04-27-2004_MOTION

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MOTION DECISIONS FOR APRIL 27, 2004

TITLE	Case Number
Alcendor v Second Generation Building Corpora	2003-04448
Banasiak v 1050 Fifth Avenue, Inc.	2003-04343
Casa Redimix Concrete, Corp. v MacQuesten Gene	2003-07710 + 1
Chavez v Lewis	2003-07802
Ciferri-Weisse v Weisse	2003-09452 + 2
Commissioner of State Insurance Fund v Quinn	2003-05120 +1
Contarino v North Shore University Hospital A	2003-03556
Diaz v New York City Transit Authority	2003-06408
Dierna v Dierna	2004-00885
Eldridge v State of New York	2003-02111
French v French	2003-10060
Graves v Graves	2002-02861
Gutman v A To Z Holding Corporation	2003-00725
Jeannot v D&B Stephens Insurance Agency	2003-09589
Jerrick Waterproofing Company, Inc. v Park Pl	2003-04802
Juseinoski v Board of Education of the City o	2003-09512
Khanimov v Arroyo	2003-04238
Leitner v K.A.I.Construction Corporation	2003-02661
Long Clove, LLC v Town of Woodbury	2003-09273
Lorenz Diversified Corp. v Falk	2003-08106
Markharoblishvilli v Johnson	2003-05376
Mazzullo v New York Mortgage Serving Corporation	2002-10854
McRae v Motor Vehicle Accident Indemnification	2003-03920
Naane v Maslavi	2003-09793
Nikolos v City of New York	2003-10332
Palumbo v Palumbo	2003-09585
Panobianco v N&L General Contracting Corporat	2003-04501
Seiden v Gogick, Seiden, Byrne & O'Neill, LLP	2003-10792
Sidney v State of New York	2003-03137
Vazquez v Costco Companies, Inc.	2003-08527
Wolff v New York City Transit Authority	2003-09669
Yagudayev v Mofson	2003-04473
Young Israel of North Woodmere-Laurelton v Ch	2003-04085
Mtr of A. (Anonymous), Jamel	2004-03256
Mtr of A. (Anonymous), Lawrence	2004-03318
Mtr of Abellard v Aime	2004-03378
Mtr of B. (Anonymous), Linda Yolanda	2004-03372
Mtr of Baron, an attorney	2003-09976
Mtr of Davis v Davis	2004-03342
Mtr of Doherty-McCauley v Patchen	2004-03323
Mtr of Greco v Curran	2003-04722
Mtr of Kaufman; Grievance Committee	2003-03013
Mtr of Keller, an attorney	2003-09979
Mtr of Lucena v Lopez	2004-03272
Mtr of M. (Anonymous), Darien Jermaine Jr.	2004-03370
Mtr of M. (Anonymous), Jeremiah	2004-03346
Mtr of Moreno v Cruz	2004-03428
Mtr of R. (Anonymous), Dashawna	2004-03374
Mtr of Robinson v Plaro Estates, Inc.	2003-02971
Mtr of Roth, an attorney	2003-09879
Mtr of S. (Anonymous), Rudolph	2004-03320
Mtr of Tuohy v New York State Department of	2003-06970
Mtr of W. (Anonymous), Kenneth Adam Noel	2004-03319
Mtr of Ymbras v Ymbras	2004-03322
Peo v Archer, Jermaine	2000-09963
Peo v Daniels, Kevin	1996-00830
Peo v DeJesus, Billy, a/k/a DeJesus, Jason	2003-11052
Peo v DesRosiers, Petrix	2004-02182
Peo v Fiorenza, Timothy Paul	2004-01966
Peo v Guerrero, Herman	2004-02265
Peo v Molina, Ricardo	2003-08035
Peo v Ragland, Kim	2003-10256
Peo v Sluszka, Frank and Carnes, Joseph	2004-00145
Peo v Smalls, Benjamin	2003-09836
Peo v Warren, Damon	2002-11550
Peo v Williams, Damien	2004-00372

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

Appellate Division: Second Judicial DepartmentM10689

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-04448

Alec Alcendor, et al., appellants, v Second
Generation Building Corporation, et al.,
respondents.

(Index No. 8476/01)

DECISION & ORDER ON MOTION

By order of this court dated October 21, 2003, the appellants were directed to perfect an appeal from an order of the Supreme Court, Westchester County, dated April 1, 2003, on or before February 9, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial DepartmentM10690

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-04343

Andrzej Banasiak, respondent, v 1050 Fifth
Avenue, Inc., et al., appellants-respondents,
Z&B Construction Corp., respondent-appellant.
(Index No. 75380/02 )

DECISION & ORDER ON MOTION

By order of this court dated January 2, 2004, the appellants-respondents were directed to perfect an appeal from an order of the Supreme Court, Kings County, dated March 3, 2003, on or before January 29, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants-respondents failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10652

PL/nal

2003-07710

Casa Redimix Concrete Corp., et al.,
plaintiffs-respondents, v MacQuesten
General Contracting, Inc., et al., defendants-
respondents, HCE, Inc., appellant.
(Index No. 14227/00)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, entered August 4, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until June 1, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10651

R/nal

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-07802

Felix Chavez, et al., appellants, v
Brian Lewis, et al., respondents.
(Index No. 12436/00)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 9, 2003, for failure to timely perfect the same.

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M10610

S/nal

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-09452, 2003-09454, 2003-09455

Kimberlie A. Ciferri-Weisse, respondent,
v Raymond J. Weisse, appellant.
(Index No. 09131/01)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Westchester County, dated October 4, 2002, and two orders of the same court, dated March 10, 2003, and September 4, 2003, respectively.

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

ORDERED that on the court's own motion the appeal from the decision dated October 4, 2002, is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeals from the orders is enlarged until June 21, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial DepartmentM9989

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-05120, 2003-05122

Commissioner of State Insurance Fund,
respondent, v Patrick James Quinn, et al.,
appellants.
(Index No. 13789/00 )

DECISION & ORDER ON MOTION

By order of this court dated December 3, 2003, the appellants were directed to perfect appeals from two judgments of the Supreme Court, Westchester County, both entered March 25, 2003, on or before January 29, 2004. More than 30 days have elapsed since that date and the appeals have not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeals are dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10656

S/nal

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-03556

Helen Contarino, et al., appellants,
v North Shore University Hospital
at Glen Cove, etc., et al., respondents.
(Index No. 14387/95)

DECISION & ORDER ON MOTION

Appeal by the plaintiffs from an order of the Supreme Court, Nassau County, dated February 21, 2003. The appeal was perfected on October 14, 2003. The respondents briefs were filed on January 26, 2004. By opinion and order of this court dated March 22, 2004, the appellants' attorney, Ronald J. Chisena, was suspended from the practice of law.

Now, on the court's own motion,

THE DEFENDANT IS HEREBY ADVISED

That CPLR 321(c) provides that if an attorney for a party is removed or becomes incapacitated "no further proceeding shall be taken in the action against the party for whom he [or she] appeared, without leave of court, until thirty days after notice to appoint another attorney has been served upon that party either personally or in such manner as the court directs."

On the court's own motion it is:

ORDERED that pursuant to CPLR 321(c) no further proceedings shall be taken on this appeal, without leave of the court, until the expiration of 30 days after service upon the defendant of a copy of this decision and order; and it is further,

ORDERED that Ronald J. Chisena is directed to serve a copy of this decision and order upon the appellants by regular mail, on or before May 12, 2004, and file proof of service with the Clerk of this court; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon Ronald J. Chisena by regular mail, on or before April 28, 2004; and it is further,

ORDERED that on or before June 14, 2004, the appellants shall either retain new counsel and notify this court and the attorney for the respondent of the name and address of his new attorney on the appeal, or advise the court that they intend to proceed pro se and rely upon the brief filed by former counsel.

ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial DepartmentM10693

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-06408

Evan Diaz, appellant v New York City
Transit Authority, et al., respondents,
et al., defendant.
(Index No. 12629/01)

DECISION & ORDER ON MOTION

By so ordered stipulation, the appellant was required to perfect an appeal from an order of the Supreme Court, Richmond County, dated May 20, 2003, on or before February 2, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10653

R/nal

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2004-00885

Camille Dierna, respondent,
v Joseph Dierna, appellant.
(Index No. 6363/02)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Orange County, dated December 3, 2003, on the ground that the notice of appeal was not timely served or filed.

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

ORDERED that the motion is denied.

ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial DepartmentM10704

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-02111

Michael L. Eldridge, appellant,
v State of New York, respondent.
(Index No.103910)

DECISION & ORDER ON MOTION

By order of this court dated December 4, 2003, the appellant was directed to perfect an appeal from an order of the Court of Claims, dated February 3, 2003, on or before January 23, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10643

S/nal

2003-10060

Myrna French, plaintiff, v Leonard French,
respondent; Samuelson Hause & Samuelson,
LLP, nonparty-appellant.
(Index No. 31387/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated October 25, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 12, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10628

A/nal

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER, JJ.

2002-02861

Joan Graves, respondent, v Howard Graves,
appellant.
(Index No. 5655/00)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to direct the respondent to comply with the decision and order of this court dated August 25, 2003, which determined an appeal from a judgment of the Supreme Court, Richmond County, dated February 26, 2002, and to compel the respondent to convey back to him his one-half interest in the marital residence and thereafter, to sell the marital residence, and cross motion by the respondent for leave to reargue the appeal, and upon reargument, to dismiss the appeal on the ground that it has been rendered academic.

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

ORDERED that the motion is denied without prejudice to the appellant seeking relief in the Supreme Court, Richmond County; and it is further,

ORDERED that the cross motion is denied.

PRUDENTI, P.J., ALTMAN, FLORIO and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial DepartmentM9988

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-00725

Aryeh Gutman, appellant, v A to Z Holding
Corp., et al., defendants-respondents.
(Index No.50105/99)

DECISION & ORDER ON MOTION

By order of this court dated October 31, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Kings County, dated December 6, 2002, on or before January 19, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10694

S/nal

2003-09589

Farah Jeannot, et al., plaintiffs-respondents,
v D&B Stephens Insurance Agency, et al.,
defendants third-party plaintiffs-respondents;
State Farm Mutual Automobile Insurance
Company, third-party defendant-appellant.
(Index No. 7977/01)

ORDER ON APPLICATION

Application by the defendants third-party plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated October 2, 2003.

ORDERED that the application is granted and the applicants' time to serve and file a brief is enlarged until June 21, 2004, and the applicants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial DepartmentM10705

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-04802

Jerrick Waterproofing Co., Inc., plaintiff-
respondent, v Park Plaza Owners Corp.,
defendant third-party plaintiff-appellant;
New York Surety Company, third-party
defendant-respondent.
(Index No. 25823/96)

DECISION & ORDER ON MOTION

By order of this court dated December 4, 2003, the defendant third-party plaintiff-appellant was directed to perfect an appeal from an order of the Supreme Court, Kings County, dated March 27, 2003, on or before February 5, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the defendant third-party plaintiff-appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10650

S/nal

2003-09512

Ali Juseinoski, appellant, v
Board of Education of City of New York,
et al., respondents.
(Index No. 845/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 26, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 27, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial DepartmentM10697

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-04238

Rafael Khanimov, appellant,
v Jose Arroyo, et al., respondents.
(Index No. 5432/01)

DECISION & ORDER ON MOTION

By order of this court dated January 12, 2004, the appellant was directed to perfect an appeal from an order of the Supreme Court, Queens County, dated April 7, 2003, on or before February 20, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial DepartmentM10660

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-02661

David Leitner, appellant, v K.A.I. Construction
Corporation, et al., respondents.
(Index No. 11598/00)

DECISION & ORDER ON MOTION

By order of this court dated December 29, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Kings County, dated March 5, 2003, on or before February 22, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10357

S/nal

NANCY E. SMITH, J.P.

HOWARD MILLER

SONDRA MILLER

DANIEL F. LUCIANO, JJ.

2003-09273

Long Clove, LLC, appellant, v
Town of Woodbury, respondent.
(Index No. 8255/99)

DECISION & ORDER ON MOTION

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

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

ORDERED that on the court's own motion the plaintiff's notice of appeal from a decision of the Supreme Court, Orange County, dated September 26, 2003, is deemed a premature notice of appeal from the judgment entered April 20, 2004 (see CPLR 5520[c]); and it is further,

ORDERED that on or before May 11, 2004, the appellant shall serve and file a supplemental appendix containing the judgment entered April 20, 2004; and it is further,

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 25, 2004, and the respondent's brief must be served and filed on or before that date.

SMITH, J.P., H. MILLER, S. MILLER and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10708

S/nal

2003-08106

Lorenz Diversified Corp., respondent,
v Betty Falk, et al., appellants.

(Index No. 434/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Putnam County, dated August 7, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before May 3, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial DepartmentM10703

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-05376

Larisa Markharoblishvilli, et al., appellants,
v Mark P. Johnson, respondent.
(Index No. 11168/01)

DECISION & ORDER ON MOTION

By so ordered stipulation, the appellants were required to perfect an appeal from an order of the Supreme Court, Queens County, dated May 16, 2003, on or before January 5, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial DepartmentM9987

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-10854

John Mazzullo, et al., respondents,
v New York Mortgage Serving Corporation,
et al., appellants, et al., defendants.
(Index No. 16692/96)

DECISION & ORDER ON MOTION

By order of this court dated October 3, 2003, the appellants were directed to perfect an appeal from an order of the Supreme Court, Suffolk County, dated October 28, 2002, on or before February 11, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial DepartmentM10702

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-03920

James McRae, etc., appellant, v Motor
Vehicle Accident Indemnification
Corporation, respondent.
(Index No. 27848/02)

DECISION & ORDER ON MOTION

By order of this court dated December 1, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Kings County, dated March 11, 2003, on or before January 30, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10608

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2003-09793

Ron Naane, appellant, v Ofira Maslavi,
respondent.
(Index No. 200082/03)

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 September 30, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 6, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10655

R/nal

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-10332

Theofilos Nikolos, appellant, v
City of New York, et al., respondents.
(Index No. 12194/01)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondents Angeliki Gatzonis, Evangelia Gatzonis, and John Gatzonis to dismiss an appeal from an order of the Supreme Court, Queens County, dated October 1, 2003, on the ground that the notice of appeal was not timely served or filed.

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

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see Marino v Termini, 4 AD3d 342); and it is further,

ORDERED that the motion is denied as academic.

ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10649

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2003-09585

Charleen Anne Palumbo, respondent,
v Robert Palumbo, appellant.
(Index No. 024096-97)

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, Nassau County, dated September 30, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 28, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial DepartmentM10701

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-04501

Joseph Panobianco, respondent, v N&L General
Contracting Corporation, et al., appellants.
(Index No. 10890/01)

DECISION & ORDER ON MOTION

By order of this court dated January 12, 2004, the appellants were directed to perfect an appeal from an order of the Supreme Court, Richmond County, dated April 4, 2003, on or before February 13, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10658

R/nal

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-10792

Mark Seiden, appellant, v Gogick, Seiden,
Byrne & O'Neill LLP, respondents;
Milber, Makris, Plousadis & Seiden, LLP,
et al., additional counterclaim defendants.
(Index No. 13387/98)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated September 19, 2003, for failure to prosecute the same.

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

ORDERED that the motion is denied.

ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial DepartmentM10698

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-03137

Eugene Sidney, appellant, v State of
New York, respondent.
(Claim No. 106493)

DECISION & ORDER ON MOTION

By order of this court dated January 22, 2004, the appellant was directed to perfect an appeal from an order of the Court of Claims, dated February 18, 2003, on or before February 26, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10692

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2003-08527

Richard Vazquez, appellant, v
Costco Companies, Inc., respondent.
(Index No. 12147/00)

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 and judgment (one paper) of the Supreme Court, Queens County, dated July 1, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 21, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10654

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2003-09669

John Wolff, et al., respondents, v
New York City Transit Authority, et al., appellants.
(Index No. 1615/00)

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 26, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 24, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial DepartmentM10659

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-04473

Rafael Yagudayev, et al., appellants,
v Donna Mofson, defendant third-party
plaintiff-respondent; Nasser Barkhordar,
third-party defendant-respondent.
(Index No. 16136/98)

DECISION & ORDER ON MOTION

By order of this court dated January 16, 12004, the appellants were directed to perfect an appeal from a judgment of the Supreme Court, Queens County, entered May 6, 2003, on or before March 1, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial DepartmentM10695

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-04085

Young Israel of North Woodmere-Laurelton,
respondent, v Shaul Chill, appellant.
(Index No.4295/03)

DECISION & ORDER ON MOTION

By order of this court dated October 31, 2004, the appellant was directed to perfect an appeal from an order of the Supreme Court, Nassau County, dated April 16, 2003, on or before January 30, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10640

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2004-03256
In the Matter of Jamel A. (Anonymous),
appellant.
(Docket No. D-1236/03)

SCHEDULING ORDER

Appeal by Jamel A. from an order of the Family Court, Richmond County, dated February 26, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

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

Appellate Division: Second Judicial Department

M10621

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2004-03318
In the Matter of Lawrence A. (Anonymous),
appellant.
(Docket No. D-22866/03)

SCHEDULING ORDER

Appeal by Lawrence A. from an order of the Family Court, Kings County, dated March 19, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

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

Appellate Division: Second Judicial Department

M10541

M/nal

2004-03378
In the Matter of Yvon Abellard, appellant,
v Edith Aime, respondent.
(Docket No. P-4133-01)

SCHEDULING ORDER

Appeal by Yvon Abellard from an order of the Family Court, Queens County, dated March 15, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

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

Appellate Division: Second Judicial Department

M10545

M/nal

2004-03372
In the Matter of Linda Yolanda B. (Anonymous).
Family Support Systems Unlimited, Inc., et al.,
respondents; Lashawn R. (Anonymous), appellant.
(Docket No. B-15875/02)

SCHEDULING ORDER

Appeal by Lashawn R. from an order of the Family Court, Queens County, dated March 10, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

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

Appellate Division: Second Judicial Department

M10612

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-09976
In the Matter of Ronald Lewis Baron,
an attorney and counselor-at-law.

DECISION & ORDER
VOLUNTARY RESIGNATION

Ronald Lewis Baron has voluntarily submitted an affidavit dated November 7, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Baron was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 19, 1983. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Baron presently resides in Texas, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Ronald Lewis Baron, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Ronald Lewis Baron is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Ronald Lewis Baron is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Ronald Lewis Baron has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10542

M/nal

2004-03342
In the Matter of Grace Davis, respondent,
v Melville Davis, appellant.
(Docket No. F-4080/02)

SCHEDULING ORDER

Appeal by Melville Davis from an order of the Family Court, Queens County, dated March 16, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

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

Appellate Division: Second Judicial Department

M10617

M/nal

2004-03323
In the Matter of Kathleen Doherty-McCauley,
respondent, v Joseph Patchen, appellant.
(Docket No. F-520/98)

SCHEDULING ORDER

Appeal by Joseph Patchen from an order of the Family Court, Westchester County, dated February 25, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

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

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

Appellate Division: Second Judicial DepartmentM10700

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-04722

In the Matter of Vincent Greco, appellant,
v William Curran, etc., et al., respondents.
(Proceeding No. 1)
(Index No. 14218/01)
In the Matter of Vincent Greco, appellant,
v Richard Dillworth, respondent.
(Proceeding No. 2)
(Index No. 15127/01)

DECISION & ORDER ON MOTION

By order of this court dated January 16, 1004, the appellant was directed to perfect an appeal from an order of the Supreme Court, Nassau County, dated April 16, 2003, on or before February 24, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10607

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

MYRIAM J. ALTMAN

ANITA R. FLORIO

THOMAS A. ADAMS, JJ.

2003-03013

In the Matter of Jonathan S. Kaufman,
admitted as Jonathan Seth Kaufman,
an attorney and counselor-at-law.
Grievance Committee for the Second and
Eleventh Judicial Districts, petitioner;
Jonathan S. Kaufman, respondent.

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second and Eleventh Judicial Districts for an order suspending the respondent from the practice of law pursuant to 22 NYCRR 691.4(l)(1)(i), upon a finding that he is guilty of professional misconduct immediately threatening the public interest in that he has failed to submit a written answer to a complaint of professional misconduct pending before it. By decision and order on motion of this court dated May 30, 2003, that branch of the Grievance Committee's motion as sought to suspend the respondent pursuant to 22 NYCRR 691.4(l)(1)(i) was denied, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent, and the issues raised were referred to the Honorable Irving S. Aronin, as Special Referee to hear and report. By further decision and order on motion of this court dated December 16, 2003, John Clarke, Esq., was appointed Special Referee to hear and report with respect to his findings on the issues, upon the death of the Honorable Irving S. Aronin. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 10, 1996, under the name Jonathan Seth Kaufman.

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

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

ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(i), the respondent, Jonathan S. Kaufman, admitted as Jonathan Seth Kaufman, is immediately suspended from the practice of law in the State of New York, pending further order of the court; and it is further,

ORDERED that Jonathan S. Kaufman, admitted as Jonathan Seth Kaufman, shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,

ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Jonathan S. Kaufman, admitted as Jonathan Seth Kaufman, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law of its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that the Grievance Committee for the Second and Eleventh Judicial Districts is hereby authorized to file and serve a supplemental petition of charges based on the Grievance Committee's affirmation dated February 18, 2004; and it is further,

ORDERED that the Grievance Committee shall serve upon the respondent and the Special Referee and file with the court a supplemental petition within 30 days after its receipt of a copy of this decision and order on motion; and it is further,

ORDERED that within 10 days after service upon him of a copy of the supplemental petition, the respondent shall serve an answer upon the petitioner and the Special Referee, and shall file a copy of the same in the office of the Clerk of this court; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to John P. Clarke, Esq., 35 Broad St., Williston Park, N.Y. 11596, as Special Referee to hear and report, along with the issues previously referred to him; and it is further

ORDERED that if Jonathan S. Kaufman, admitted as Jonathan Seth Kaufman, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and Jonathan S. Kaufman, admitted as Jonathan Seth Kaufman, shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f).

We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based upon his failure to cooperate with the Grievance Committee.

The Grievance Committee is conducting an investigation into a complaint of professional misconduct alleging that the respondent failed to disburse settlement proceeds or to contact his client or the client's attorney. On October 28, 2003, the Grievance Committee sent the respondent a copy of that complaint and requested that he submit a written answer to the allegations within 10 days. The Grievance Committee advised the respondent that an unexcused failure to reply to the complaint would constitute "professional misconduct" independent of the merits of the underlying complaint and would be treated accordingly. That letter was mailed to the address at which the respondent is registered with the Office of Court Administration. The respondent neither submitted an answer nor requested additional time in which to do so.

The Grievance Committee sent the respondent a second letter on December 8, 2003, by regular and certified mail, advising him that his answer to the complaint had not been received and directing him to submit an answer within 10 days. The Grievance Committee advised the respondent that his continued failure to cooperate could result in an application for his immediate suspension. The Grievance Committee received a signed return receipt dated December 9, 2003. To date, the respondent has neither submitted an answer nor requested additional time in which to do so.

Grievance Counsel notes that the respondent is currently the subject of a pending disciplinary proceeding for failing to cooperate with an unrelated investigation by the Committee. Accordingly, the Grievance Committee once again seeks his interim suspension. Although personally served with the Grievance Committee's Order to Show Cause on February 19, 2004, the respondent has not replied thereto or requested any extensions of time in which to do so.

In view of the pattern of failing to cooperate which the respondent continues to pursue, the Grievance Committee's motion for his interim suspension is granted on the ground that he constitutes an immediate threat to the public interest. The Grievance Committee is hereby authorized to file and serve, within 30 days, a supplemental petition of charges based on the allegations underlying this application, with an answer submitted by the respondent within 10 days, and the issues raised are referred to Special Referee Clarke, along with those charges previously referred to him.

PRUDENTI, P.J., RITTER, ALTMAN, FLORIO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10611

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-09979
In the Matter of Stephen John Keller,
an attorney and counselor-at-law.

DECISION & ORDER
VOLUNTARY RESIGNATION

Stephen John Keller has voluntarily submitted an affidavit dated November 7, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Keller was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 26, 1983. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Keller presently resides in Washington, D.C., does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Stephen John Keller, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Stephen John Keller is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Stephen John Keller is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Stephen John Keller has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10625

M/nal

2004-03272
In the Matter of Jeanette L. Lucena, et al.,
respondents, v William Lopez, appellant.
(Docket No. V-11,014-03)

SCHEDULING ORDER

Appeal by William Lopez from an order of the Family Court, Westchester County, dated March 8, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

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

Appellate Division: Second Judicial Department

M10544

M/nal

2004-03370
In the Matter of Darien Jermaine M. (Anonymous), Jr.
Family Support Systems Unlimited, Inc., et al.,
respondents; Lashawn R. (Anonymous), appellant.
(Docket No. B-15877/02)

SCHEDULING ORDER

Appeal by Lashawn R. from an order of the Family Court, Queens County, dated March 10, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

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

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

Appellate Division: Second Judicial Department

M10550

M/nal

2004-03346
In the Matter of Jeremiah M. (Anonymous).
Family Support Systems Unlimited, Inc., et al.,
respondents; Lashawn R. (Anonymous), appellant.
(Docket No. B-17119/03)

SCHEDULING ORDER

Appeal by Lashawn R. from an order of the Family Court, Queens County, dated March 10, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

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

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

Appellate Division: Second Judicial Department

M10557

M/nal

2004-03428
In the Matter of Kenneth Moreno, respondent,
v Maria Cruz, appellant.
(Docket No. V-09793/99)

SCHEDULING ORDER

Appeal by Maria Cruz from an order of the Family Court, Kings County, dated March 18, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

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

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

Appellate Division: Second Judicial Department

M10547

M/nal

2004-03374
In the Matter of Dashawna R. (Anonymous).
Family Support Systems Unlimited, Inc., et al.,
respondents; Lashawn R. (Anonymous), appellant.
(Docket No. B-15876/02)

SCHEDULING ORDER

Appeal by Lashawn R. from an order of the Family Court, Queens County, dated March 10, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

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

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

Appellate Division: Second Judicial DepartmentM10688

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-02971

In the Matter of Neil Robinson, respondent,
v Plaro Estates, Inc., et al., appellants.

(Index No. 6826/02)

DECISION & ORDER ON MOTION

By order of this court dated December 26, 2003, the appellants were directed to perfect an appeal from an order of the Supreme Court,Rockland County, dated January 9, 2003, on or before January 29, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10616

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-09879
In the Matter of Mandy Roth,
an attorney and counselor-at-law.

DECISION & ORDER
VOLUNTARY RESIGNATION

Mandy Roth has voluntarily submitted an affidavit dated November 6, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Roth was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 12, 2000. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Roth presently resides in Pennsylvania, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Mandy Roth, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Mandy Roth is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Mandy Roth is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further;

ORDERED that if Mandy Roth, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10622

M/nal

2004-03320
In the Matter of Rudolph S. (Anonymous),
appellant.
(Docket No. D-01468/04)

SCHEDULING ORDER

Appeal by Rudolph S. from an order of the Family Court, Kings County, dated April 6, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

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

Appellate Division: Second Judicial Department

M10661

R/nal

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-06970

In the Matter of Daniel Tuohy, etc., petitioner,
v New York State Department of Parole,
respondent.
(Index No. 1543/03)

DECISION & ORDER ON MOTION

Motion by the petitioner to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated June 10, 2003.

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

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

ORDERED that the petitioner's time to perfect the proceeding by serving and filing his brief is enlarged until June 30, 2004, and the petitioner shall serve and file his brief on or before that date.

ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10559

M/nal

2004-03319
In the Matter of Kenneth Adam Noel W. (Anonymous).
Pius XII Youth and Family Services, et al., respondents;
Tommie W. (Anonymous), appellant.
(Docket No. B-2591/00)

SCHEDULING ORDER

Appeal by Tommie W. from an order of the Family Court, Kings County, dated March 15, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

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

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

Appellate Division: Second Judicial Department

M10594

M/nal

2004-03322
In the Matter of Irene Ymbras, respondent,
v Ronald Ymbras, appellant.
(Docket No. F-1095-01)

SCHEDULING ORDER

Appeal by Ronald Ymbras from an order of the Family Court, Rockland County, dated March 10, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

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

Appellate Division: Second Judicial Department

M10638

A/nal

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2000-09963
The People, etc., respondent,
v Jermaine Archer, appellant.
(Ind. No. 2893/98)

DECISION & ORDER ON MOTION

Motion by the appellant to hold in abeyance an appeal from a judgment of the Supreme Court, Kings County, rendered October 12, 2000, pending hearing and determination of a motion to vacate the judgment of conviction pursuant to CPL article 440.

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

ORDERED that the motion is denied.

H. MILLER, J.P., LUCIANO, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10630

A/nal

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

DANIEL F. LUCIANO

STEPHEN G. CRANE, JJ.

1996-00830
The People, etc., respondent,
v Kevin Daniels, appellant.
(Ind. No. 1285/95)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, rendered January 11, 1996.

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

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

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until June 30, 2004.

ALTMAN, J.P., SMITH, LUCIANO and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10549

PL/nal

ANITA R. FLORIO, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2003-11052
The People, etc., respondent,
v Billy DeJesus, a/k/a/ Jason DeJesus,
appellant.
(Ind. No. 03-0038)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the County Court, Westchester County, rendered November 6, 2003.

Now, on the court's own motion, it is

ORDERED that the appeal pending under Appellate Division Docket No. 2003-11052 is dismissed as a duplicate of the appeal pending under Appellate Division Docket No. 2003-10851.

FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division : Second Judicial Department

M10596

FRED T. SANTUCCI, J.

2004-02182
The People, etc., plaintiff,
Petrix DesRosiers, defendant.
(Ind. No. 3520/00)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated February 9, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

FRED T. SANTUCCI

Associate Justice

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

Appellate Division: Second Judicial Department

M10627

A/nal

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-01966

The People, etc., respondent,
v Timothy Paul Fiorenza, appellant.
(Ind. No. 159/00)

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 pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Suffolk County, rendered November 3, 2000, 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 (see CPL 460.30[1]).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

00-A-6589

Sullivan Correctional Facility

Box 116

Fallsburg, New York 12733

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

Appellate Division : Second Judicial Department

M10587

STEPHEN G. CRANE, J.

2004-02265
The People, etc., plaintiff,
Herman Guerrero, defendant.
(Ind. No. 3053/99)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated January 7, 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

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

Appellate Division: Second Judicial Department

M10657

S/nal

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-08035
The People, etc., respondent,
v Ricardo Molina, appellant.
(Ind. No. 95-0976)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a determination of the County Court, Westchester County, dated August 13, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED that 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, Kings 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.

ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10629

A/nal

ANITA R. FLORIO, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2003-10256
The People, etc., respondent,
v Kim Ragland, appellant.
(Ind. No. 02-00132)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Rockland County, rendered April 1, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the appendix on appeal.

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

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

ORDERED that the Clerk of this Court, or his designee, is directed to subpoena the original papers in the above-entitled case from the Clerk of the County Court, Rockland County.

FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10696

S/nal

2004-00145

The People, etc., appellant,
v Frank Sluszka and Joseph Carnes, respondents.
(Ind. No. 1796/03)

ORDER ON APPLICATION

Application by the respondent Frank Sluszka 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 County Court, Nassau County, dated November 17, 2003.

ORDERED that the application is granted and the time of the respondent Frank Sluszka to serve and file a brief is enlarged until June 1, 2004, and the movant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10363

S/sl

THOMAS A. ADAMS, J.

2003-09836
The People, etc., plaintiff,
v Benjamin Smalls, defendant.
(Ind. No. 1448/98)

DECISION & ORDER ON MOTION

Motion by the defendant, in effect, for leave to reargue his prior application 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, Westchester County, dated August 25, 2003, which was determined by me in a decision and order on application dated January 14, 2004.

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

ORDERED that the motion is denied.

THOMAS A. ADAMS

Associate Justice

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

Appellate Division: Second Judicial Department

M10583

A/nal

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2002-11550
The People, etc., respondent,
v Damon Warren, appellant.
(Ind. No. 159/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file an oversized supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered December 13, 2002.

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

ORDERED that the motion is granted and the oversized supplemental brief submitted to the Clerk of this Court on April 5, 2004, is accepted for filing.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division : Second Judicial Department

M10590

NANCY E. SMITH, J.

2004-00372
The People, etc., plaintiff,
Damien Williams, defendant.
(Ind. No. 213/97)

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 County Court, Dutchess County, dated October 15, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

NANCY E. SMITH

Associate Justice