Appellate Division: Second Judicial Department

M24611

S/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2005-03888 Marilyn Arons, appellant, v Barbara MacKey, et al., respondents. (Index No. 1011/03)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from a decision of the Supreme Court, Dutchess County, dated March 21, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).

H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24644

L/

2005-02198 Moshe Atedgi, appellant, v Lois Carbonaro, et al., respondents. (Index No. 29372/02)

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 January 20, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M24613

S/sl

2004-09715 Fira Babickaia, respondent, v Zhanna Kanevsky, appellant, et al., defendants. (Index No. 1201/02)

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 21, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 30, 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

M24645

L/

2004-08829 Kenneth L. Bove, appellant, v Sherri L. Kaplan, respondent. (Index No. 6436/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 22, 2002.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M24637

S/sl

2004-10050 Jessica Buchelly, etc., et al., plaintiffs- respondents, v 82-10 Baxter Ave. Food Corp., d/b/a Associated Supermarket, et al., defendants third-party plaintiffs-appellants; Alvaro Buchelly, et al., third-party defendants-respondents. (Index No. 21958/02)

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 16, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 27, 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

M24598

S/sl

2004-10129 Madeline Burr, appellant, v Town of Hempstead, et al., respondents. (Index No. 5723/01)

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, Nassau County, dated September 29, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 7, 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

M24581

S/sl

2004-10123 Michael Cavota, appellant, v Perini Corporation, et al., defendants, Keystone Construction Corp., respondent. (Index No. 10797/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 7, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 11, 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

M24586

S/sl

2004-04489 George Coakley, etc., appellant, v Parkway Hospital, defendant third-party plaintiff-respondent, Michael Reich, et al., defendants-respondents; Peter Gottlieb, etc., et al., third-party defendants-respondents. (Index No. 28139/97)

ORDER ON APPLICATION

Application by the respondents Mayur C. Patel and Patel, Silverman & Bertrand, P.C., 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, Kings County, entered April 13, 2004.

ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until June 13, 2005, and the movants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24633

S/sl

2004-08176 Congregation Atzei Chaim, respondent-appellant, v 26 Adar N.B. Corp., et al., appellants-respondents, Beth Feige, Inc., et al., respondents. (Index No. 47047/96)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief from an order of the Supreme Court, Kings County, dated July 13, 2004.

ORDERED that the application is granted; 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, on or before May 16, 2005 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24635

S/sl

2004-09034 Laurie Lyke D'Ambrosio, appellant, v Philip D'Ambrosio, respondent. (Index No. 202328/03)

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 13, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 10, 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

M24638

L/

2005-01919 Douglas A. Diuglio, respondent, v Milea Hudson Valley Truck Center Corp., et al., appellants. (Index No.11706/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 3, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M24636

S/sl

2004-09752 Elliott-Williams Co., Inc., appellant, v Impromptu Gourmet, Inc., et al., defendants, SUGA Development, LLC., respondent. (Index No. 4669/02)

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, Rockland County, dated September 29, 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

M24587

S/sl

2004-09646 Essex Insurance Company, respondent, v Gurdyal Singh, et al., appellants, et al., defendant. (Index No. 4664/03)

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, Queens County, dated September 17, 2004.

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

M24600

PL/sl

2004-10008 Terrence Farrelly, et al., appellants, v Consolidated Truck Leasing Corporation, et al., respondents. (Index No. 25108/01)

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, Kings County, dated October 18, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 29, 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

M24647

L/

2004-10899 Hyman Fishoff, et al., appellants, v Barhite & Holzinger, Inc., et al., respondents. (Index No. 8706/04)

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 October 25, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M24590

S/sl

2004-10446 Forest Hills Garden Corporation, appellant-respondent, v West Side Tennis Club, respondent-appellant. (Index No. 26304/01)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal and cross-appeal from an order of the Supreme Court, Queens County, dated October 26, 2004.

ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24593

C/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-05636 Gregory Gentile, et al., appellants, v Robert Pergament Trust, et al., respondents. (Index No. 31068/95)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated September 11, 2003, without the trial exhibits admitted into evidence at the trial, 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 branch of the motion which is for leave to perfect the appeal without the trial exhibits admitted into evidence at trial is granted to the extent that the appellants may perfect the appeal without the plaintiffs' trial exhibits and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted to the extent that the appellants' time to perfect the appeal is enlarged until June 17, 2005, and that branch of the motion is otherwise denied.

H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24650

L/

2004-09557 Olivia Hodges, appellant, v City of New York, respondent. (Index No. 45329/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 15, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M24599

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-08235 Leslie Kahan, plaintiff-respondent, v Ilya Sulaymanov, et al., defendants third-party plaintiffs-appellants, Jacob Moskowitz, defendant- respondent, et al., defendants; Barry Markovitz, third-party defendant, Henry Kohn, et al., third-party defendants-respondents. (Index No. 14902/89)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated February 19, 2004. Separate motion by the defendant-respondent Jacob Moskowitz, inter alia, to dismiss the appeal or, alternatively, to enlarge the time to serve and file a brief. Application by the defendant-respondent Henry Kohn to enlarge the time to serve and file a brief.

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

ORDERED that the motion by the plaintiff-respondent is granted, the plaintiff-respondent's time to serve and file a brief is enlarged until May 31, 2005, and the plaintiff-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that branch of the motion by the defendant-respondent Jacob Moskowitz to enlarge the time to serve and file a brief is granted, the time of the defendant-respondent Jacob Moskowitz to serve and file a brief is enlarged until May 31, 2005, and the brief of the defendant-respondent Jacob Moskowitz must be served and filed on or before that date; and it is further,

ORDERED that the motion by the defendant-respondent Jacob Moskowitz is otherwise denied; and it is further,

ORDERED that the application by the third-party defendant-respondent Henry Kohn is granted, the time of the third-party defendant-respondent Henry Kohn to serve and file a brief is enlarged until May 31, 2005, and the brief of the third-party defendant-respondent Henry Kohn must be served and filed on or before that date.

H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24630

L/

2004-09031 Jonathan Lewis, appellant, v South Nassau Communities Hospital, et al., respondents. (Index No. 10668/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 2, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M24639

L/

2004-07778 Anthony Manzo, respondent-appellant, v Maria Manzo, appellant-respondent. (Index No. 6037/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellant-respondent and the respondent-appellant to withdraw an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated July 26, 2004.

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

ORDERED that the applications are granted and the appeal and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24649

L/

2005-00622 Michael McKeon, et al., respondents, v Consolidated Edison Company of New York, Inc., et al., defendants, Slattery Skanska, Inc., et al., appellants. (Index No. 5033/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Queens County, dated December 9, 2004.

Upon the papers filed in support of the applications and no papers having been filed in opposition or 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

M24634

L/

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

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant New York City Transit Authority to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 22, 2004.

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

ORDERED that the application is granted and the appeal by New York City Transit Authority is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24640

L/

2004-11270 Elizabeth Munser, appellant, v Robert Munser, et al., respondents. (Index No. 15125/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 26, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M24595

C/sl

BARRY A. COZIER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2003-11030, 2003-11031, 2004-08741 NC Venture I, L.P., appellant, v Complete Analysis, Inc., et al., defendants, Joseph E. Fiegoli, et al., respondents (and a third-party action). (Action No. 1) (Index No. 6981/02) NC Venture I, L.P., appellant, v Complete Analysis, Inc., et al., respondents. (Action No. 2) (Index No. 7179/04)

DECISION & ORDER ON MOTION

Motion by the appellant in Action Nos. 1 and 2 to consolidate appeals from three orders of the Supreme Court, Westchester County, entered October 23, 2002, October 31, 2003, and August 25, 2004, respectively.

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

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

ORDERED that on the court's own motion, the appeals shall be calendared together, and shall be argued or submitted on the same day.

COZIER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24641

L/

2005-01065 Maya Obgaidze, et al., appellants, v Terence Ng, et al., respondents. (Index No. 49219/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 10, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M24642

L/

2004-10884 John Passanante, respondent, v Hamlet On Olde Bay Development Corporation, et al., appellants. (and third and fourth party actions) (Index No. 3523/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant AFG Contracting, Inc. to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 18, 2004.

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

ORDERED that the application is granted and the appeal by AFG Contracting, Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24648

L/

2004-10859 Stephen Posovsky, appellant, v Incorporated Village of Lawrence, et al., respondents. (Index No. 17964/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated November 5, 2004.

Upon the stipulation of the parties, dated April 20, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24589

S/sl

2004-07993 Irene Piscopo Rodgers, respondent, v Rita Piscopo, appellant. (Index No. 14105/03)

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, entered August 4, 2004.

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

M24610

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-11197 Starrett Seafood Market, Inc., appellant, v Starrett City, Inc., respondent. (Index No. 27160/04)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of the Supreme Court, Kings County, dated October 29, 2004. By decision and order on motion dated February 14, 2005, we granted the appellant's motion for injunctive relief on condition, among other things, that it perfect the appeal on or before March 17, 2005. The appeal has not been perfected.

On the court's own motion, it is

ORDERED that the injunctive relief granted by the decision and order on motion dated February 14, 2005, is vacated forthwith.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24646

L/

2004-09839 Stewart Title Insurance Company, respondent, v Antoinette Chapa, et al., defendants, 145 Larchmont Real Estate Corp., appellant. (Index No. 12553/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 1, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M24627

L/

2004-06483 Elizabeth Taylor, a/k/a Elizabeth Ellington, et al., plaintiffs, v Andraj Seepersaud, et al., respondents, Chicago Corp., appellant. (Index No. 25073/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme of the Supreme Court, Queens County, dated June 7, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M24578

S/sl

2004-10047 Constantine Tsatsakis , respondent, v Booth Memorial Medical Center, etc., et al., appellants. (Index No. 17413/88)

ORDER ON APPLICATION

Applications by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Queens County, entered October 26, 2004.

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

ORDERED that the appellants' time to perfect the appeals is enlarged until July 25, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants' respective briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24629

L/

2004-10199 Noel Vazquez, respondent, v 8315 4th Avenue Corporation, appellant. (Index No. 13284/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 12, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M24608

S/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-06091 In the Matter of Anonymous, appellant, v Anonymous, respondent. (Docket No. O-24489-02)

DECISION & ORDER ON MOTION

Application by the appellant to make the caption of the above-entitled appeal anonymous.

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

ORDERED that the application is granted and the caption is amended accordingly.

KRAUSMAN, J.P., MASTRO, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24591

C/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-09208 In the Matter of Pina Colapinto, appellant, v Martin Heinfling, respondent. (Docket No. F-05939-04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Family Court, Nassau County, dated August 24, 2004.

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

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

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until June 17, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

ADAMS, J.P., SANTUCCI, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24543

S/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2005-03349, 2005-03531 In the Matter of Independence Party State Committee of the State of New York, et al., petitioners-respondents, v Carol Berman, et al., respondents, Frank MacKay, etc., et al., appellants. (Proceeding No. 1) (Index No. 13100/04) In the Matter of Nassau County Independence Party Interim County Committee, et al., respondents, v James S. Peragine, etc., et al., appellants. (Proceeding No. 2) (Index No. 13451/04) In the Matter of Alexander L. Katagas, et al., petitioners-respondents, v Carol Berman, etc., et al., respondents, Independence Party County Committee of Nassau County, etc., et al., appellants. (Proceeding No. 3) (Index No. 13895/04) In the Matter of James L. Kapsis, etc., et al., petitioners-respondents, v Carol Berman, etc., et al., respondents, Independence Party County Committee of Nassau County, etc., et al., appellants. (Proceeding No. 4) (Index No. 014253/04)

DECISION & ORDER ON MOTION

Motion by the appellants in all four proceedings to stay all proceedings in the above-entitled matters pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, dated January 19, 2005, and February 16, 2005, respectively, and to consolidate the appeals.

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 for a stay is granted and all proceedings in the above-entitled matters are stayed pending hearing and determination of the appeals on condition that the appeals are perfected by May 16, 2005; and it is further,

ORDERED that in the event the appeals are not perfected by May 16, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay on three days notice; and it is further,

ORDERED that the respondents brief shall be served and filed on or before June 1, 2005, and the reply brief, if any, shall be serve and filed on or before June 10, 2005; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c]).

H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24631

L/

2004-07984 In the Matter of Liu M. (Anonymous), appellant. (Docket No. D-6255/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated August 10, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M24618

L/

2004-10089, 2004-10091 In the Matter of Marcus M. (Anonymous), appellant. (Docket No. E-4186/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from two orders of the Family Court, Richmond County, dated November 5, 2004, and October 19, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M24518

C/sl

BARRY A. COZIER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-08990, 2004-08991 In the Matter of Jo Ann Monticciolo, respondent, v Alfred Saracco, appellant. (Docket No. F-1125-98)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for leave to withdraw appeals from two orders of the Family Court, Richmond County, both dated September 14, 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 appeals are deemed withdrawn, without costs or disbursements.

COZIER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24515

C/sl

BARRY A. COZIER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-06657, 2005-03975 In the Matter of Ardelia R. (Anonymous), appellant; New York City Health and Hospital Corporation - Elmhurst Hospital, respondent; Raymond Miles, appellant. (Index No. 7535/04)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered June 28, 2004, and to consolidate the appeal with an appeal from an order of the same court dated March 14, 2005.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order entered June 28, 2004, is granted; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until June 17, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time to perfect the appeal from the order entered June 28, 2004, shall be granted; and it is further,

 ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]).

COZIER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24632

L/

2005-02582 In the Matter of Bilma Vignolesi, petitioner- respondent, v John Meehan, appellant, et al., respondent. (Docket No. V-4458/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Orange County, dated February 16, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M24558

F/

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2005-02795 The People, etc., plaintiff, v Eric Q. Alexander, defendant. (Ind. No. 03-00315)

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, Rockland County, rendered April 14, 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.

H. MILLER, J.P., RITTER, GOLDSTEIN, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 2157

Orleans Corr. Fac.

3531 Gaines Basin Blvd.

Albion, New York 14411

Appellate Division: Second Judicial Department

M24567

F/

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2005-01316 The People, etc., respondent, v Juan Basagoitia, appellant. (Ind. No. 1318/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered January 26, 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) 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., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24575

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-02593 The People, etc., respondent, v Travis Bibbs, appellant. (Ind. No. 2698/03)

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 an appeal from a judgment of the County Court, Nassau County, rendered February 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 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:

Joseph DeFelice, Esq.

125-10 Queens Blvd. - Suite 302

Kew Gardens, New York 11415

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

M24563

F/

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2001-10512 The People, etc., respondent, v Trevor Bridle, appellant. (S.C.I. No. 98-00115)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a determination of the Supreme Court, Westchester County, dated October 12, 2001.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[e].

H. MILLER, J.P., RITTER, GOLDSTEIN, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24562

F/

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2001-09799, 2001-10515 The People, etc., respondent, v Curtis Brown, appellant. (Ind. Nos. 00-01302, 01-00208)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned appeals from two judgments of the Supreme Court, Westchester County, both rendered October 11, 2001.

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

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

H. MILLER, J.P., RITTER, GOLDSTEIN, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24560

F/

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2005-00402 The People, etc., respondent, v Michael Cruz, appellant. (Ind. No. 03-01299)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Westchester County, rendered December 9, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on March 10, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

Helene M. Greenberg, Esq.

45 Knollwood Road - 5th Floor

Elmsford, New York 10523

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

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

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

John R. Lewis, Esq.

36 Hemlock Drive

Sleepy Hollow, New York 10591

and it is further,

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

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.

H. MILLER, J.P., RITTER, GOLDSTEIN, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 6806

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Appellate Division: Second Judicial Department

M24564

F/

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

1999-06797 The People, etc., respondent, v John Daly, appellant. (Ind. No. 98-01210)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered July 6, 1999.

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

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

H. MILLER, J.P., RITTER, GOLDSTEIN, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24576

F/

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-02513 The People, etc., respondent, v Rahmell Daniel, appellant. (Ind. No. 385/03)

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 an appeal from a judgment of the Supreme Court, Nassau County, rendered March 7, 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:

Raymond E. Kerno, Esq.

1527 Franklin Avenue

Mineola, New York 11501

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.

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

M24561

F/

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2003-00119 The People, etc., respondent, DECISION & ORDER v LePerry Fore, appellant. (Ind. No. 176/02)

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, Nassau County, rendered December 11, 2002, and for assignment of new 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.

H. MILLER, J.P., RITTER, GOLDSTEIN, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24528

F/

BARRY A. COZIER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-04891 The People, etc., respondent, v Gerald L. Fryar, appellant. (Ind. No. 123/03)

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, Dutchess County, rendered May 19, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

COZIER, J.P., LUCIANO, CRANE, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 A 2986

Five Points Corr. Fac.

Box 400

Romulus, New York 14541

Appellate Division: Second Judicial Department

M24574

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-09251 The People, etc., respondent, v Leroy Huggins, appellant. (Ind. No. 04-00036)

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 Supreme Court, Westchester County, rendered October 7, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that 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:

Abraham Mayers, Esq.

976 McLean Avenue - Suite 382

Yonkers, New York 10704

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:

91 B 0572

Five Points Corr. Fac.

State Route 96, Box 119

Romulus, New York 14541

Appellate Division: Second Judicial Department

M24566

F/

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2005-02794 The People, etc., respondent, v Amede Irizarry, appellant. (Ind. No. 04-00337)

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 County Court, Westchester County, rendered February 3, 2005, and for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition 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 the amount and source of counsel fees paid to retained counsel.

H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24571

F/

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2003-05792 The People, etc., respondent, v Olsen Key, appellant. (Ind. No. 1755/02)

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, Nassau County, rendered May 28, 2003, and for assignment of new 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.

H. MILLER, J.P., RITTER, GOLDSTEIN, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24530

F/

BARRY A. COZIER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2005-02902 The People, etc., plaintiff, v Joseph Leiter, defendant. (Ind. No. 04-00107)

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 County Court, Rockland County, rendered May 24, 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.

COZIER, J.P., LUCIANO, CRANE, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 2980

Auburn Corr. Fac.

135 State Street - Box 618

Auburn, New York 13021

Appellate Division: Second Judicial Department

M24565

F/

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2001-04486 The People, etc., respondent, v George McCrory, appellant. (Ind. No. 99-01316)

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 19, 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., RITTER, GOLDSTEIN, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22314

F/

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-04441 The People, etc., respondent, v George McGuire, appellant. (Ind. No. 4477/89)

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 an order of the Supreme Court, Kings County, dated March 22, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that 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:

Laura Solinger, Esq.

P.O. Box 256

Cutchogue, New York 11935

and it is further,

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

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

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

COZIER, J.P., RITTER, SPOLZINO, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

90 T 4423

Sullivan Corr. Fac.

Box 116

Fallsburg, New York 12733

Appellate Division: Second Judicial Department

M24531

F/

BARRY A. COZIER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2005-02233 The People, etc., plaintiff, v Dane Morris, defendant. (Ind. No. 5443/03)

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 May 18, 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.

COZIER, J.P., LUCIANO, CRANE, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24643

S/sl

2003-08171 The People, etc., respondent, v Frank Morton, appellant. (Index No. 4227/02)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 10, 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

M24169

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-01832 The People, etc., respondent, v Harry P. Murphy, appellant. (Ind. No. 87-00137)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a determination of the Supreme Court, Rockland County, dated January 11, 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, Rockland 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

M24529

F/

BARRY A. COZIER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-04020 The People, etc., respondent, v Jorge Nolasco, appellant. (Ind. No. 1401/03)

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, Nassau County, rendered April 21, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

COZIER, J.P., LUCIANO, CRANE, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 R 1831

Marcy Corr. Fac.

Box 3600

Marcy, New York 13403

Appellate Division: Second Judicial Department

M24557

F/

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2005-02586 The People, etc., plaintiff, v Verol O'Garro, defendant. (Ind. No. 847/01)

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, 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 opposition thereto, it is

ORDERED that the motion is denied.

H. MILLER, J.P., RITTER, GOLDSTEIN, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 R 1593

Mohawk Corr. Fac.

Box 8450

Rome, New York 13442

Appellate Division: Second Judicial Department

M23888

F/

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2003-05715 The People, etc., respondent, v Dwayne Reed, appellant. (Ind. No. 02-00470)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Westchester County, rendered July 8, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on September 12, 2003, and March 4, 2005, respectively, and the following named attorney was assigned as counsel to prosecute the appeal:

Anne Gilleece, Esq.

399 Knollwood Road - Suite 207

White Plains, New York 10603

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

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

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

Roger Kraminitz, Esq.

17 Hillside Avenue

Croton-on-Hudson, New York 10520

and it is further,

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

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 3901

Upstate Corr. Fac.

Box 2001

Malone, New York 12953

Appellate Division: Second Judicial Department

M24577

F/

BARRY A. COZIER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2002-10354 The People, etc., respondent, v Dixon Santiago, appellant. (Ind. No. 02-00193)

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 November 4, 2002, as a poor person, and for the assignment of counsel, and motion by the respondent to dismiss the appeal as abandoned.

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

ORDERED that the motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel 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 the motion by the respondent to dismiss the appeal as abandoned is denied; and it is further,

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

COZIER, J.P., LUCIANO, CRANE, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

02 A 6354

Marcy Corr. Fac.

Box 3600

Marcy, New York 13403

Appellate Division: Second Judicial Department

M24570

F/

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-06707 The People, etc., respondent, v Christopher Sepulveda, appellant. (Ind. No. 03-00789)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered July 6, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that 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:

Douglas T. Martino, Esq.

22 W. First Street - Suite 306

Mount Vernon, New York 10550

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., RITTER, GOLDSTEIN, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 3876

Upstate Corr. Fac.

Box 2001

Malone, New York 12953

Appellate Division: Second Judicial Department

M24559

F/

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2005-02470 The People, etc., plaintiff, v John Smith, defendant. (Ind. No. 1401-04)

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, Suffolk County, rendered January 18, 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.

H. MILLER, J.P., RITTER, GOLDSTEIN, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 0534

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M24569

F/

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2005-01831 The People, etc., respondent, v Widmark Toussaint, appellant. (Ind. No. 1655-04)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered February 15, 2005, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in 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.

H. MILLER, J.P., RITTER, GOLDSTEIN, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 R 0791

Lakeview Shock Incarceration Corr. Fac.

P. O. Box T

Brocton, New York 14716

Appellate Division : Second Judicial Department

M24431

F/

WILLIAM F. MASTRO, J.

2005-02272 The People, etc., plaintiff, v Jose Velez, defendant. (Ind. No. 1195/92)

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 26, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

WILLIAM F. MASTRO

Associate Justice

Appellate Division: Second Judicial Department

M24572

F/

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2003-05978 The People, etc., respondent, v Andrew Zeigler, Jr., appellant. (Ind. No. 2748-02)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, rendered July 1, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on May 4, 2004, and the following named attorney was 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

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

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

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

William R. Weiselberg, Esq.

196 Stanley Drive

Centereach, New York 11729

and it is further,

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

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.

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