05-28-2004_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR MAY 28, 2004

TITLE	Case Number
Alkaifi v Celestial Church of Christ Calvary	2004-03589
Figueroa v Irvington Associates, LLC; Figuero	2003-05566
Grosso v Grosso	2003-08862 + 1
Krassner v Krassner	2003-10906
Papa, a/k/a Popescu v 24 Caryl Avenue Realty	2003-09151
Pastena v Healthnet of the Northeast, Inc.	2003-09211
Rudman v Rudman	2003-09602
SHS Baisley, LLC v Res Land, Inc.	2004-04116
Shimel v 5 South Fulton Ave. Corp.	2003-09210
Siemon v Useted	2002-00131
St. Dic v Brooklyn Hospital Center	2003-01976
Mtr of Glen Island Care Center v Novello	2003-03077
Mtr of N. (Anonymous), John Jr.	2004-02595 + 1
Mtr of T. (Anonymous), Alexia	2004-03041
Mtr of Zahoudanis, Deceased	2004-01434
Peo v Booker, Luther	2004-03262
Peo v Brewton, James	2004-03270
Peo v Curry, Ernest	2004-02782
Peo v DiPippo, Anthony L.	2004-01431 + 1
Peo v Fernandez, George	1998-00498
Peo v Green, Dennis a/k/a Dennis, Eugene	2002-08681
Peo v Hall, Gary	2004-03053
Peo v Harris, William	2004-03269
Peo v Hernandez, Claudio	2003-07346
Peo v Johnson, Anthony t/n Sealy, Gerald	2004-03189
Peo v Jones, Myranda a/k/a Jones, Miranda	2004-00269
Peo v Miller, Jereme	2004-02581
Peo v Oldham, Anthony	2004-03261
Peo v Oquendo, Jose	2003-02024 +1
Peo v Palmer, Arrieus	2004-03258
Peo v Peterson, Steven	2002-10220
Peo v Powell, Johnathon	2004-03531 + 1
Peo v Rodriguez, Alfredo	2003-08039
Peo v Sandy, Dean	2002-04646
Peo v Soucek, Scott	2004-03266
Peo v Urena, Edward	2004-03459
Peo v Villatoro, Cisto	2004-03271

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

Appellate Division: Second Judicial Department

M11731

A/sl

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-03589
Abdo H. Alkaifi, respondent, v Celestial
Church of Christ Calvary Parish, appellant,
et al., defendants.

(Index No. 17021/98)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, to stay enforcement of a judgment of foreclosure and sale of the Supreme Court, Queens County, dated April 17, 2000, pending hearing and determination of an appeal from an order of the same court dated April 7, 2004, and cross application by the respondent for the imposition of a sanction.

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

ORDERED that the branch of the motion which is for a stay of enforcement of the judgment of foreclosure and sale is granted to the extent that any proceedings to evict the appellant from the subject property are stayed pending hearing and determination of the appeal, on condition that the appeal is perfected on or before June 28, 2004, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 28, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

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

ORDERED that the cross application is denied without prejudice to making a motion for the same relief (see CPLR 8022).

RITTER, J.P., ALTMAN, MASTRO and SKELOS, 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

M11937

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-05566

Ruben Figueroa, plaintiff-respondent, v
Irvington Associates, LLC, defendant
third-party plaintiff-respondent, Spectrum
Skanska, Inc., et al., defendants third-party
plaintiffs-appellants-respondents, et al.,
defendant; La Bella Electric, Inc., third-party
defendant-respondent-appellant.
(Action No. 1)

(Index No. 325/01)
(And another title)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated May 23, 2003.

Upon the stipulation of the attorneys for the respective parties, dated April 19, 2004 and May 5, 2004, respectively, it is

ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.

SMITH, J.P., CRANE, MASTRO 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

M11957

E/sl

ANITA R. FLORIO, J.P.

SANDRA L. TOWNES

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2003-08862, 2004-02107
Michael Grosso, respondent,
v Jane Grosso, appellant.
(Index No. 25120/99)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Suffolk County, dated September 9, 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.

FLORIO, J.P., TOWNES, MASTRO and FISHER, 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

M11932

PL/sl

2003-10906

Mark Krassner, appellant,
v Heidi Krassner, respondent.
(Index No. 2267/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated October 30, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 4, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11929

R/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

NANCY E. SMITH

HOWARD MILLER, JJ.

2003-09151
Florin C. Papa, a/k/a Florin C. Popescu,
plaintiff, v 24 Caryl Avenue Realty Co.,
et al., defendants; Community Preservation
Corporation, intervenor; W. Denis Donovan,
etc., intervenor-respondent.
(Index No. 9221/00)

DECISION & ORDER ON MOTION

Motion by W. Denis Donovan, for leave to intervene as a respondent on an appeal from an order of the Supreme Court, Westchester County, dated August 1, 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, and the brief of W. Denis Donovan shall be served and filed on or before June 29, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11935

CF/

2003-09211
Dennis A. Pastena, etc., appellant, v
Healthnet of Northeast, Inc., respondent.
(Index No. 4868/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11926

2003-09602

Leslie Rudman, respondent,
v Michael Rudman, appellant.
(Index No. 200789/03)

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 September 29, 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

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

Appellate Division: Second Judicial Department

M11959

R/sl

ANITA R. FLORIO, J.P.

SANDRA L. TOWNES

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-04116
SHS Bailey, LLC, respondent,
v Res Land, Inc., appellant.

(Index No. 10530/04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this court from an order of the Supreme Court, Richmond County, dated April 21, 2004, and to stay enforcement of so much of the order as directed the appellant to execute the documents required to complete construction of the building on the subject premises and directed the respondent to pay rent arrears pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as an appeal from the order may be taken as of right; and it is further,

ORDERED that the branch of the motion which is for a stay is granted and enforcement of so much of the order as directed the appellant to execute the documents required to complete construction of the building on the subject premises and directed the respondent to pay rent arrears are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 28, 2004; and it is further,

FLORIO, J.P., TOWNES, MASTRO and FISHER, 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

M11739

A/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

GLORIA GOLDSTEIN, JJ.

2003-09210
Helaine Shimel, et al., respondents, v
5 South Fulton Ave. Corp., appellant, et al.,
defendants.
(Index No. 12657/02)

DECISION & ORDER ON MOTION

Motion by the respondent 17 S. Fulton, Inc., on an appeal from an order of the Supreme Court, Westchester County, entered September 18, 2003, in effect, to strike portions of the appellant's appendix on the ground that it contains matter dehors the record, to direct the appellant to serve and file a supplemental appendix containing certain material, to strike the appellant's brief on the ground that it does not contain references to the appendix, and to enlarge the time of all the respondents to serve and file their respective briefs. By decision and order on motion of this court dated April 21, 2004, the motion was held in abeyance, and the matter was remitted to the Supreme Court, Westchester County, to hear and report on the issue of whether it considered (1) the reply affirmation of Joseph R. Daniels dated May 25, 2003, and the accompanying exhibits, or (2) the affidavit of Thorton J. Meacham, Jr., dated May 24, 2003, the affidavit of Wayne Charles dated May 21, 2003, and the affidavit of Gwen Lyons dated May 23, 2003, attached to the instant motion papers as Exhibit E, in rendering the order entered September 18, 2003. The Supreme Court, Westchester County, has filed its report.

Upon the papers filed in support of the motion, the papers filed in opposition thereto, and the report of the Supreme Court, Westchester County, dated May 4, 2004, it is

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

ORDERED that the following portions of the appendix are stricken: A10 through A11, A43 through A59, and A110 through A118, and on or before June 24, 2004, the appellant shall either (1) delete or remove from all copies of the appendix on file with this court the above-mentioned material, and serve and file a supplemental appendix containing the affidavit of Thorton J. Meacham, Jr., dated May 24, 2003, the affidavit of Wayne Charles dated May 21, 2003, and the affidavit of Gwen Lyons dated May 23, 2003, attached to the instant motion papers as Exhibit E, or (2) serve and file a new appendix on appeal that does not include the material on pages A10 through A11, A43 through A59, and A110 through A118 and that includes the above-mentioned affidavits; and it is further,

ORDERED that the appellant's brief is stricken, and on or before June 24, 2004, the appellant shall serve and file a new brief which contains references to pages in the appendix on appeal; and it is further,

ORDERED that the respondents' time to serve and file their respective briefs is enlarged until July 29, 2004, and the respondents' briefs must be served and filed on or before that date.

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

M11938

Y/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2002-00131
Frederick Siemon, appellant,
v Kristen Useted, respondent.
(Index No. 5085/98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - March 2003 Calendar", dated April 3, 2003, as dismissed an appeal from a judgment of the Supreme Court, Westchester County, dated December 18, 2001, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to enlarge the time to perfect the appeal, for the assignment of counsel, and for leave to reargue those branches of his motion which were to waive the filing fee and for a free transcript which were determined by decision and order on motion of this court dated May 28, 2002.

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

ORDERED that the branches of the motion which are to recall and vacate so much of a decision and order on motion of this court, dated April 3, 2003, as dismissed the instant appeal, and to reinstate the appeal are granted, and so much of the decision and order on motion of this court dated April 3, 2003, as dismissed the instant appeal, is recalled and vacated; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant's time to perfect the appeal is granted to the extent that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until August 10, 2004, and that branch of the motion is otherwise denied; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., GOLDSTEIN, CRANE 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

M11958

E/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2003-01976
Therese St. Dic, respondent-appellant,
v Brooklyn Hospital Center, appellant-
respondent.

(Index No. 5632/98)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated January 31, 2003.

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

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

ORDERED that the respondent-appellant's time to serve and file an answering brief, including her points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until July 1, 2004, and the respondent-appellant's brief must be served and filed on or before that date.

ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, 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

M11936

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-03077
In the Matter of Glenn Island Care Center,
appellant-respondent, v Antonia Novello,
etc., et al., respondents-appellants.
(Index No. 16174/99)

DECISION & ORDER ON APPLICATION
Withdraw Cross Appeal on Stipulation

Application to withdraw a cross appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, entered February 19, 2003.

Upon the stipulation of the attorneys for the respective parties, dated May 20, 2004, it is

ORDERED that the application is granted and the cross appeal is deemed withdrawn, without costs or disbursements.

SMITH, J.P., KRAUSMAN, CRANE 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

M11921

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-02595, 2004-02618
In the Matter of John N. (Anonymous), Jr.
Administration for Children's Services,
respondent; John N. (Anonymous), Sr., et al., appellants.
(Proceeding No. 1)
In the Matter of Rahjeen N. (Anonymous).
Administration for Children's Services,
respondent; John N. (Anonymous), Sr., et al., appellants.
(Proceeding No. 2)
In the Matter of Angel N. (Anonymous).
Administration for Children's Services,
respondent; John N. (Anonymous), Sr., et al., appellants.
(Proceeding No. 3)
(Docket Nos. N-25040-02, N-25041-02, N-25042-02)

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

Motion by the appellant John N., Sr., for leave to prosecute appeals from two orders of the Family Court, Kings County, both dated March 5, 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 appeals 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 counsel for John N., Sr., 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 John N., Sr.'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 appeals on behalf of John N., Sr.:

Jeffrey Bluth, Esq.

415 Albermarle Road

Brooklyn, New York 11218

(718) 435-5357

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals 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 appeals are taken.

FLORIO, J.P., ADAMS, COZIER, and LIFSON, 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

M11815

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-03041

In the Matter of Alexia T. (Anonymous).
Orange County Department of Social Services,
appellant; John F. (Anonymous), respondent.
(Proceeding No. 1)
In the Matter of Andasha F. (Anonymous).
Orange County Department of Social Services,
appellant; John F. (Anonymous), respondent.
(Proceeding No. 2)
In the Matter of Boy F. (Anonymous).
Orange County Department of Social Services,
appellant; John F. (Anonymous), respondent.
(Proceeding No. 3)
In the Matter of Clarisa C. (Anonymous).
Orange County Department of Social Services,
appellant; John F. (Anonymous), respondent.
(Proceeding No. 4)
In the Matter of Danielle W. (Anonymous).
Orange County Department of Social Services,
appellant; John F. (Anonymous), respondent.
(Proceeding No. 5)
In the Matter of John'na F. (Anonymous).
Orange County Department of Social Services,
appellant; John F. (Anonymous), respondent.
(Proceeding No. 6)
In the Matter of Seqoia F. (Anonymous).
Orange County Department of Social Services,
appellant; John F. (Anonymous), respondent.
(Proceeding No. 7)
In the Matter of Tinea F. (Anonymous).
Orange County Department of Social Services,
appellant; John F. (Anonymous), respondent.
(Proceeding No. 8)
(Docket Nos. N-6120-03, N-6121-03, 6122-03,
N-6129-03)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by the Law Guardian to be relieved of an assignment to represent the children on an appeal from an order of the Family Court, Orange County, dated March 16, 2004.

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

ORDERED that the motion is granted, and the Law Guardian, Linda Pierson DaSilva, Esq., Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the children:

Hal B. Greenwald, Esq.

35 East Grassy Sprain Road

Suite 507

Yonkers, New York 10710

(914) 793-3700

RITTER, J.P., GOLDSTEIN, CRANE 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

M11024

2004-01434

In the Matter of Eleni Zahoudanis, a/k/a
Helen Zahoudanis, deceased.
John Spanakos, appellant-respondent;
Mary Zahoudanis, respondent-appellant;
Kenneth Allen Habel, nonparty-appellant-
respondent.

(File No. 6908/86)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the executor John Spanakos to withdraw his appeal from a decree of the Surrogate's Court, Kings County, dated January 9, 2004.

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

ORDERED that the application is granted and the appeal by the executor John Spanakos, is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11866

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-03262
The People, etc., respondent,
v Luther Booker, appellant.
(Ind. No. 1996-03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered March 22, 2004, as 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 1279

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

M11867

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-03270

The People, etc., respondent,
v James Brewton, appellant.

(Ind. No. 2386-03)

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 23, 2004, as 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:

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, and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 1248

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

M11918

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2004-02782
The People, etc., respondent,
v Ernest Curry, appellant.
(Ind. No. 1046/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Nassau County, rendered January 5, 2004, as amended February 17, 2004.

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

ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the County Court, Nassau County, rendered January 5, 2004, as amended February 17, 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

M11766

M/sl

MYRIAM J. ALTMAN, J.

2004-01431, 2004-04448

The People, etc., plaintiff,
v Anthony L. DiPippo, defendant.
(Ind. No. 39/1996)

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 two orders of the County Court, Putnam County, dated August 20, 2002, and January 15, 2004, respectively, 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.

MYRIAM J. ALTMAN

Associate Justice

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

Appellate Division: Second Judicial Department

M11825

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

1998-00498

The People, etc., plaintiff,
v George Fernandez, defendant.

(Ind. No. 5681/97)

DECISION & ORDER ON MOTION
Motion for Leave to Serve
Late Notice of Appeal, for Poor
Person Relief & to Assign
Counsel - Appeal from Judgment

Renewed motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered October 14, 1997, 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.

ALTMAN, J.P., SMITH, KRAUSMAN, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

97 A 6847

Upstate Corr. Fac.

Box 2001

Malone, New York 12953

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

Appellate Division: Second Judicial Department

M11811

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2002-08681
The People, etc., respondent,
v Dennis Green, a/k/a Eugene Dennis, appellant.
(Ind. No. 1975/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion of this court, dated December 8, 2003, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Kings County, rendered August 8, 2002, is recalled and vacated; and it is further,

ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.

The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11871

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2004-03053

The People, etc., respondent,
v Gary Hall, appellant.

(Ind. No. 03-00459)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered March 23, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Judith E. Permutt, Esq.

111 Brook Street

Scarsdale, New York 10583

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., SMITH, KRAUSMAN, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

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

Appellate Division: Second Judicial Department

M11868

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-03269

The People, etc., respondent,
v William Harris, appellant.

(Ind. No. 2867-03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered April 6, 2004, as 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:

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, and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 2124

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

M11916

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2003-07346
The People, etc., respondent,
v Claudio Hernandez, appellant.
(Ind. No. 281-03)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered July 22, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on October 29, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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

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

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

Andrew S. Worgan, Esq.

30 Colby Drive

Kings Park, New York 11754

and it is further,

ALTMAN, J.P., SMITH, KRAUSMAN, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 R 4080

Mid-State Corr. Fac.

Box 2500

Marcy, New York 13403

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

Appellate Division: Second Judicial Department

M11828

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2004-03189

The People, etc., respondent,
v Anthony Johnson, t/n Gerald
Sealy, appellant.
(Ind. No. 616/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered March 30, 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.

ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, 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

M11812

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00269

The People, etc., respondent,
v Myranda Jones, a/k/a Miranda Jones, appellant.

(Ind. No. 03-00324)

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, Rockland County, rendered December 18, 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:

James Licata

Office of the Public Defender

11 New Hemstead Road

New City, New York 10956-3664

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 1244

Bedford Hills Corr. Fac.

Box 1000

Bedford Hills, New York 10507

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

Appellate Division: Second Judicial Department

M11869

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-02581

The People, etc., respondent,
v Jereme Miller, appellant.

(Ind. No. 1849-03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered February19, 2004, as 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:

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, and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 0799

Wyoming Corr. Fac.

Box 501

Attica, New York 14011

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

Appellate Division: Second Judicial Department

M11829

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2004-03261

The People, etc., respondent,
v Anthony Oldham, appellant.

(Ind. No. 1158-03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered March 22, 2004, as a poor person, and for the assignment of counsel.

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

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

Cisto 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 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.

ALTMAN, J.P., SMITH, KRAUSMAN, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 1797

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

M11944

2003-02024, 2003-02025

The People, etc., respondent,
v Jose Oquendo, appellant.
(Ind Nos. 01-00447, 02-00313)

ORDER ON APPLICATION
Withdraw Appeals on Stipulation

Appeals from two judgments of the Supreme Court, Westchester County, both rendered January 29, 2003.

Upon the stipulation of the parties, dated April 6, 2004, it is

ORDERED that the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11919

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2004-03258

The People, etc., respondent,
v Arrieus Palmer, appellant.

(Ind. No. 891/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered March 25, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Gail Patricia Ennis, Esq.

P.O. Box 220088

Great Neck, New York 11021

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., SMITH, KRAUSMAN, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 1928

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

M11827

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2002-10220
The People , etc., respondent, DECISION & ORDER
v Steven Peterson, appellant.
(Ind. No. 01-00707)

ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered May 31, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

ALTMAN, J.P., SMITH, KRAUSMAN, SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 3454

Mid-State Corr. Fac.

Box 2500

Marcy, New York 13403

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

Appellate Division: Second Judicial Department

M11826

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2004-03531, 2004-03586

The People, etc., plaintiff,
v Johnathon Powell, defendant.

(Ind. Nos. 03-00169, 03-00186)

DECISION & ORDER ON MOTION
Motion for Leave to Serve
Late Notice of Appeal, for Poor
Person Relief & to Assign
Counsel - Appeal from Judgment

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take appeals from two judgments of the County Court, Rockland County, both rendered October 29, 2003, for leave to prosecute the appeals 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.

ALTMAN, J.P., SMITH, KRAUSMAN, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 A 1929

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

M11923

R/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

STEPHEN G. CRANE, JJ.

2003-08039
The People, etc., respondent,
v Alfredo Rodriguez, appellant.
(Ind. No. 0668/98)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered December 1, 2003, inter alia, to continue a stay of execution of said judgment which was granted by decision and order on motion dated December 12, 2003, pending hearing and determination of the appeal therefrom, to relieve assigned counsel and substitute retained counsel, and to continue the appellant's status as a poor person. The appellant's motion to dispense with printing and for the assignment of counsel was granted on February 13, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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

ORDERED that the branch of the motion which is relieve assigned counsel and substitute retained counsel is granted; and assigned counsel is directed to turn over all papers in the action to retained counsel: Gary Schoer, Esq.

6800 Jericho Turnpike

Syosset, NewYork 11791 and it is further,

ORDERED that the branch of the motion which is to continue the appellant's status as a poor person is granted; and it is further,

ORDERED the branch of the motion which is to continue the stay of execution of the judgment granted by decision and order on motion of this court dated December 12, 2003, is granted and the stay of execution of the judgment is continued pending hearing and determination of the appeal, on the same bail conditions set forth in this court's decision and order on motion dated December 12, 2003, and on condition that the appeal is perfected on or before July 11, 2004; and it is further,

ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before July 11, 2004; and it is further,

ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court for execution of sentence.

RITTER, J.P., GOLDSTEIN, TOWNES 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

M11809

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2002-04646
The People, etc., respondent,
v Dean Sandy, appellant.
(Ind. No. 8326/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to recall and vacate a decision and order on motion of this court, dated March 22, 2004, which granted his application for leave to serve and file a supplemental brief on his appeal from a judgment of the Supreme Court, Kings County, rendered May 14, 2002, and to deem the application withdrawn.

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, the decision and order on motion dated March 22, 2004, is recalled and vacated, and the appellant's application for leave to serve and file a supplemental brief is deemed withdrawn.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11870

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-03266

The People, etc., respondent,
v Scott Soucek, appellant.

(Ind. No. 1901-03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered April 1, 2004, as 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:

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, and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 2123

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

M11915

FRED T. SANTUCCI, J.

2004-03459

The People, etc., plaintiff,
v Edward Urena, defendant.
(Ind. No. 4290/00)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 10, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

FRED T. SANTUCCI

Associate Justice

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

Appellate Division: Second Judicial Department

M11865

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-03271

The People, etc., respondent,
v Cisto Villatoro, appellant.

(Ind. No. 2380-03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered March 29, 2004, as 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:

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, and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043