Appellate Division: Second Judicial Department
M10899
R/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
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2004-01044 Antonio Amato, respondent, v Lord & Taylor, Inc., et al., appellants.
(Index No. 2420/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings, including the trial, in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered January 15, 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 all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10584
O/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
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2003-10941
Sherdan Bethune, respondent, v Allstate Insurance Company, appellant. (Index No. 45214/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike portions of the appellant's brief on an appeal from an order of the Supreme Court, Kings County, dated November 6, 2003, on the ground that they refer to matters dehors the record, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic as the appeal has been withdrawn.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10928
PL/nal
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2003-06648
Janet Chang, appellant, v First American Title Insurance Co. of New York, et al., respondents.
(Index No. 4927/01)
| 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, Queens County, dated May 21, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before May 27, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10927
A/sl
FRED T. SANTUCCI, J.P.
SONDRA MILLER
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2002-10085
Chase Manhattan Mortgage Corp., respondent, v Charles Cobbs, appellant. (Index No. 9876/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated August 16, 2002, which was determined by decision and order of this court dated February 9, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SANTUCCI, J.P., S. MILLER, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10934
S/sl
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-appellant, v Raymond J. Weisse, appellant-respondent. (Index No. 09131/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated April 27, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and cross appeals from three orders of the Supreme Court, Westchester County, dated October 4, 2002, 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 appellant-respondent's appeal from the order dated October 4, 2002, is dismissed, without costs or disbursements, as a prior appeal from that order which had been pending under Appellate Division Docket No. 2002-10591, was withdrawn by the appellant-respondent on March 18, 2003; and it is further,
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeals from the orders dated March 10, 2003, and September 4, 2003, is enlarged until June 21, 2004, and the joint record or appendix on those appeals, including material relating to the respondent-appellant's appeal from the order dated October 4, 2002, and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant's time to perfect her appeal from the order dated October 4, 2002, and her time to perfect her cross appeals from the orders dated March 10, 2003, and September 4, 2003, is enlarged until July 26, 2004, and the respondent-appellant shall serve and file her brief including her points of argument on her cross appeals (see 22 NYCRR 670.8[c][3]), on or before that date.
ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10960
PL/sl
|
2003-09684
Joseph Clark, respondent, v Roseann Clark, appellant.
(Index No. 6467/01)
| 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, Rockland County, dated September 17, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 10, 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
Appellate Division: Second Judicial Department
M10937
S/sl
|
2003-03998, 2003-07342
Maria Czarnik, et al., respondents, v Zbigniew Urban, appellant. (Index No. 1731/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from an order of the Supreme Court, Queens County, dated April 4, 2003, and a judgment of the same court, dated July 1, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until May 10, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10930
J/sl
|
2003-05057
Barbara Hoppmann D'Angelo, appellant, v Ronald D'Angelo, respondent. (Index No. 1738/98)
| 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, Kings County, dated March 31, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 2, 2004, 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
M10953
J/sl
|
2004-02159
Jose F. Garcia, respondent, v Crown Equipment Corporation, appellant, et al., defendants. (Index No. 28642/00)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated January 22, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 2, 2004, 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
M10942
PL/sl
|
2003-10047
Barney Hooks , appellant, v Court Street Medical, P.C., et al., respondents. (Index No. 8326/00)
| 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 a judgment of the Supreme Court, Queens County, dated August 14, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 4, 2004, 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
M9448
S/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2001-04156 Jim Longo, Inc., respondent-appellant, v George Rutigliano, et al., appellants- respondents. (Index No. 7329/94)
| DECISION & ORDER ON MOTION |
Appeal and cross appeal from an order of the Supreme Court, Nassau County, entered April 13, 2001, which were determined by decision and order of this court dated May 28, 2002. By decision and order on motion dated October 21, 2003, this court denied the respondent-appellant's motion for leave to appeal to the Court of Appeals from the decision and order of this court dated May 28, 2002. By order to show cause dated October 24, 2003, counsel for the respective parties were directed to show cause why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against, Albert M. DiMarco, counsel for the respondent-appellant, pursuant to 22 NYCRR 130-1.1 as this court may deem appropriate.
Now, on the court's own motion, and upon the papers submitted in support thereof and in opposition thereto, it is
ORDERED that within 20 days after service upon him of a copy of this decision and order on motion, Alber M. DiMarco, counsel for the respondent-appellant, is directed to pay a sanction in the sum of $1,000 to the Lawyers' Fund for Client Protection (see 22 NYCRR 130-1.1[b]; 130-1.3); and it is further,
ORDERED that the Clerk of the Supreme Court, Nassau County, shall enter judgment accordingly (see 22 NYCRR 130-1.2); and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion upon counsel for the parties by regular mail; and it is further,
ORDERED that within 10 days after payment of the sanction, Albert M. DiMarco shall file proof of such payment with the Clerk of this court.
In his affirmation in support of the motion for leave to appeal to the Court of Appeals, Albert M. DiMarco, counsel for the respondent-appellant, made statements, without any factual basis, which implied misconduct on the part of the appellants-respondents to influence the determination of the panel of justices which determined the appeal and cross appeal. In response to the order to show cause, Albert M. DiMarco failed to set forth any factual basis for the statements he made in his affirmation in support of the motion for leave to appeal to the Court of Appeals. Under the circumstances, a sanction in the amount indicated is warranted pursuant to 22 NYCRR 130-1.1[c][3].
RITTER, J.P., KRAUSMAN, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10903
R/sl
FRED T. SANTUCCI, J.P.
ANITA R. FLORIO
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2004-02958 Stratos Jeffrey Kantounis, appellant, v Debra A. Kantounis, respondent. (Index No. 201077/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated March 5, 2004, inter alia, to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10952
S/sl
|
2003-04843 Lawrence Kaufman, et al., appellants, v Steven C. Kunis, et al., respondents. (Index Nos. 1855/01, 2255/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
ORDERED that the order on application of this court dated April 16, 2004, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:
Application by the appellant Haverstraw Road Lands, Inc., to withdraw its appeal from an order of the Supreme Court, Rockland County, dated April 23, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal by Haverstraw Road Lands, Inc., is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10954
S/sl
|
2003-04843
Lawrence Kaufman, appellant, et al., plaintiff, v Steven C. Kunis, et al., respondents. (Index Nos. 1855/01, 2255/02)
| ORDER ON APPLICATION |
Separate applications by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on an appeal from an order of the Supreme Court, Rockland County, dated April 23, 2003.
ORDERED that the application is granted and the respondents' time to serve and file briefs is enlarged until June 4, 2004, and the respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10894
C/nal
FRED T. SANTUCCI, J.P.
ANITA R. FLORIO
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2004-02709
Jeffery L. Kinzler, etc., respondent, v Peter Kenny, et al., appellants. (Index No. 00153/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Nassau County, entered March 18, 2004, and to stay the entry of any judgment thereon, or, if a judgment has been entered on the order, to stay enforcement of the judgment, pending hearing and determination of the appeal from the order. Cross application by the respondent for costs and disbursements on the motion.
Upon the papers filed in support of the motion and the cross application and the papers filed in opposition thereto, it is,
ORDERED that the motion is granted, and pending hearing and determination of the appeal from the order, enforcement of the order and the entry of any judgment thereon, or, in the event any judgment has already been entered, the enforcement of that judgment, are stayed; and it is further,
ORDERED that the cross application is denied without prejudice to making a formal motion for the same relief (see CPLR 8022).
SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10958
S/sl
|
2003-10203
Ikechukwu Mbamali, plaintiff-respondent, v City of Mount Vernon, defendant-respondent, Gas N Go Corp., et al., appellants. (Index No. 3293/02)
| 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, Westchester County, dated September 25, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 4, 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
Appellate Division: Second Judicial Department
M10906
S/sl
FRED T. SANTUCCI, J.P.
ANITA R. FLORIO
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2003-09883
Stephanie Perell, respondent, v Clifford Krause, appellant. (Index No. 5586/98)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a so-ordered transcript of the Supreme Court, Westchester County, dated October 7, 2003.
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 is dismissed, without costs or disbursements, as the so-ordered transcript was superseded by an order of the same court dated November 12, 2003, an appeal from which is pending under Appellate Division Docket No. 2003-10768; and it is further,
ORDERED that the application to enlarge the time to perfect the appeal from the so- ordered transcript is denied as academic.
SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10781
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ROBERT W. SCHMIDT, JJ.
|
2003-10009
In the Matter of Solomon Abrahams, a suspended attorney. Grievance Committee for the Ninth Judicial District, petitioner; Solomon Abrahams, respondent.
| DECISION & ORDER ON MOTION |
Motion by the Grievance Committee for an order (1) continuing the respondent's interim suspension from the practice of law on the grounds that he has been convicted of a serious crime pursuant to Judiciary Law § 90(4)(d) and 22 NYCRR 691.7(b) and that he is guilty of misconduct immediately threatening the public interest pursuant to 22 NYCRR 691.4(l)(1)(i) and/or (iii) and (2) authorizing the institution and prosecution of a second disciplinary proceeding against the respondent. Cross motion by the respondent, inter alia, for an order vacating his interim suspension from the practice of law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 20, 1950. By decision and order on motion of this court dated October 16, 2002, in a separate proceeding, the respondent was immediately suspended from the practice of law upon his conviction of a serious crime. By opinion and order of this court dated December 29, 2003, he was suspended for a period of five years in that proceeding.
Upon the papers submitted in support of the motion and the cross motion and in opposition and response thereto, it is
ORDERED that the branch of the Grievance Committee's motion which is to continue the respondent's interim suspension from the practice of law is denied as academic; and it is further,
ORDERED that the Grievance Committee for the Ninth Judicial District is hereby authorized to institute and prosecute a second disciplinary proceeding in this court against the respondent based upon the petition dated November 19, 2003; and it is further,
ORDERED that Gary L. Casella, Chief Counsel to the Grievance Committee for the Ninth Judicial District, 399 Knollwood Road, White Plains, N.Y. l0603, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,
ORDERED that within 10 days after service upon him of a copy of this decision and order on motion, the respondent shall serve an answer to the petition 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 the Honorable Jerome M. Becker, a former Judge of the Criminal and Family Courts, 641 Lexington Avenue, 4th Fl., New York, N.Y. 10022, as Special Referee to hear and report; and it is further,
ORDERED that the branch of the cross motion which is to vacate the respondent's interim suspension from the practice of law is denied as academic; and it is further,
ORDERED that the cross motion is otherwise denied.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10777
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ROBERT W. SCHMIDT, JJ.
|
2001-08705
In the Matter of Solomon Abrahams, a suspended attorney. Grievance Committee for the Ninth Judicial District, petitioner; Solomon Abrahams, respondent.
| DECISION & ORDER ON MOTION |
Motion by the respondent for reargument of an opinion and order of this court dated December 29, 2003, which suspended him from the practice of law for a period of five years.
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, upon reargument, the court adheres to its original determination.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10784
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
HOWARD MILLER, JJ.
|
2004-01145
In the Matter of Amin Khalil Hussain-El, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Amin Khalil Hussain-El, respondent.
| DECISION & ORDER ON MOTION |
Motion by the Grievance Committee for the Tenth Judicial District for an order: (1) suspending the respondent from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(ii) and (iii), based upon his professional misconduct immediately threatening the public interest; (2) authorizing it to institute and prosecute a disciplinary proceeding against him based upon the allegations set forth in the petition dated February 10, 2004; and (3) referring the issues raised to a Special Referee to hear and report. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Third Judicial Department on February 22, 1989.
Upon the papers submitted in support of the motion and the papers submitted in response thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(ii) and (iii), the respondent, Amin Khalil Hussain-El, is immediately suspended from the practice of law in the State of New York, pending further order of this court; and it is further,
ORDERED that Amin Khalil Hussain-El 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, Amin Khalil Hussain-El, 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 or 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 Tenth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against Amin Khalil Hussain-El, based upon the petition dated February 10, 2004; and it is further,
ORDERED that Robert P. Guido, Chief Counsel to the Grievance Committee for the Tenth Judicial District, North Shore Atrium II, 6900 Jericho Turnpike, Suite 102LL, Syosset, N.Y. 11791, is hereby appointed as attorney for the petitioner in that proceeding; and it is further,
ORDERED that within 10 days after service upon him of a copy of this decision and order on motion, 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 the Honorable Stanley Harwood, a retired Associate Justice of the Appellate Division, Second Judicial Department, c/o Jaspan Schlesinger Hoffman, 300 Garden City Plaza, Garden City, N.Y. 11530, as Special Referee to hear and report; and it is further,
ORDERED that, if the respondent, Amin Khalil Hussain-El, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent 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 on his substantial admissions under oath and other uncontroverted evidence of professional misconduct.
The respondent was examined under oath by counsel to the Grievance Committee on August 16, 2002, November 6 2002, and October 27, 2003. Based on his admissions under oath and bank records obtained during its investigation, the Grievance Committee found that the respondent failed to preserve funds entrusted to him in connection with four client matters, that he failed to promptly pay or deliver client funds to the client or a third party who is entitled to receive such funds, that he failed to promptly deposit client funds into his IOLA account, and that he failed to maintain and produce required bank and bookkeeping records.
In April 2001, the respondent was retained by Margaret Booker, who was the seller of a parcel of real property located in Riverhead. On April 4, 2001, the purchaser delivered to the respondent a $10,000 downpayment, which was to be held in escrow until the closing or other proper disbursement. The respondent deposited the downpayment into his IOLA account on April 24, 2001. Ms. Booker subsequently discharged the respondent and retained David Besso, Esq., to represent her.
By letter dated January 8, 2002, Mr. Besso requested that the respondent transfer the $10,000 downpayment to him. The respondent admitted that, in January 2002, his IOLA account did not have sufficient funds to transfer the downpayment to Mr. Besso. He also admitted that on February 11, 2002, he issued a check in the amount of $4,500, payable to himself, from his operating account to his IOLA account and that, on February 25, 2002, he sent Mr. Besso an IOLA check in the amount of $10,000, which was paid on March 8, 2002.
The respondent admitted, and the bank statements for his IOLA account confirmed, that he failed to preserve the Booker downpayment. Between April 24, 2001, and March 8, 2002, the balance in his IOLA account fell below $10,000 on six separate occasions. The respondent offered no explanation for the deficiencies.
The respondent failed to preserve funds entrusted to him in connection with three other client matters. During the period in which he represented Ms. Booker, the respondent also represented the sellers of three other parcels of real property. From November 19, 2001, through December 17, 2001, he should have maintained and preserved a balance of at least $49,842 in his IOLA account on behalf of those clients and Ms. Booker. However, bank statements for his IOLA account revealed that the balance in that account fell below $49,842 on seven separate occasions. Moreover, from December 18, 2001, through January 24, 2002, he should have maintained and preserved at least $28,700 in his IOLA on behalf of two of those clients and Ms. Booker, but the balance fell below that amount on five separate occasions.
The respondent failed to promptly deposit client funds into his IOLA account. On May 3, 2001, the respondent received $675 in cash from a client in a bankruptcy matter, and on September 11, 2001, he received $826 in cash from another client in a bankruptcy matter. The funds were to be deposited into his IOLA account to pay the bankruptcy trustee on behalf of the clients. The respondent admitted that he failed to deposit the funds until February 11, 2002.
In response to the Grievance Committee's order to show cause, the respondent admits that he failed to properly maintain his IOLA account and that he used clients' funds, which he later replaced, because the heating system in his home needed replacement, he had problems with the roof and windows, and he had large LIPA bills. In mitigation, he explains that, after September 11, 2001, he suffered economically because clients who owed him money were slow in paying. He asks the court to consider that he is the primary wage earner for his family and that, prior hereto, there have been no complaints against him regarding his misuse of client funds.
In view of the respondent's admissions and other uncontroverted evidence of professional misconduct, the Grievance Committee's motion is granted and the respondent is immediately suspended from the practice of law. Moreover, the Grievance Committee is authorized to institute and prosecute a disciplinary proceeding against him.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10898
S/sl
MYRIAM J. ALTMAN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-02999 In the Matter of Reuben Avent, petitioner, v Kelly, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of mandamus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated May 6, 2003, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated May 6, 2003, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
ALTMAN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10901
R/sl
FRED T. SANTUCCI, J.P.
ANITA R. FLORIO
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2004-03181
In the Matter of Janet Q. Corsetti, respondent, v James Krowiak, appellant.
(Index No. 913/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this court from an order of the Family Court, Nassau County, dated March 3, 2004, and to stay all proceedings in the above-entitled matter pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied as unnecessary, as the order is appealable as of right (see Family Ct Act § 439[e]); and it is further,
ORDERED that the branch of the motion which is to stay all proceedings is denied.
SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10786
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
1999-06121
In the Matter of Judah Dick, a suspended attorney.
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, Judah Dick, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on March 23, 1959. By opinion and order of this court dated February 5, 2001, he was suspended from the practice of law for a period of one year. By decision and order of this court dated November 29, 2001, his first motion for reinstatement was denied. By subsequent decision and order of this court dated December 8, 2003, his second motion for reinstatement was held in abeyance, and the matter was referred to the Committee on Character and Fitness to investigate and report on his current fitness to be an attorney including, but not limited to, the submission of his 1999 income tax return, if filed.
On the court's own motion, it is
ORDERED that the motion is withdrawn upon the death of the respondent on April 14, 2004.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10646
A/nal
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-05108
In the Matter of Angel Domenech, respondent, v Glenn S. Goord, etc., et al., appellants. (Index No. 15671/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent, in effect, for leave to withdraw his pro se brief on an appeal from a judgment of the Supreme Court, Westchester County, dated May 28, 2003, to substitute a brief to be served and filed by his pro bono counsel.
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 granted; and it is further,
ORDERED that the respondent's substituted brief shall be served and filed on or before June 1, 2004; and it is further,
ORDERED that on the court's own motion, the appellants shall serve and file their reply brief, if any, on or before June 11, 2004.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10912
S/sl
FRED T. SANTUCCI, J.P.
ANITA R. FLORIO
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2001-00651 In the Matter of Besthani M. (Anonymous). Child Welfare Administration, Kings County, petitioner-respondent; Pedro M. (Anonymous), appellant; Ana S. (Anonymous), nonparty-respondent. (Docket No. N-08105/98)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Renewed motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated December 14, 2000, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that 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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Michael Hueston, Esq.
26 Court Street - Suite 1815
Brooklyn, New York 11242
(718) 624-9391
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10900
S/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2002-05347 In the Matter of Deborah Mahoney, appellant, v Peter Hefter, respondent. (Docket No. V-1176-01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated April 28, 2004, in the above-entitled matter is amended by deleting from the decretal paragraph thereof the word "respondent", and substituting therefor the word "appellant".
H. MILLER, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10859
C/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2004-02079 In the Matter of Armond McCloud, petitioner, v Charles Hirsch, respondent.
| DECISION & ORDER ON MOTION |
Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).
The allegations of merit contained in the petitioner's affidavit in support of the motion for permission to proceed as a poor person fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10869
S/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-08126 In the Matter of Kevin Smith, petitioner, v Supreme Court, Kings County, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of mandamus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated December 15, 2003, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated December 15, 2003, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10939
A/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2002-11010 In the Matter of Ann Squire, respondent, v George Henschel, appellant. (Index No. 9664/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to appeal to the Court of Appeals from a decision and order of this court, dated December 22, 2003, which determined an appeal from an order of the Supreme Court, Westchester County, entered October 24, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., S. MILLER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10773
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
SONDRA MILLER, JJ.
|
2002-03490
In the Matter of Allen J. Taliuaga, admitted as Alan John Taliuaga, a suspended attorney. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Allen J. Taliuaga, respondent.
| DECISION & ORDER ON MOTION |
By decision and order on motion of this court dated July 12, 2002, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent. By further decision and order on motion of this court dated April 16, 2003, the Grievance Committee's motion to suspend the respondent pursuant to 22 NYCRR 691.13(c) on the ground that the respondent's claim of a disability rendered him unable to proceed with the disciplinary proceeding against him was granted, the respondent was directed to be examined by a qualified medical expert, and the pending disciplinary proceeding was stayed until it was determined that the alleged disability no longer existed. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 8, 1975, under the name Alan John Taliuaga.
Upon the report of the designated medical expert, it is
ORDERED that on the court's own motion, the suspension pursuant to 22 NYCRR 691.13(c) imposed in this court's decision and order on motion dated April 16, 2003, is vacated; and it is further,
ORDERED that the respondent is reinstated to the practice of law; and it is further,
ORDERED that the parties are directed to proceed with the previously authorized disciplinary proceeding.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and S. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10902
S/sl
DAVID S. RITTER, J.P.
MYRIAM J. ALTMAN
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE, JJ.
|
2003-02096 In the Matter of DeAndre Williams, a/k/a David Williams, petitioner,v Westchester County Court, et al., respondents.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of mandamus. Motion by the respondents to dismiss the proceeding. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated May 13, 2003, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed, and the motion to dismiss the proceeding was held in abeyance in the interim. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated May 13, 2003, it is
ORDERED that the proceeding is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion to dismiss the proceeding is denied as academic.
RITTER, J.P., ALTMAN, KRAUSMAN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10891
S/sl
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-05636 In the Matter of Ricky Yames, petitioner, v Charles S. Greiner, etc., respondent.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of mandamus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated August 23, 2002, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated August 23, 2002, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
PRUDENTI, P.J., SANTUCCI, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10707
F/
SANDRA L. TOWNES, J.
|
2004-02503 The People, etc., plaintiff, v Anthony Bennett, defendant. (Ind. No. 289/84)
| 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 11, 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.
SANDRA L. TOWNES
Associate Justice
Appellate Division: Second Judicial Department
M10642
A/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2002-05245 The People, etc., respondent, v Kenneth Burdge, appellant. (Ind. No. 1820/01)
| 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, Suffolk County, rendered May 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 denied, without prejudice to the appellant seeking leave to file a supplemental brief once assigned counsel files a brief; and it is further,
ORDERED that assigned counsel shall perfect the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
02 A 2887
Downstate Correctional Facility
P.O. Box 445
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M10933
A/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
SONDRA MILLER
STEPHEN G. CRANE, JJ.
|
2001-01266 The People, etc., respondent, v Winston Campbell, appellant. (Ind. No. 695/00)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered February 7, 2001, for leave to file a pro se motion to hold the appeal in abeyance.
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., SMITH, S. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
01-A-1110
Sing Sing Correctional Facility
354 Hunter Street
Ossining, New York 10562
Supreme Court of the State of New York
Appellate Division: Second Judicial Department
M10938
A/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
SONDRA MILLER
REINALDO E. RIVERA, JJ.
|
2002-07071, 2002-07072 The People, etc., respondent, v Mark J. D'Amico, appellant. (Ind. Nos. 1211/02, 1269/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue appeals from two sentences of the County Court, Suffolk County, both imposed July 17, 2002, which were determined by decision and order of this court dated November 10, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., RITTER, S. MILLER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10752
F/
NANCY E. SMITH, J.P.
HOWARD MILLER
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
|
2004-02050
The People, etc., respondent, v Charles Gerena, appellant. (Ind. No. 3017-83)
| 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 appellant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered October 29, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is 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 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 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 in 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 or her 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.
SMITH, J.P., H. MILLER, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
406 South George Street
Rome, New York 13440
Appellate Division: Second Judicial Department
M10935
A/sl
NANCY E. SMITH, J.P.
HOWARD MILLER
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
|
2002-05530
The People, etc., respondent, v Jose Gonzalez, appellant.
(Ind. No. 01-00669)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered April 25, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before June 22, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
SMITH, J.P., H. MILLER, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10749
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2004-02523 The People, etc., plaintiff, v Andre Kirby, defendant. (Ind. No. 5282/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered December 18, 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 the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Kings County, rendered December 18, 2003.
ALTMAN, J.P., GOLDSTEIN, ADAMS, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10475
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2001-05785, 2004-01734 The People, etc., respondent, v Tresa McPherson, appellant. (Ind. No. 1490/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate an appeal from a judgment of the Supreme Court, Kings County, rendered June 26, 2001, with an appeal from an order of the same court dated January 12, 2004, and for leave to prosecute the appeal from the order as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated January 12, 2004, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal from the order:
Lynn W. L. Fahey
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
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 hearings held in connection with the January 12, 2004, order, except for those minutes previously transcribed and certified (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 set forth above to the appellant's counsel, without charge (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 the branch of the motion which is to consolidate the appeal from the order with the appeal from the judgment is granted to the extent that the appeals shall be calendared together and argued or submitted on the same day, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the appellant's time to perfect the appeal from the order is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
ALTMAN, J.P., S. MILLER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
99-A-6894
Elmira Correctional Facility
P.O. Box 500
Elmira, New York 14902-0500
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10361
S/sl
DAVID S. RITTER, J.
|
2004-01734 The People, etc., respondent, v Tresa McPherson, appellant.
(Ind. No. 1490/00)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated January 12, 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 granted; the defendant is granted leave to appeal from the order of the Supreme Court, Kings County, dated January 12, 2004, made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
DAVID S. RITTER
Associate Justice
Appellate Division: Second Judicial Department
M10683
F/
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
1995-02113 The People, etc., respondent, v Lawrence Meyers, appellant. (Ind. No. 5000/94)
| 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, Kings County, rendered January 30, 1995.
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]).
SANTUCCI, J.P., TOWNES, CRANE, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10680
F/
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
1995-06724 The People, etc., respondent, v Jose Ramos, appellant. (Ind. No. 8347/94)
| 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, Kings County, rendered June 20,1995.
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]).
SANTUCCI, J.P., TOWNES, CRANE, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10681
F/
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
1995-04862 The People, etc., respondent, v Emmanuel Rice, appellant. (Ind. No. 4231/94)
| 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, Kings County, rendered May 12,1995.
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]).
SANTUCCI, J.P., TOWNES, CRANE, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10682
F/
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
1995-00669 The People, etc., respondent, v Julio Roman, appellant. (Ind. No. 616/94)
| 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, Kings County, rendered January 3, 1995.
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]).
SANTUCCI, J.P., TOWNES, CRANE, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10748
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2002-04646 The People , etc., respondent, DECISION & ORDER v Dean Sandy, appellant. (Ind. No. 8326/00)
| ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered May 14, 2002, 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.
ALTMAN, J.P., GOLDSTEIN, ADAMS, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
02 A 2993
Bare Hill Corr. Fac.
Box 20
Malone, New York 12953
Appellate Division: Second Judicial Department
M10936
A/sl
FRED T. SANTUCCI, J.P.
ANITA R. FLORIO
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2002-04792 The People, etc., respondent, v Raymond Tillman, appellant. (Ind. No. 2442/01)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel for the appellant to be relieved of his assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered December 18, 2002. By order to show cause dated March 30, 2004, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal in the above-entitled action as abandoned by filing an affidavit on that issue with the Clerk of this court on or before April 23, 2004.
Upon the papers filed in support of the motion and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed as abandoned (see 22 NYCRR 670.8[e][1], 670.12[a]); and it is further,
ORDERED that the motion by assigned counsel to be relieved is granted.
SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10709
F/
SANDRA L. TOWNES, J.
|
2004-02085 The People, etc., plaintiff, v Curtis Tucker, a/k/a Andre Mack, defendant. (Ind. No. 11196/88)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated February 18, 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.
SANDRA L. TOWNES
Associate Justice
Appellate Division: Second Judicial Department
M10889
S/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-10562 The People, etc., ex rel. Alfonso Springer, petitioner, v Michael Griambruno, etc., respondent.
| DECISION & ORDER ON MOTION |
Proceeding in the nature of an application for a writ of habeas corpus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated December 26, 2003, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated December 26, 2003, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court