New York State Department of Housing and Community Renewal to dismiss an appeal from an order of the Supreme Court, Kings County, dated August 2, 2004, on the ground that the appellants are raising issues relating to so much of the order dated August 2, 2004, as purportedly dismissed a proceeding pursuant to CPLR article 78 entitled Matter of Chumpitaz v New York State Department of Housing and Community Renewal, pending in the Supreme Court, Kings County, under Index No. 10209/03, and the movant was not named as a respondent on the appeal or alternatively, for leave to serve and file a brief on the appeal. Cross motion by the appellants, inter alia, in effect, to direct the Supreme Court, Kings County, to issue a final determination in the aforementioned CPLR article 78 proceeding.

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

ORDERED that the motion is dismissed as there is no appeal pending in connection with the proceeding entitled Matter of Chumpitaz v New York State Department of Housing and Community Renewal, pending under Index No. 10209/03, in the Supreme Court, Kings County; and it is further,

ORDERED that the branch of the cross motion which is to direct the Supreme Court, Kings County, to issue a final determination in the proceeding entitled Matter of Chumpitaz v New York State Department of Housing and Community Renewal, pending under Index No. 10209/03, is denied without prejudice to seeking relief in the Supreme Court, Kings County, in that proceeding; and it is further,

ORDERED that the cross motion is otherwise denied.

We note that the order appealed from which bears only the above-entitled caption did not determine any issues in the proceeding entitled Matter of Chumpitaz v New York State Department of Housing and Community Renewal. Accordingly, to the extent that the appellants have raised issues relating to that proceeding in their brief on this appeal, such issues are not properly before this court and will not be considered in the determination of the appeal.

ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24384

S/sl

2004-10227 Michael Tsaksos, et al., respondents, v Antonios Loutraris, etc., et al., appellants. (Index No. 4117/00)

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, Queens County, dated September 23, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 5, 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

Appellate Division: Second Judicial Department

M24375

J/sl

2004-06135 Yim Heung Wong Ng, et al., respondents- appellants, v Victory Memorial Hospital, appellant-respondent, Raul Rios Doria, et al., respondents. (Index No. 11802/99)

ORDER ON APPLICATION

Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from a judgment of the Supreme Court, Kings County, dated April 21, 2004.

ORDERED that the application is granted and the respondents-appellants' time to serve and file a brief, including their points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until May 10, 2005, and the respondents-appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24251

E/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2005-01769 In the Matter of Dederia Simone C. (Anonymous). Administration for Children's Services, respondent; Erica J. (Anonymous), appellant. (Docket No. B-27933/03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to prosecute an appeal from an order of the Family Court, Kings County, dated December 17, 2004, as a poor person, for the assignment of counsel, and for a preference in the calendaring of the appeal.

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

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are granted; and it is further,

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

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

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

Mark W. Brandys, Esq.

26 Court Street - Suite 1215

Brooklyn, New York 11242

(718) 624-4010

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; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary (see CPLR 5521); and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24401

O/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

DANIEL F. LUCIANO, JJ.

2004-05895 In the Matter of Karyn Katrina D. (Anonymous). Association to Benefit Children/ Variety House for Children, respondent; Kelty D. (Anonymous), a/k/a Cassie D. (Anonymous), appellant. (Docket No. B-22333/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated June 14, 2004, inter alia, to strike portions of the Law Guardian's brief on the ground that it refers to matters dehors the record.

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, SANTUCCI and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24364

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-09642 In the Matter of Melinda D. (Anonymous). Administration for Children's Services, et al., respondents; Claudia F. (Anonymous), appellant. (Docket No. N 3637/02)

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

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated February 17, 2005, is recalled and vacated and the following decision and order on motion is substituted therefore:

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated September 30, 2004, to grant the appellant leave to prosecute the appeal as a poor person, and to enlarge the time to perfect the appeal.

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

ORDERED that the branches of the motion which are to relieve counsel, assign new counsel, and for leave to prosecute the appeal as a poor person are granted; and it is further,

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

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

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

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

Catherine S. Bridge, Esq.

1358 Clove Road

Staten Island, New York 10301

(718) 448-9600

and it is further,

ORDERED that 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; and it is further,

ORDERED that the branch of the motion to enlarge the time to perfect the appeal is referred to the Clerk of this court pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24377

A/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-03145 In the Matter of Dunham Road, LLC, petitioner, v Village of Scarsdale, respondent. (Index No. 1083/05)

DECISION & ORDER ON MOTION

Motion by the petitioner, inter alia, in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, entered March 15, 2005, for a preference in the calendaring of the proceeding.

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

ORDERED that the motion is denied.

ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24365

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2005-01268 In the Matter of Vito G. L. (Anonymous), appellant. (Docket No. D-49-04)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated November 30, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the Law Guardian, Bruce J. Cohen, Esq., 410 Jericho Turnpike, Suite 220, Jericho, New York 11753, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

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

Judith Ellen Stone, Esq.

2819 Harbor Road

Merrick, New York 11566

(516) 623-0897

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24298

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-06641 In the Matter of Dalessa Mc. (Anonymous), appellant. (Docket No. D-5918-04)

DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel of Assignment and to Assign New Counsel - Family Court

On the court's own motion, it is

ORDERED that counsel assigned to prosecute an appeal from an order of the Family Court, Kings County, dated July 19, 2004, is relieved of the assignment and is directed to turn over all papers in the action to new counsel herein assigned.

The appellant's motion for assignment of counsel was granted on September 15, 2004, and the following named attorney was assigned to prosecute the appeal:

Lawrence A. Salvato, Esq.

P.O. Box 6401

New York, New York 10128

(212) 427-9616

and it is further,

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

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10007

(212) 227-0206

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24378

S/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-03467 In the Matter of Amanda P. (Anonymous). Administration for Children's Services of City of New York, appellant; James W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Amelia P. (Anonymous). Administration for Children's Services of City of New York, appellant; James W. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Cheyanne W. (Anonymous). Administration for Children's Services of City of New York, appellant; James W. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Kiara P. (Anonymous). Administration for Children's Services of City of New York, appellant; James W. (Anonymous), appellant. (Proceeding No. 4) (Docket No. N-01539-05, N-01540-05, N-01541-05, N-01542-05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated April 12, 2005, in effect, to stay enforcement of so much of the order as allowed the respondent James W. to pick up the children Cheyanne W. and Kiara P. from daycare and to remain in the children's home until the mother returns from work and to care for those children in their home on Saturday's and Sunday's when the mother is at work, pending hearing and determination of 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 so much of the order as allowed the respondent James W. to pick up the children Cheyanne W. and Kiara P. from daycare and to remain in the children's home until the mother returns from work and to care for those children in their home on Saturday's and Sunday's when the mother is at work is stayed pending hearing and determination of the appeal.

ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24427

E/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-09690 In the Matter of Geraldine P. (Anonymous), appellant. Howard Sovronsky, etc., respondent. (Index No. 27196-IC)

DECISION & ORDER ON MOTION

Motion by the appellant on appeal from an order and judgment of the Supreme Court, Nassau County, entered August 30, 2004, to unseal the file containing the original papers constituting the record on the appeal so her attorney can review the file and to enlarge the time to perfect the appeal.

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 file is unsealed so that the attorney for the appellant can review the court file; and it is further,

ORDERED that the appellant's time to perfect the appeal by serving and filing her brief on the appeal is enlarged until May 25, 2005.

ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24293

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-06416 In the Matter of Linda Recard, appellant, v Anthony Polite, respondent. (Docket No. V-3869-00)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled matter dated March 23, 2005, is recalled and vacated and the following decision and order on motion is substituted therefore:

Renewed motion by counsel assigned to represent the respondent in a proceeding before the Family Court, Kings County, inter alia, to be relieved and for the assignment of new counsel to defend an appeal from an order of the Family Court, Kings County, dated June 30, 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 the attorney for the respondent, Phillip Skittone, Esq., 26 Court Street, Brooklyn, NY 11201, is directed to turn over all papers in the action to the new attorney for the respondent herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the respondent to defend the appeal:

David Laniado, Esq.

189 Montague Street - Suite 303

Brooklyn, New York 11201

(718) 246-9444

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24434

E/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-01085, 2005-01086, 2005-01154, 2005-01155, 2005-01156 In the Matter of Theresa Helen T. (Anonymous), a/k/a Theresa Helen D. (Anonymous), a/k/a Theresa T. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Christina Shannon T. (Anonymous), a/k/a Christina T. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Silvia Marie D. (Anonymous), a/k/a Silvia D. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 3) In the Matter of Patricia D. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 4) (Docket Nos. B-11446/02, B-11448/02, B-11447/02, N-4878/96, N-4879/96, N-4880/96, N-4881/96)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court

Motion by counsel assigned to represent the appellant Debra D. T. in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute appeals from three orders of the Family Court, Queens County, dated May 31, 2004, October 21, 2004, and November 30, 2004, respectively, and two orders of the same court, both dated November 30, 2004, and to grant the appellant Debra D. T. leave to prosecute the appeals as a poor person.

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 branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant Debra D. T. on the appeals; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant Debra D. T. on or before May 9, 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 the branches of the motion which seek assignment of new counsel to represent the appellant Debra D. T. on the appeals and leave to prosecute the appeal as a poor person are denied with leave to the appellant Debra D. T. to renew, on or before May 30, 2005, upon the submission of proper papers establishing that se is entitled to poor person relief and indicating that the appellant Debra D. T. is interested in pursuing the appeals.

ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24282

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2002-02971 In the Matter of Phillip Werbel, admitted as Phillip Allen Werbel, a suspended attorney. (Attorney Registration No. 1345818)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent Phillip Werbel for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated September 22, 2003, the respondent was suspended from the practice of law for a period of one year as a result of a disciplinary proceeding emanating from his plea of guilty on February 6, 2002 in the Supreme Court, Westchester County, to a violation of Election Law § 17-102, a class A misdemeanor, involving false witnessing of a petition. He was sentenced by the Honorable Joseph C. Teresi on April 26, 2002, to a fine of $1,000 and was placed on probation for a period of three years. By subsequent decision and order on motion of this court dated January 8, 2002, the respondent's motion for leave to reargue the aforesaid opinion and order, to modify the discipline imposed or, alternatively, for leave to appeal to the Court of Appeals, was denied in its entirety. By decision and order on motion of this court dated October 26, 2004, the respondent's motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report with respect to the respondent's current fitness to be an attorney, including but not limited to the discipline imposed upon him by the United States District Court for the Eastern and Southern Districts of New York. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 7, 1975, under the name Phillip Allen Werbel.

Upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, it is

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

ORDERED that, effective immediately, the respondent is reinstated as an attorney and counselor-at-law and the Clerk of the Court is directed to restore the name of Phillip Werbel, admitted as Philip Allen Werbel, to the roll of attorneys and counselors-at-law.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24160

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-02255 The People, etc., respondent, v Stephen Atkinson, appellant. (Ind. No. 8101-04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a determination of the Supreme Court, Suffolk County, dated 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 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, Suffolk County, continues on appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings 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 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 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24350

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2005-02227 The People, etc., respondent, v Japheth Clarke, appellant. (Ind. No. 246/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered February 3, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24349

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2005-01510 The People, etc., respondent, v Mark Edwards, appellant. (Ind. No. 115/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered January 27, 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 (1) whether counsel was assigned or retained, and if counsel was retained, the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24143

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-02256 The People, etc., respondent, v Sean Farrell, appellant. (Ind. No. 1756-04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered February 2, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

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

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

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

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

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

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

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M24144

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-02262 The People, etc., respondent, v Raymond Figueroa, appellant. (Ind. No. 778-04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered February 22, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

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

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

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

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

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

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

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 1068

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M24362

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-02050 The People, etc., respondent, v Charles Gerena, appellant. (Ind. No. 3017-83)

DECISION & ORDER ON MOTION

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

appeal from a judgment of the County Court, Suffolk County, rendered October 29, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24348

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2005-01066 The People, etc., respondent, v Julio Gonzalez, appellant. (Ind. No. 7576/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered January 27, 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 (1) whether counsel was assigned or retained, and if counsel was retained, the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24367

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2005-02903 The People, etc., respondent, v Belmont Hammonds, appellant. (Ind. No. 93-01007)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a determination of the County Court, Westchester County, dated January 1, 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 County Court, Westchester County, continues on appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings 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 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 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24158

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-01755 The People, etc., respondent, v Stephen Hargrove, appellant. (Ind. No. 1370-86)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a determination of the Supreme Court, Suffolk County, dated January 20, 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, Suffolk County, continues on appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings 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 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 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24342

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2005-02099 The People, etc., plaintiff, v Nicole Harper, defendant. (Ind. No. 00-01343)

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

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Westchester County, rendered December 8, 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 opposition thereto, it is

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M24146

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-02251, 2005-02252 The People, etc., respondent, v Daniel Jackson, appellant. (Ind. Nos. 690-02, 2647-03)

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

Motion by the appellant pro se for leave to prosecute appeals from two judgments of the County Court, Suffolk County, both rendered January 21, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that 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 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 appeals:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the 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 from which the appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 0584

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M24145

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-02265 The People, etc., respondent, v Sergio Javier, appellant. (Ind. No. 108-05)

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, Suffolk County, rendered January 14, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

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

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

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

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

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

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

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M24147

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-01787 The People, etc., respondent, v Pochly Jean-Baptiste, appellant. (Ind. No. 04-00069)

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 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 the motion is granted; and it is further,

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that 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 appeals:

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 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 from which the appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 0274

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M24345

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2005-01745 The People, etc., respondent, v Tracy Jones, appellant. (Ind. No. 1098-04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered February 7, 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 (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and (2) the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24347

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2005-01975 The People, etc., respondent, v Kentish King, appellant. (Ind. No. 6732/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered March 16, 2004, 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 relation thereto, it is

ORDERED that the branch of the motion which is to extend the time to take the appeal is granted; and it is further,

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

ORDERED that the 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 (1) if counsel was retained, the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24352

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2005-02015 The People, etc., respondent, v Leslie Maize, appellant. (Ind. No. 2694/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered February 10, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24337

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2001-04318 The People, etc., respondent, v David Melendez, appellant. (S.C.I. No. 00-01276)

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 April 5, 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]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24341

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2005-01989 The People, etc., plaintiff, v Gerald Mobley, defendant. (Ind. No. 3769/01)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Queens County, rendered December 19, 2002.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24351

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2005-01752, 2005-01753 The People, etc., respondent, v Emanuel Moweta, appellant. (Ind. Nos. 419-04, 537-04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from two judgments of the County Court, Suffolk County, both rendered January 21, 2005, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24148

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-01756 The People, etc., respondent, v William Repetti, appellant. (Ind. No. 360-88)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a determination of the County Court, Suffolk County, dated December 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 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 County Court, Suffolk County, continues on appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings 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 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 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24338

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2005-01971 The People, etc., respondent, v Robert Richards, appellant. (Ind. No. 2268/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Queens County, rendered March 30, 2004.

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

ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Queens County, rendered March 30, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24363

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2005-02382 The People, etc., respondent, v Christopher Roden, appellant. (Ind. No. 04-00751)

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 March 8, 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 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:

Matthew B. Tully, Esq.

P.O. Box 491

Hunter, New York 12442

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 1299

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division : Second Judicial Department

M24277

F/

STEPHEN G. CRANE, J.

2005-01341 The People, etc., plaintiff, v Hector Rodriguez, a/k/a Hector Bello, defendant. (Ind. No. 7355/97)

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 15, 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.

STEPHEN G. CRANE

Associate Justice

Appellate Division: Second Judicial Department

M24339

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2005-01972 The People, etc., plaintiff, v Ahmed Sabir, defendant. (Ind. No. 1935/03)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered January 8, 2004.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24405

O/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2003-05982 The People, etc., respondent, v Benjamin Sherman, appellant. (Ind. No. 5957/02)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the respondent on an appeal from an order of the Supreme Court, Kings County, dated January 7, 2003, to unseal the record in the above-entitled action to permit counsel to inspect and copy the court file, including any transcripts.

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

ORDERED that the motion is granted.

ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24335

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2003-09325 The People, etc., respondent, v Bashon Taylor, appellant. (Ind. No. 4236/02)

DECISION & ORDER ON MOTION

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

appeal from a judgment of the Supreme Court, Queens County, rendered October 22, 2003.

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24343

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2003-04404 The People, etc., respondent, v Michael Turnbull, appellant. (Ind. No. 12/02)

DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Putnam County, rendered April 1, 2003, and for assignment of new counsel.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24353

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2005-00683 The People, etc., respondent, v Nekoro VanBrook, appellant. (Ind. No. 216/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Richmond County, rendered January 12, 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 if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24149

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-02263 The People, etc., respondent, v Raymond Welch, appellant. (Ind. No. 8042-04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a determination of the County Court, Suffolk County, dated March 3, 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 County Court, Suffolk County, continues on appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings 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 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 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M24333

F/

BARRY A. COZIER, J.

2004-11198 The People, etc., plaintiff, v Clinton Winters, defendant. (Ind. No. 15264/95)

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 October 28, 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.

BARRY A. COZIER

Associate Justice