05-04-2004_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR MAY 4, 2004

TITLE	Case Number
Betancourt v State of New York	2004-01028
Cafagno v Martin	2003-07721
Caplan v Tofel	2003-10265
Cappelli Enterprises, Inc. v F&J Continental	2003-09898
Castellotti v Castellotti	2003-09948
Faruqi v Faruqi	2003-07619
Garcia v Thompson	2004-02695
Gray v National Wholesale Liquidators	2003-10789
J. Sackaris & Sons, Inc. v Terra Firma Constr	2003-04876 + 1
Kallon v Lamaute	2003-04252
Kardas v Union Carbide Corporation	2004-03091
Kingston v Brookdale Hospital and Medical Cen	2002-08516
Leichtner v Leichtner	2003-09771
Modica Associates of N.Y. 122, LLC v Town of	2003-05869
Moon Ok Kwon v Martin	2003-08533
Perez v State of New York	2004-02052
Perino v City of New York	2003-06775
Reliance Insurance Company of New York v Info	2003-01833
Total Energy Corp. v Total Energy Services Co	2004-02844
Mtr of Bedford Gardens Company v Berkowitz	2004-01553
Mtr of Hinspeter v Leventhal	2004-00816
Mtr of Joyner v Joyner	2004-01923
Mtr of Linksman v Linksman	2004-02774
Mtr of Mahler v Black Box Corporation	2003-08837
Mtr of Mazzilli v Mazzilli	2004-03107
Mtr of Mohammad v Mohammad	2004-01828
Mtr of Murray v Suffolk County Department of	2003-10838
Mtr of Tenace v Fishkill Correctional Facility	2004-01446
Peo v Benjamin, Dexter	2004-02541
Peo v Blackmon, Anthony	2001-10694
Peo v Bullis, Eric J.	2003-10280
Peo v Chandless, Ralph W.	2003-09340
Peo v Cooper, Antoine	2003-08437
Peo v Deale, David	2004-02584
Peo v Finkelstein, Steven	2003-02462
Peo v Garcia, Joseph	2003-08084
Peo v Garing, Stephen M.	2004-01996
Peo v Howell, Jerome	2000-06288
Peo v Jones, Samantha a/k/a Stalter	2003-07867
Peo v Jordan, Michael	2004-02587
Peo v Kelly, Roy	2004-02586
Peo v Lewis, Raymond	1999-03520
Peo v Napolitano, John	2002-05493
Peo v Ramos, Luis	2002-08506
Peo v Redmond, David	2003-10643
Peo v Sadler, Raymond	2004-02284
Peo v Schrader, Eric	2003-07357
Peo v Skinner, Terry	1995-06729
Peo v Smith, Troy	2002-10359 + 1
Peo v Snype, Eric A.	2003-11214
Peo v Stephens, Todd	2002-02868
Peo v Summers, Clarence	1995-05782
Peo v Walker, Richard	2003-05502
Peo v Washington, Marlon	2001-11048
Peo v Watson, Leonard	2004-00223
Peo v Wiggans, Janeek	1995-04023
Peo v Zeigler, Andrew Jr.	2003-05978

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

Appellate Division: Second Judicial Department

M10924

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER,

GLORIA GOLDSTEIN, JJ.

2004-01028
Eddie Betancourt, appellant,
v State of New York, respondent.

(Claim No.104578)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Court of Claims, dated January 14, 2004, as a poor person and for the assignment of counsel.

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

ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that those branches of the motion which are for a copy of the transcript without charge and to waive payment of the filing fee are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10951

J/sl

2003-07721

Nicholas Cafagno, etc., et al., appellants,
v John Martin, respondent, et al., defendant.

(Index No. 3822/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered August 5, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 25, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10948

J/sl

2003-10265

David R. Caplan, appellant,
v Lawrence E. Tofel, et al., respondents.
(Index No. 1726/03)

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, Dutchess County, dated November 3, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 19, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10961

S/sl

2003-09898

Cappelli Enterprises, Inc., appellant, v
F&J Continental Food Corp., et al., respondents.
(Index No. 8244/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated October 1, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 2, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10947

J/sl

2003-09948
Peter Castellotti, appellant,
v Rea Castellotti, respondent.
(Index No. 5403/03)

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, Richmond County, dated October 3, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 29, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10949

J/sl

2003-07619

Pervez Zafar Faruqi, appellant-respondent,
v Fareeha Faruqi, respondent-appellant.
(Index No. 28978/99)

ORDER ON APPLICATION

Application by the appellant-respondent on an appeal and cross appeal from a judgment of the Supreme Court, Kings County, dated June 23, 2003, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until June 25, 2004, and the joint record or joint appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10984

R/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-02695
Deanna Garcia, appellant,
v Robert Thompson, et al., respondents.

(Index No. 12964/01)

DECISION & ORDER ON MOTION

Motion by the appellant 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, Nassau County, dated March 10, 2004.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10959

S/sl

2003-10789

Alice Gray, appellant, v National Wholesale
Liquidators, respondent.
(Index No. 2018/02)

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, Queens County, dated October 20, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 26, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10955

M/nal

2003-04876, 2003-09387

J. Sackaris & Sons, Inc., respondent-appellant, v
Terra Firma Construction Management & General
Contracting, LLC, defendant third-party plaintiff-
appellant-respondent, United States Fidelity and
Guaranty Company, a/k/a St. Paul Fire and Marine
Insurance Company, defendant-appellant-respondent,
et al., defendants; Breger-Terjesen Associates, et al.,
third-party defendants-respondents.
(Index No. 8884/99)

DECISION & 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 on appeals and cross appeal from two orders of the Supreme Court, Nassau County, entered April 18, 2003, and September 8, 2003, respectively.

ORDERED that the application is granted; and the brief of the respondent-appellant which was submitted to the office of the Clerk of this court is accepted for filing; and it is further,

ORDERED that the appellants-respondents and respondents shall serve and file their answering briefs, including their points of argument on the cross appeal, on or before June1, 2004 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10972

Y/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-04252
Michael F. Kallon, appellant, v
Henry R. Lamaute, etc., et al., respondents.

(Index No. 21328/99)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, dated April 30, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal, and cross motion by the respondents, inter alia, to enlarge the time to serve and file a brief on the appeal. By decision and order on motion of this court dated February 13, 2004, the aforementioned branch of the cross motion was held in abeyance pending receipt of the appellant's renewed motion to waive the certification requirements.

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

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

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief is granted; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until June 7, 2004, and the respondent's brief must be served and filed on or before that date.

PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10981

E/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-03091

Amber-Ann Louise Kardas, etc., et al., plaintiffs,
Ashley Thibault, etc., et al., respondents,
v Union Carbide Corporation, et al., appellants,
et al., defendants.
(Index No. 9011/00)

DECISION & ORDER ON MOTION

Joint motion by the appellants Union Carbide Corporation, KTI Chemicals, Inc., Shipley Chemical Corporation, and CNA Holdings, Inc., and the appellant International Business Machines Corporation to stay the trial and all pretrial evidentiary hearings in the above-entitled action pending hearing and determination of their appeals from an order of the Supreme Court, Westchester County, dated March 25, 2004.

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

ORDERED that the motion is granted and the trial and all pretrial evidentiary hearings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeals are perfected on or before June 4, 2004; and it is further,

ORDERED that in the event the appeals are not perfected on or before June 4, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10963

A/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2002-08516
Gloria Kingston, respondent, v Brookdale
Hospital and Medical Center, defendant,
Unni Moopan, etc., appellant.
(Index No. 35971/90)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated May 31, 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.

SMITH, J.P., KRAUSMAN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10957

PL/sl

2003-09771

Jack Leichtner, respondent,
v Barbara Leichtner, appellant.
(Index No. 17957/92)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated October 6, 1993.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 30, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10979

PL/sl

2003-05869

Modica Associates of N.Y. 122, LLC, appellant,
v Town of Islip, respondent.
(Index No. 28205/00)

ORDER ON APPLICATION

Application by the appellant 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, Suffolk County, dated June 11, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before May 18, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10978

PL/sl

2003-08533

Moon Ok Kwon, respondent, v
Luz A. Martin, et al., appellants,
et al., defendants.
(Index No. 3066/97)

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, entered August 25, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 1, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10672

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

GLORIA GOLDSTEIN, JJ.

2004-02052
Raphael Perez, appellant,
v State of New York, respondent.

(Claim No. 95290)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Court of Claims, dated December 23, 2003, as a poor person and for the assignment of counsel.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10964

A/sl

ANITA R. FLORIO, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2003-06775
Jamie Perino, respondent, v City of New York,
et al., defendants third-party plaintiffs-appellants;
Regional Scaffolding/Hoisting Company, Inc.,
third-party defendant (and a second third-party action).
(Index Nos. 6023/99, 75106/00, 75303/00)

DECISION & ORDER ON MOTION
Motion To Withdraw Appeal

Motion by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 5, 2002.

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 appeal is deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10970

Y/sl

FRED T. SANTUCCI, J.P.

THOMAS A. ADAMS

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-01833
Reliance Insurance Company of New York,
plaintiff-respondent, v Information Display
Technology, Inc., et al., defendants third-party
plaintiffs-appellants; Pierce & Stevens, et al.,
third-party defendants-appellants, Reading
Company, intervenor-respondent.
(Index No. 22608/94)

DECISION & ORDER ON MOTION

Motion by Reading Company 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 the Supreme Court, Suffolk County, dated January 28, 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.

SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10966

Y/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2004-02844
Total Energy Corp., appellant, v
Total Energy Services Corp., respondent.
(Index No. 8803/02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Westchester County, entered March 3, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10950

A/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2004-01553
In the Matter of Bedford Gardens Company,
petitioner, v Solomon Berkowitz, et al., Motion for Leave to
respondents. Ap
(Index No. 373/02)

DECISION & ORDER ON MOTION
Appeal to the
pellate Division

Motion by Solomon Berkowitz and Edith Berkowitz for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated July 29, 2003, which modified, and as modified, affirmed an order of the Civil Court of the City of New York, Kings County, entered May 7, 2002.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11020

C/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2004-00816
In the Matter of John Hinspeter, petitioner,
v John Leventhal, etc., et al., respondents.

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to direct the respondent John M. Leventhal, a Justice of the Supreme Court, Kings County, to issue a writ of habeas corpus to the petitioner, and application by the petitioner, in effect, for poor person relief.

Motion by the respondents to dismiss the proceeding.

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

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

ORDERED that the motion is held in abeyance; and it is further,

ORDERED that in the event 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 application for poor person relief fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).

SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10888

NANCY E. SMITH, J.P.

HOWARD MILLER

SONDRA MILLER

REINALDO E. RIVERA, JJ.

2004-01923
In the Matter of Leroy Joyner,
appellant, v Sheila Joyner, respondent.
(Docket No. F-2010-98)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated February 9, 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 opposition thereto, it is

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

ORDERED that on the court's own motion, the scheduling order dated March 16, 2004, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until June 8, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10726

NANCY E. SMITH, J.P.

HOWARD MILLER

SONDRA MILLER

REINALDO E. RIVERA, JJ.

2004-02774
In the Matter of Charles Linksman,
appellant, v Deborah Linksman, respondent.

(Docket No. F-5595-03)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated March 9, 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 opposition thereto, it is

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10996

C/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2003-08837
In the Matter of David Mahler, respondent,
v Black Box Corporation, appellant.
(Index No. 6336/03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the CAMP conference in the above-entitled proceeding pending the hearing and determination of an appeal from a judgment of the Supreme Court, Nassau County, entered September 19, 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; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10977

A/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-03107
In the Matter of Christine Mazzilli,
appellant, v Paul Mazzilli, respondent.
(Docket No. F-8451/92/02N)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family 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 no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10985

R/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2004-01828
In the Matter of Shahzada Qazi Mohammad,
respondent, v Abdul Q. Mohammad, appellant.
(Docket Nos. V-26688/99, V-27057/99)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Family Court, Kings County, dated February 26, 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; and it is further,

ORDERED that on the court's own motion, the scheduling order dated March 10, 2004, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until June 24, 2004.

SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10956

A/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

BARRY A. COZIER, JJ.

2003-10838
In the Matter of James M. Murray, appellant,
v Suffolk County Department of Social
Services, et al., respondents.
(Index No. 12392/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated August 18, 2003, for leave to appeal to the Court of Appeals from a decision and order on motion of this court, dated February 27, 2004, which determined a motion, inter alia, for leave to prosecute the appeal as a poor person.

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, KRAUSMAN and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10923

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

GLORIA GOLDSTEIN, JJ.

2004-01446
In the Matter of David Tenace, appellant,
v Fishkill Correctional Facility, respondent.

(Index No. 2021/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated October 29, 2003, as a poor person.

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

ORDERED that those branches of the motion which are for a copy of the transcript without charge and to waive payment of the filing fee are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10713

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2004-02541
The People, etc., respondent,
v Dexter Benjamin, appellant.

(Ind. No. 174/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Richmond County, rendered December 15, 2003, and for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

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

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

ORDERED that the branch of the motion which is for poor person relief and the assignment of counsel 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, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10636

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

STEPHEN G. CRANE, JJ.

2001-10694
The People, etc., respondent,
v Anthony Blackmon, appellant.
(Ind. No. 01-00043)

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, Rockland County, rendered November 26, 2001. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on March 14, 2002, and the following named attorney was assigned as counsel to prosecute the appeal:

Alan McGeorge, Esq.

109 Clove Avenue

Haverstraw, New York 10927

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:

Martin E. Gotkin, Esq.

P.O. Box 74

Palisades, New York 10964

and it is further,

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

ORDERED that 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.

ALTMAN, J.P., S. MILLER, LUCIANO, and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

01 A 6387

Green Haven Corr. Fac.

P.O. Box 4000

Stormville, New York 12582

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

Appellate Division: Second Judicial Department

M10837

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-10280

The People, etc., respondent,
v Eric J. Bullis, appellant.

(Ind. No. 03-00562)

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 17, 2003, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition 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 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 theappellant'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 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:

John R. Lewis, Esq.

36 Hemlock Drive

Sleepy Hollow, New York 10591

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 5065

Montery Shock Incarceration

2150 Evergreen Hill Road

Beaver Dam, New York 14812

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

Appellate Division: Second Judicial Department

M10819

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-09340

The People, etc., respondent,
v Ralph W. Chandless, appellant.

(Ind. No. 02-00643)

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 October 21, 2003, as a poor person, and for the assignment of counsel.

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

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

Greg Rinckey, Esq.

3 Wembly Court

Albany, New York 12205

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., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

755358C/451585

Albert C. Wagner Corr. Fac.

Box 500 - Ward Avenue

Bordentown, New Jersey 08505

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

Appellate Division: Second Judicial Department

M9249

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-08437
The People, etc., respondent,
v Antoine Cooper, appellant.
(Ind. No. 03-00242)

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, Orange County, rendered August 19, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on January 22, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

Howard F. Isaacs, Esq.

P.O. Box 685

Goshen, New York 10924

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 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:

Alex Smith, Esq.

41 Dolson Avenue

P.O. Box 578

Middletown, New York 10940

and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 R 4546

Ulster Corr. Fac.

Box 800

Napanoch, New York 12458

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

Appellate Division: Second Judicial Department

M10925

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-02584
The People, etc., respondent,
v David Deale, appellant.
(Ind. No. 203-04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered March 24, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is granted; 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 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 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., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 1340

Ulster Corr. Fac.

Box 800

Napanoch, New York 12458

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

Appellate Division: Second Judicial Department

M10982

R/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

200 3-02462
The People, etc., respondent,
v Steven Finkelstein, appellant.

(Index No. 344/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file its brief on an appeal from a judgment of the County Court, Nassau County, rendered March 7, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10817

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-08084

The People, etc., respondent,
v Joseph Garcia, appellant.

(Ind. No. 03-00476)

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 September 4, 2003, as a poor person, and for the assignment of counsel.

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

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

Greg Rinckey, Esq.

3 Wembly Court

Albany, New York 12205

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., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 4682

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

Appellate Division: Second Judicial Department

M10926

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-01996

The People, etc., respondent,
v Stephen M. Garing, appellant.

(Ind. No. 1893-02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered February 13, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is granted; 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 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 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., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 1017

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

Appellate Division: Second Judicial Department

M10687

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2000-06288
The People, etc., respondent,
v Jerome Howell, appellant.
(Ind. No. 5158/99)

DECISION & ORDER ON MOTION
Motion to File a Supplemental Brief

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 June 19, 2000.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

00 A 3862

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582

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

Appellate Division: Second Judicial Department

M10851

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-07867

The People, etc., respondent,
v Samantha Jones, a/k/a Samantha Stalter, appellant.

(Ind. No. 03-00425)

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 August 7, 2003, as a poor person, and for the assignment of counsel.

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

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

Bruce Townsend, Esq.

26 Albany Avenue

Walden, New York 12586

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., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 G 0790

Taconic Corr. Fac.

250 Harris Road

Bedford Hills, New York 10507

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

Appellate Division: Second Judicial Department

M10929

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-02587

The People, etc., respondent,
v Michael Jordan, appellant.

(Ind. No. 60-04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered March12, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is granted; 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 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 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., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 1794

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

Appellate Division: Second Judicial Department

M10932

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-02586

The People, etc., respondent,
v Roy Kelly, appellant.

(Ind. No. 2936-03)

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, Suffolk County, rendered March 11, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is granted; 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 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 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., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 1547

Lakeview Shock Incarceration Facility

Box T

Brocton, New York 14716

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

Appellate Division: Second Judicial Department

M10633

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

HOWARD MILLER

THOMAS A. ADAMS, JJ.

1999-03520

The People, etc., respondent,
v Raymond Lewis, appellant.
(Ind. No. 462/98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered March 16, 1999, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) whether counsel was retained, the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10839

DAVID S. RITTER, J.P.

NANCY E. SMITH

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2002-05493
The People, etc., respondent,
v John Napolitano, appellant.
of Assignment
(Ind. No. 01-00585)

DECISION & ORDER ON MOTION
Motion Pro se to Relieve Counsel

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered November 30, 2001, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on June 13, 2003, and the following named attorney was assigned to prosecute the appeal:

Philip C. Schiffman, Esq.

11 E. Main Street

P.O. Box 128

Washingtonville, New York 10992

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

ORDERED that the motion is granted; previously 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 to prosecute the appeal:

Brian MacNamara, Esq.

70 Four Corners Road

Warwick, New York 10990

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 pre-sentence 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,

RITTER, J.P., SMITH, CRANE, and COZIER, JJ, concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10940

A/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2002-08506
The People, etc., respondent,
v Luis Ramos, appellant.
(Ind. No. 10638/01)

DECISION & ORDER ON MOTION

Motion by assigned counsel to dismiss an appeal from a judgment of the Supreme Court, Queens County, rendered August 12, 2002, upon the death of appellant on January 5, 2004.

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

ORDERED that the motion is granted, the appeal is dismissed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent with People v Mintz (20 NY2d 770).

ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10831

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10643

The People, etc., respondent,
v David Redmond, appellant.

(Ind. No. 03-00262)

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 25, 2003, as a poor person, and for the assignment of counsel.

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

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

Richard Lentino, Esq.

138 West Main Street

Middletown, New York 10940

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., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 6308

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

Appellate Division: Second Judicial Department

M10668

FRED T. SANTUCCI, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2004-02284
The People, etc., respondent,
v Raymond Sadler, appellant.
(Ind. No. 3244/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered February 11, 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, 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.

SANTUCCI, J.P., TOWNES, CRANE, and MASTRO, JJ.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10838

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

DANIEL F. LUCIANO

STEPHEN G. CRANE, JJ.

2003-07357

The People, etc., respondent,
v Eric Schrader, appellant.

(Ind. No. 02-00950)

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, Orange County, rendered August 6, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is granted; 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 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., RITTER, LUCIANO, and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 4443

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

Appellate Division: Second Judicial Department

M10678

FRED T. SANTUCCI, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

1995-06729
The People, etc., respondent,
v Terry Skinner, appellant.
(Ind. No. 5011/94)

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 29, 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

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

Appellate Division: Second Judicial Department

M9251

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2002-10359, 2002-10360
The People, etc., respondent,
v Troy Smith, appellant.
(Ind. Nos. 02-00025, 02-00348)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute appeals from two judgments of the County Court, Orange County, both rendered November 8, 2002. The appellant's motion for leave to prosecute the appeals as a poor person and for assignment of counsel was granted on January 22, 2004, and the following named attorney was assigned as counsel to prosecute the appeals:

Howard F. Isaacs, Esq.

P.O. Box 685

Goshen, New York 10924

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 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 appeals:

John Savoca, Esq.

One Barker Street - Suite 135

White Plains, New York 10601

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

02 A 6432

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10652

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

Appellate Division: Second Judicial Department

M10835

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-11214

The People, etc., respondent,
v Eric A. Snype, appellant.

(Ind. No. 02-01017)

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 December 8, 2003, as a poor person, and for the assignment of counsel.

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

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

Richard Lentino, Esq.

138 West Main Street

Middletown, New York 10940

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.

FLORIO, J.P., KRAUSMAN, SCHMIDT, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 6580

Clinton Corr. Fac.

Box 2002

Dannemora, New York 12929

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

Appellate Division: Second Judicial DepartmentM10637

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

STEPHEN G. CRANE, JJ.

2002-02868
The People, etc., respondent,
v Todd Stephens, appellant.
(Ind. No. 01-00191)

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, Rockland County, rendered February 27, 2002. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on November 22, 2002, and the following named attorney was assigned as counsel to prosecute the appeal:

Alan McGeorge, Esq.

109 Clove Avenue

Haverstraw, New York 10927

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:

Martin E. Gotkin, Esq.

P.O. Box 74

Palisades, New York 10964

and it is further,

ALTMAN, J.P., S. MILLER, LUCIANO, and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

02 A 1323

Altona Corr. Fac.

555 Devils Den Road

Altona, New York 12910

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

Appellate Division: Second Judicial Department

M10679

FRED T. SANTUCCI, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

1995-05782
The People, etc., respondent,
v Clarence Summers, appellant.
(Ind. No. 15038/94)

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 22,1995.

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

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

Appellate Division: Second Judicial Department

M10841

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

STEPHEN G. CRANE, JJ.

2003-05502

The People, etc., respondent,
v Richard Walker, appellant.

(Ind. No. 01-00290)

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 pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Orange County, rendered April 14, 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 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, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Brian MacNamara, Esq.

70 Four Corners Road

Warwick, New York 10990

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.

RITTER, J.P., GOLDSTEIN, TOWNES, and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 2371

Franklin Corr. Fac.

Box 10

Malone, New York 12953

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

Appellate Division: Second Judicial Department

M10635

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

STEPHEN G. CRANE, JJ.

2001-11048
The People, etc., respondent,
v Marlon Washington, appellant.
(Ind. No. 01-00157)

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, Rockland County, rendered December 17, 2001. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on July 3, 2002, and November 22, 2002, respectively, and the following named attorney was assigned as counsel to prosecute the appeal:

Alan McGeorge, Esq.

109 Clove Avenue

Haverstraw, New York 10927

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:

Arlene Lewis, Esq.

P.O. Box 219

Blauvett, New York 10913

and it is further,

ALTMAN, J.P., S. MILLER, LUCIANO, and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

01 A 6780

Great Meadow Corr. Fac.

P.O. Box 51

Comstock, New York 12821-0051

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

Appellate Division: Second Judicial Department

M10849

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00223

The People, etc., respondent,
v Leonard Watson, appellant.

(Ind. No. 03-00538)

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 December 8, 2003, as a poor person, and for the assignment of counsel.

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

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

Bruce Townsend, Esq.

26 Albany Avenue

Walden, New York 12586

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., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 6581

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

Appellate Division: Second Judicial Department

M10677

FRED T. SANTUCCI, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

1995-04023
The People, etc., respondent,
v Janeek Wiggans, appellant.
(Ind. No. 3706/94)

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 April 25, 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

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

Appellate Division: Second Judicial Department

M10754

NANCY E. SMITH, J.P.

HOWARD MILLER

SONDRA MILLER

DANIEL F. LUCIANO, JJ.

2003-05978

The People, etc., respondent,
v Andrew Zeigler, Jr., appellant.

(Ind. No. 2748-02)

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 Supreme Court, Suffolk County, rendered July 1, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is granted; 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 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 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:

47 North 16th Street

Wyandanch, New York 11798