Appellate Division: Second Judicial Department
M11267
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2003-09790
Ronald R. Altman, appellant, v Marion Daniels, respondent. (Index No. 3971/02)
| 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, Nassau County, dated October 6, 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
Appellate Division: Second Judicial Department
M11289
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2003-11373 John Babiak, respondent, v Calvary Pentecostal Church, appellant. (Index No. 18087/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated December 8, 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ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11255
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2003-10174
Allen Baker, respondent, v Ellen Marshall, appellant. (Index No. 15519/02)
| 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, Westchester County, dated November 3, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 12, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11295
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2003-09795 Anna Amanda Bernacchia, et al., respondents- appellants, v Cytodyne Technologies, Inc., et al., defendants; Robert Chinery, appellant-respondent. (Index No. 3890/03)
| ORDER ON APPLICATION Application to Withdraw CrossAppeal |
Application by the respondent-appellant Anna Amanda Bernacchia, to withdraw a cross-appeal from an order of the Supreme Court, Nassau County, dated September 30, 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 cross-appeal by Anna Amanda Bernacchia, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11293
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2003-09762 Carlos Bisono, respondent, v Jung Hui Ko, et al., appellants. (Index No. 3599/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 9, 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11241
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GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
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2003-03330 Donna Carvalho, appellant, et al., plaintiffs, v New York Property Insurance Underwriters Association, et al., defendants; Weg and Myers, P.C., nonparty-respondent. (Action No. 1) (Index No. 18084/99) 2003-06411 North Fork Bank, respondent, v K. George Carvalho, defendant, Donna Carvalho, appellant. (Action No. 2) (Index No. 14263/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, dated January 30, 2003, and July 11, 2003, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the records on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing her respective briefs on the appeals is enlarged until July 19, 2004; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED tha the motion is otherwise denied.
KRAUSMAN, J.P., TOWNES, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11271
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GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
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2004-01377 Central Suffolk Hospital, etc., et al., appellants-respondents, v New York Central Mutual Fire Insurance Company, respondent- appellant.
(Index No. 11289/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to stay all proceedings in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated January 20, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
KRAUSMAN, J.P., TOWNES, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11243
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MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
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2004-02125 Jon Cooper, plaintiff-respondent, v Island Transportation Corporation, et al., defendants-respondents, Smith Limousine Co., Inc., appellant. (Index No. 29410/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 23, 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.
ALTMAN, J.P., H. MILLER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11291
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2003-07107 Mario R. Estacuy, respondent, v Lian Tong Tai, et al., appellants. (Index No. 13825/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11259
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2003-10559
F&J Continental Food Corp., appellant, v C.M.C. Company, et al., respondents. (Index No. 10384/01)
| 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, Westchester County, dated October 27, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 12, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11251
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2004-00757 David J. Fischman, appellant, v Koyuki Fischman, respondent. (Index No. 11776/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 12, 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11273
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2003-011432
Laurine Gaete, et al., respondents, v Reginald B. Battle, et al., appellants. (Index No. 9793/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 1, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11275
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2004-02207
Laurine Gaete, et al., respondents, v Reginald B. Battle, et al., appellants. (Index No. 9793/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 10, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11248
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2003-09679, 2003-09682 Glenn Godsey, et al., appellants, v Litt Developers, Inc., respondent. (Index No. 1462/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw appeals from an order of the Supreme Court, Rockland County, dated September 22, 2003, and a judgment of the same court entered September 30, 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 appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11256
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2003-07756
David Gottlieb, appellant-respondent, v Seymour Handler, etc., defendant, Gary Hitzig, etc., et al., respondents-appellants. (Index No. 3174/01)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) on an appeal and a cross appeal from an order of the Supreme Court, Nassau County, dated June 13, 2003, to enlarge the time to perfect his appeal.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until June 14, 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
Appellate Division: Second Judicial Department
M11221
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2003-08280 Jose Gurgitano, et al., appellants, v Pace University, defendant third-party plaintiff-respondent; ISS International Services Systems, Inc., third-party defendant-respondent.
(Index No. 348/98)
| ORDER ON APPLICATION |
Application by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated June 17, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 9, 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
Appellate Division: Second Judicial Department
M11029
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FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
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2003-08322 Suzanne Hand, respondent, v Benjamin Prince Field, V, appellant. (Index No. 25860/99
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Suffolk County, entered August 27, 2003, to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record, and to enlarge the time to serve and file a respondent's brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike stated portions of the appellant's brief is granted to the extent that the following portions of the appellant's brief are stricken:
(A) beginning with the last sentence on page 6 starting with "And, ultimately," which continues onto page 7 and ending with the last sentence of the first paragraph on page 7 starting with "The judge alluded again";
(B) beginning with the fifth sentence of the second paragraph on page 20 starting with "The trial judge instructed," and ending with the third full sentence on page 21 starting with "In fact, on the third day of the trial"; (C) beginning with the second sentence on page 24 starting with "Before the trial even began" and ending with the last sentence on page 24 which continues onto page 25 starting with "Because of the";
(D) beginning with the fourth sentence in the second full paragraph on page 27 starting with "The trial judge could not comprehend" and ending with the second full sentence in the first paragraph on page 28 starting with "The judge's failure to understand";
(E) beginning with the third sentence in the first full paragraph on page 30 starting with "As previously asserted" and ending with the last sentence on page 31 which continues onto page 32 starting with "When the discussion was finished";
on or before June 11, 2004, the appellant shall either (1) remove from all copies of his brief on file with this court the above referenced material, or (2) serve and file a new brief that does not contain the above-mentioned material; and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a respondent's brief is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until July 16, 2004, and the respondent's brief must be served and filed on or before that date.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11265
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2003-10621
Clara Harcztark, appellant, v Drive Variety, Inc., d/b/a American General Dept. Stores, etc., et al., respondents. (Index No. 4375/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated October 10, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 6, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11292
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2004-00201 Mary Ann Higgs, appellant, v Bart D. Marksohn, respondent. (Index No. 2055/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 24, 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11280
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2003-10689
Judith Holtzman, appellant, v County of Nassau, et al., respondents. (Index No. 12048/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 31, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11222
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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 Kelly O'Malley 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, and separate application by the appellant to enlarge the time to serve and file a reply brief.
ORDERED that the applications are granted and the time of the respondent Kelly O'Malley to serve and file a brief is enlarged until June 4, 2004, and that respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until June 24, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial DepartmentM11257
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DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
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2003-05131
ICC Performance, LP, etc., appellant, v Aftor T. Realty, Inc., et al., respondents. (Action No. 1)
(Index No. 21464/99) ICC Performance, LP, etc., appellant, v Ash Realty, Ltd., et al., respondents. (Action No. 2) (Index No. 30218/99) ICC Performance, LP, etc., appellant, v Ash Unlimited, Inc., et al., respondents. (Action No. 3) (Index No. 37086/99)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 4, 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 is deemed withdrawn, without costs or disbursements.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11272
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2004-00971
Kathleen A. Joyce-Michels, respondent, v Benjamin G. Michels, appellant. (Index No.202039/03 )
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 5, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11285
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2003-09431 Jacqueline Linton, respondent, v Reyes Moreno, appellant. (Index No. 3672/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 11, 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11276
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2003-10220
William Lucadamo, respondent, v Bridge To Life, Inc., appellant. (Index No.21750/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 6, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11246
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2004-00978 Eugenia Maldonado, appellant, v James Jerry, et al., respondents. (Index No. 7211/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11239
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2004-00793 Rosa Marmol, respondent, v Fizool Mohamed, appellant. (Index No. 18910/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 11, 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11290
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2003-10539 Lee Marrero, appellant, v City of New York, et al., respondents. (Index No. 45037/95)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 31, 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11269
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A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
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2003-05613 Martin Martinez, etc., et al., respondents, v Mount Vernon City School District, et al., appellants. (Index No. 9592/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 6, 2003.
Upon the stipulation of the attorneys for the respective parties, dated April 20, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11263
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2003-08882 Cynthia Massy, plaintiff-respondent, v Loehmann's, Inc., defendant third-party plaintiff-respondent, Ann Klein & Co., defendant- appellant; Salant Corporation, s/h/a Vera Companies, third-party defendant-appellant, et al., third-party defendant. (Index No. 15111/95)
| ORDER ON APPLICATION |
Application by the respondent Loehmann's, Inc., 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 August 11, 2003, and separate applications by the appellants to enlarge the time to serve and file reply briefs.
ORDERED that the application of Loehmann's, Inc., is granted and the time of the respondent Loehmann's, Inc., to serve and file a brief is enlarged until June 7, 2004, and that respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the applications of the appellants are granted and the reply briefs, if any, must be served and filed on or before June 27, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11253
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2003-08945 Eliezer Tibor Neuhauser, a/k/a Eli Neuhauser, respondent, v Antonio Polanco, et al., appellants. (Index No. 6778/01)
| 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, Orange County, dated August 15, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 14, 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
M11281
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A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
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2003-06735 New York City Transit Authority, respondent, Windsor Leasing Corp., appellant. (Index No. 16961/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 18, 2003.
Upon the stipulation of the attorneys for the respective parties, dated April 26, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11254
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2003-08739 Ocwen Federal Bank FSB, f/k/a Berkeley Federal Bank & Trust FSB, respondent, v Jeffrey Miller, et al., appellants, et al., defendants. (Index No. 209/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered August 27, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 6, 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
Appellate Division: Second Judicial Department
M11240
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2003-08519 ORDER ON APPLICATION Jhon Ortiz, appellant, v Karen Cormier, et al., respondents.
(Index No. 26182/01)
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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 10, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before May 17, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11294
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2003-10117 Gocha Pasieshivili, et al., appellants, v Jubilee Delicatessen, Inc., et al., respondents. (Index No. 49322/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 18, 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11296
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2003-09843
Anne B. Platt, appellant, v Allied Properties, LLC., respondent. (Index No. 20122/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated September 17, 2003.
Upon the stipulation of the attorneys for the respective parties, dated April 14, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11242
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2003-07855 Chong Suk Rose, et al., appellants, v State of New York, respondent. (Claim No. 89930)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Court of Claims dated August 5, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 17, 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
Appellate Division: Second Judicial Department
M11264
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2003-06665
Omrie Scott, plaintiff-respondent, v City of New York, appellant, Edward J. Gladick, defendant-respondent. (Index No. 4043/01)
| ORDER ON APPLICATION |
Application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated June 12, 2004.
ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until June 4, 2004, and the plaintiff-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
M11252
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2003-06192 Lakhi Shroff, respondent-appellant, v Astoria Federal Savings & Loan Association, et al., defendants, Amba Sharma, appellant- respondent. (Index No. 26103/93)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Queens County, dated June 13, 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11250
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MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
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2003-08998 Anna Taino, etc., et al., respondents, v Clunie Bernard, et al., appellants. (Index No. 14866/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered September 3, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the appellants' time to perfect the appeal is enlarged until July 12, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date, and the motion is otherwise denied; and it is further,
ORDERED that no further enlargements of time shall be granted.
ALTMAN, J.P., H. MILLER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11236
CF/
|
2003-06269 Kathleen P. Terry, appellant-respondent, v William S. Terry, respondent-appellant. (Index No. 7265/85)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal and cross appeal from an order of the Supreme Court, Nassau County, dated June 9, 2003.
Upon the stipulation of the parties, dated April 28, 2004, it is
ORDERED that the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11277
L/
|
2003-11207
Gloria Tobar, et al., respondents, v Poughkeepsie City School District, et al., appellants. (Index No. 5259/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated October 28, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11270
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-03668
Tokio Marine & Fire Insurance Co., Ltd., et al., respondents, v Lana Yeheskel, appellant. (Index No. 5584/00)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Orange County, dated April 2, 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 is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11287
F/
|
2003-10755 Veronica Vincino, et al., appellants, v Town of Huntington, respondent. (Index No. 21705/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Veronica Vincino to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 31, 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 Veronica Vincino, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11244
CF/
|
2004-01325 Sheila Jones Williams, appellant, v 369th Kermit Drowery Memorial, Inc., respondent. (Index No. 26987/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 8, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11209
Y/sl
DAVID S. RITTER, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2003-04975 In the Matter of Altagracia Calvo, respondent, v Luis Calvo, appellant. (Docket No. F-1400-97)
| DECISION & ORDER ON MOTION |
Appeal by Luis Calvo from an order of the Family Court, Queens County, dated April 30, 2003. By order to show cause dated April 13, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated February 26, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied on condition that the appeal is perfected on or before June 14, 2004; and it is further,
ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated February 26, 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 14, 2004.
RITTER, J.P., TOWNES, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11247
CF/
|
2004-01448 In the Matter of Joseph Dierna, Jr., appellant, v Town of Blooming Grove Planning Board, respondent. (Index No. 6702/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Orange County, dated January 8, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11138
F/
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2004-01474 In the Matter of Anthony Christopher G. Jr. (Anonymous). St. Christopher-Ottilie, respondent; Anthony G. (Anonymous), appellant. (Docket No. B-1880-02)
| 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, Kings County, dated January 2, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the 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:
Peter A. Wilner, Esq.
90-50 Parsons Blvd. - Suite 307
Jamaica, New York 11432
(917) 733-5932
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.
SMITH, J.P., S. MILLER, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11137
F/
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2004-00276 In the Matter of Ajuwon H. (Anonymous). McMahon Services, et al., respondents; Annmarie H. (Anonymous), appellant. (Docket No. B-24985-00)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated December 18, 2003, and for leave to the appellant to prosecute the appeal as a poor person.
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 counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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:
Pauline E. Braun, Esq.
43 Edgewood Road
P.O. Box 9
Valley Stream, New York 11582-0009
(516) 872-4080
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.
SMITH, J.P., S. MILLER, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11219
PL/sl
|
2003-09528
In the Matter of Beth Newman, etc., appellant, v Brian Wing, et al., respondents. (Index No. 25783/98)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated August 29, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 1, 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
M11087
F/
DAVID S. RITTER, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-02369
In the Matter of Regina P. (Anonymous). Rockland County Department of Social Services, respondent; Kathy P. (Anonymous), appellant. (Docket No. N-380-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Rockland County, dated January 20, 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 the submission of proper papers establishing that the appellant is entitled to poor person relief (see CPLR 1101).
RITTER, J.P., TOWNES, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11086
F/
DAVID S. RITTER, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-01271
In the Matter of Stephen Penn, appellant, v Ingrid Penn, respondent.
(Docket Nos. V-21834-03, V-21835-03)
| 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, Queens County, dated January 13, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the 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:
David M. Shapiro, Esq.
903 Sheridan Avenue - 2nd Floor
Bronx, New York 10451
(718) 681-2628
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.
RITTER, J.P., TOWNES, MASTRO, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11283
L/
|
2003-04065, 2003-04066
In the Matter of Louis Skeen, appellant, v Marie Skeen-Louggar, respondent. (Docket Nos. V-18707-02, V-18708-02, V-18709-02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Family Court, Kings County, both dated April 8, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11266
S/sl
|
2003-10461, 2003-10463
In the Matter of Vincent Slavin, deceased. Mary Jelnek, appellant; Anna Baez, respondent- respondent; et al., respondents. (Index No. 4277/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Surrogate's Court, Queens County, dated September 24, 2003, and November 13, 2003, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until July 16, 2004, and the record or appendix on the appeals 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
M11136
F/
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2004-02569 In the Matter of Beatriz Sosa, respondent, v Oscar Sosa, appellant. (Docket No. F-238-03)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Orange County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Orange County, dated March 5, 2004, and for leave to the appellant to prosecute the appeal as a poor person.
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 counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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:
Philip C. Schnabel, Esq.
33 Schnabel Lane
Chester, New York 10918
(845) 469-2023
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.
SMITH, J.P., S. MILLER, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11121
F/
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-02047 In the Matter of Ralph Staples, appellant, v Laura Smith, respondent. (Docket No. F-6557-97)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Orange County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Orange County, dated February 9, 2004, and for leave to the appellant to prosecute the appeal as a poor person.
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 counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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:
Dennis P. Portararo, Esq.
P.O. Box 276
Chester, New York 10918
(845) 469-5580
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.
SMITH, J.P., S. MILLER, CRANE, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11237
C/sl
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-02845 In the Matter of Arthur Stein, appellant-respondent, v Sheldon Stone, respondent-appellant. (Index No. 18225/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant, inter alia, to enjoin the appellant-respondent from proceeding with the arbitration under American Arbitration Association Case No. 13 Y 168 02857 01 pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Queens County, dated February 17, 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., TOWNES, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11220
F/
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-00632 In the Matter of Alberto Valentin, appellant, v Luz Carrero, respondent. (Docket No. O-24783-03)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to defend an appeal from an order of the Family Court, Kings County, dated December 19, 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 granted; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defend the appeal:
Matthew M. Lupoli, Esq.
167-16 Northern Blvd.
P.O. Box 580283
Flushing, New York 11358
(718) 539-0622
and it is further,
ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.
ALTMAN, J.P., H. MILLER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11261
S/sl
|
2003-07347
The People, etc., respondent, v Lawrence L. Amaturo, appellant. (Ind. No. 311/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the County Court, Suffolk County, rendered July 15, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until May 24, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11149
F/
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
1994-05097 The People, etc., respondent, v Eugene Assencao, appellant.
(Ind. No. 8914/93)
| 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 1, 1994.
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]).
SMITH, J.P., S. MILLER, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11148
F/
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
1995-00663 The People, etc., respondent, v Otto Badillo, appellant. (Ind. No. 12210/93)
| 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 4, 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]).
SMITH, J.P., S. MILLER, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11156
F/
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
1999-09924 The People, etc., respondent, DECISION & ORDER v Sean Boyd, appellant.
(Ind. No. 7691/98)
| ON MOTION Motion Pro se to Relieve Counsel of Assignment |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 7, 1999, and for assignment of new 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., S. MILLER, CRANE, and RIVERA, JJ.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11146
F/
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
1995-00673 The People, etc., respondent, v Roy Brown, appellant. (Ind. No. 14572/93)
| 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 December 15, 1994.
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]).
SMITH, J.P., S. MILLER, CRANE, and RIVERA, JJ., concur
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11223
F/
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-02583
The People, etc., respondent, v Joseph Bullard, appellant.
(Ind. No. 1322-03)
| 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 February 24, 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 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 or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
ALTMAN, J.P., H. MILLER, GOLDSTEIN, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 R 0813
Ulster Corr. Fac.
Box 800
Napanoch, New York 12458
Appellate Division: Second Judicial Department
M11214
F/
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2002-06553 The People, etc., respondent, v Kevin Credle, appellant. (Ind. No. 9147/00)
| 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 27, 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., H. MILLER, GOLDSTEIN, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
02 A 3871
Mid-State Corr. Fac.
Box 2500
Marcy, New York 13403
Appellate Division: Second Judicial Department
M11144
F/
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
1994-02700 The People, etc., respondent, v Santos Flores, appellant. (Ind. No. 9116/93)
| 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 February 16, 1994.
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]).
SMITH, J.P., S. MILLER, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11151
F/
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
1994-00516 The People, etc., respondent, v Richard Gonzalez, appellant. (Ind. No. 266/93)
| 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 5, 1994.
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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
SMITH, J.P., S. MILLER, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11142
F/
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
1995-01535 The People, etc., respondent, v Anthony Haughton, appellant. (Ind. No. 12201/94)
| 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 February 1, 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]).
SMITH, J.P., S. MILLER, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11143
F/
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
1994-04852 The People, etc., respondent, v Eddie Herron, appellant. (Ind. No. 2908/94)
| 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 13,1994.
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]).
SMITH, J.P., S. MILLER, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11140
F/
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
1995-01205 The People, etc., respondent, v Tony Hinton, appellant. (Ind. No. 15501/94)
| 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 9, 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]).
SMITH, J.P., S. MILLER, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11141
F/
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
1995-02978 The People, etc., respondent, v Matthew Holton, appellant. (Ind. No. 4643/94)
| 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 March 23, 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]).
SMITH, J.P., S. MILLER, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11139
F/
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
1995-02109 The People, etc., respondent, v Anthony Jefferson, appellant. (Ind. No. 6116/94)
| 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 February 2, 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]).
SMITH, J.P., S. MILLER, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11153
F/
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
1995-02112 The People, etc., respondent, v James Johnson, appellant. (Ind. No. 893/94)
| 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 February 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]).
SMITH, J.P., S. MILLER, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11154
F/
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
1995-02522 The People, etc., respondent, v Reginald Jones, appellant. (Ind. No. 12232/94)
| 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 February 24, 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]).
SMITH, J.P., S. MILLER, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11211
A/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
|
1999-02417 The People, etc., respondent, v Anthony C. Libardi, appellant.
(Ind. No. 256/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered February 24, 1999, inter alia, for leave to reargue a motion to enlarge the judgment roll to include the minutes of the proceedings which occurred before the County Court, Suffolk County, on February 12, 13, and 14, 1998, and March 24, 1998, which was determined by decision and order on motion of this court dated February 4, 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
Appellate Division: Second Judicial Department
M11224
F/
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2003-01270
The People, etc., respondent, v Edwin Lopez, appellant. (Ind. No. 9371/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered January 21, 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 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.
ALTMAN, J.P., H. MILLER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11260
F/
GLORIA GOLDSTEIN, J.
|
2004-03335
The People, etc., plaintiff, v Frank Palompelli, defendant. (Ind. No. 99-00065)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Orange County, dated March 17, 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.
GLORIA GOLDSTEIN
Associate Justice
Appellate Division: Second Judicial Department
M11157
F/
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-03779 The People, etc., respondent, DECISION & ORDER v David Simpkins, appellant.
(Ind. No. 1277/01)
| ON MOTION Motion Pro se to Relieve Counsel of Assignment |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered April 9, 2003, for the assignment of new counsel, and for leave to serve and filed a pro se supplemental brief.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is for leave to serve and filed a pro se supplemental brief 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; and it is further,
ORDERED that the branch of the motion which is to relieve assigned counsel and assign new counsel is denied.
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.
SMITH, J.P., S. MILLER, CRANE, and RIVERA, JJ.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10999
F/
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
|
2003-10828 The People, etc., respondent, v Vi Tang, appellant. (Ind. No. 752/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered December 2, 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 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.
KRAUSMAN, J.P., LUCIANO, COZIER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11150
F/
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
1994-06039 The People, etc., respondent, v Rayan Williams, appellant. (Ind. No. 3442/93)
| 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 27, 1994.
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]).
SMITH, J.P., S. MILLER, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11245
C/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
1999-09337 The People, etc., respondent, v Terrence Williams, a/k/a Terry Williams-Bey, appellant. (Ind. No. 305/98)
| DECISION & ORDER ON MOTION |
Appeal by Terrence Williams, a/k/a Terry Williams-Bey from a judgment of the Supreme Court, Queens County, rendered August 30, 1999. By order to show cause dated April 7, 2004, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal as abandoned by filing an affidavit on that issue with the Clerk of this court on or before April 30, 2004.
Upon the court's own motion and no papers having been filed in response to the order to show cause, it is
ORDERED that the motion is granted and the appeal is dismissed.
ALTMAN, J.P., H. MILLER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court