Appellate Division: Second Judicial Department
M11987
CF/
|
2004-00559 Anatoly Brodsky, respondent, v City of New York, et al., appellants. (Index No. 27699/00)
| 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 September 3, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M11991
CF/
|
2004-02665 Michele Cardno, et al., respondents, v Arnold Palmer, et al., appellants. (Index No. 10758/03)
| 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 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M11947
E/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2003-07367 Blair Carney, respondent, v General Growth Management, Inc., defendant, Positive Productions, Inc., appellant.
(Index No. 30738/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered July 14, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., LUCIANO, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11977
CF/
|
2003-08981 Chase Manhattan Mortgage Corporation, et al., respondents, v William A. Canavan, appellant. (Index No. 17589/98)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Westchester County, entered September 22, 2003.
Upon the stipulation of the parties, dated April 28, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11982
CF/
|
2003-11281 Frank D. Chousa, et al., appellants, v Sternberg, Kozera & Gleicher, Inc., et al., respondents. (Index No. 105/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Rockland County, dated November 10, 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
M11967
O/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2003-05809, 2003-10228 EDP Hospital Computer System, Inc., respondent, v Bronx-Lebanon Hospital Center, appellant. (Index No. 17086/92)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, dated May 5, 2003, and September 11, 2003, respectively.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11994
J/sl
|
2003-10706
Estate of Frank Sassa, Jr., respondent, v Lance Alfieri, et al., appellants. (Index No. 3928/96)
| 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, Nassau County, entered November 6, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 23, 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
M12039
S/sl
DAVID S. RITTER, J.P.
MYRIAM J. ALTMAN
SONDRA MILLER
SANDRA L. TOWNES, JJ.
|
2003-03943 Eric Gale, etc., appellant, v International Business Machines Corporation, respondent. (Index No. 16278/02)
| DECISION & ORDER ON MOTION |
Motion by counsel for the respondent to admit pro hac vice Shon Morgan, an attorney in good standing in the State of California, to represent the respondent, on an appeal from an order of the Supreme Court, Suffolk County, dated March 7, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and Shon Morgan is admitted pro hac vice to represent the respondent.
RITTER, J.P., ALTMAN, S. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11973
CF/
|
2004-00966 Jerold Gray, et al., plaintiffs-respondents, v Lotus Awnings Enterprises, Inc., et al., defendants-respondents, L.B. 25, Inc., et al., appellants. (Index No. 19040/02)
| 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 January 21, 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
M11993
CF/
|
2004-00921 Mahmood Hassan, respondent, v Waqar Ahmad, etc., appellant. (Index No. 14895/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated December 2, 2003.
Upon the stipulation of the parties, dated May 18, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11996
J/sl
|
2003-10464 Lynna Honahan, et al., appellants, v Kib Woodbury Associates, LLC, respondent. (Index No. 28590/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated October 8, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 28, 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
M11997
J/sl
|
2003-11143
James Miller Marine Services, Inc., appellant, v MTW Check Cashing Corp., et al., respondents. (Index No. 14113/97)
| ORDER ON APPLICATION |
Application by the respondent SI Bank & Trust 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, Richmond County, dated November 7, 2003.
ORDERED that the application is granted and the time of the respondent SI Bank & Trust to serve and file a brief is enlarged until June 30, 2004, and that 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
M11985
CF/
|
2004-01586 Wayne McCraw, respondent, v Arnot Ogden Medical Center, appellant. (Index No. 28364/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Suffolk County, dated January 16, 2004.
Upon the stipulation of the parties, dated January 30, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12028
L/
|
2003-05115
Naber Electric Corporation, respondent, v Board of Education of City of Yonkers, defendant third-party plaintiff-appellant; Einhorn Yaffee Prescott Architects, third-party defendant-appellant, et al., third-party defendants. (Appeal No. 1) (Index No. 1614/01) 2003-05117 Richards Conditioning Corporation, respondent, v Board of Education of City of Yonkers, defendant third-party plaintiff-appellant; Einhorn Yaffee Prescott Architects, third-party defendants-appellants, et al., third-party defendants. Appeal No. 2) (Index No. 2731/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Board of Education of City of Yonkers, to withdraw appeals from two orders of the Supreme Court, Westchester County, both dated May 20, 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 by Board of Education of City of Yonkers are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11962
O/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-04260 Paradise Point Association, Inc., plaintiff, v Mary S. Zupa, defendant. (Index No. 22401/02)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal from an order of the Supreme Court, Suffolk County, dated May 11, 2004, and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that enforcement of the order is stayed pending hearing and determination of the appeal, or pending entry of judgment in the above-entitled action.
FLORIO, J.P., TOWNES, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11974
CF/
|
2004-01278 Ana Pelaez, respondent, v Home Depot U.S.A., Inc., appellant-respondent, Glen Waters Nursery, respondent-appellant. (Index No. 11532/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated January 30, 2004.
Upon the stipulation of the parties, dated May 3, 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
M11770
S/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-03030, 2004-01560
People of the State of New York, plaintiff- respondent, v Larry Delgado, defendant- respondent, Glen S. Hockley, appellant. (Index No. 20925/02) 2004-01429 In the Matter of Glen S. Hockley, petitioner, v Francis A. Nicolai, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Westchester County, dated February 26, 2003, and February 10, 2004, in a proceeding entitled People of the State of New York v Delgado, pending in the Supreme Court, Westchester County, under Index No. 20925/02, with a proceeding pursuant to CPLR article 78 pending in this court.
ORDERED that the branch of the motion which is to consolidate the proceeding with the appeal from the order dated February 26, 2003 (Appellate Division Docket No. 2003-03030), is denied as academic as that appeal was dismissed by decision and order on motion of this court dated February 6, 2004; and it is further,
ORDERED that the branch of the motion which is to consolidate the proceeding with the appeal from the order dated February 10, 2004 (Appellate Division Docket No. 2004-01560), is denied as academic in light of the determination of the proceeding (see Matter of Glen S. Hockley ______ AD3d_____ [2d Dept., June 1, 2004]).
H. MILLER, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11989
CF/
|
2003-07470 Wade Quashie, et al., respondents, v Misan Construction Corp., appellant. (Index No. 1018/00)
| 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 July 15, 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
M11983
CF/
|
2004-00645 Josephine Robinson, et al., plaintiffs, Adel Aziz, respondent, v Jewish Hospital & Medical Center of Brooklyn, appellant (and a third-party action). (Index No. 13936/77)
| 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 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
M11964
O/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2004-00893 Sears Mortgage Corporation, respondent, v Shahrokh R. Yaghobi, appellant, et al., defendants. (Index No. 7919/91)
| DECISION & ORDER ON MOTION |
Motion by the respondent for a preference in the calendaring of an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated November 18, 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.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11971
CF/
|
2004-00159 In the Matter of John J. Fitapelli, respondent, v Wendy Fitapelli, appellant. (Docket No. V-1768-99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an amended order of the Family Court, Nassau County, dated December 1, 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
M11988
E/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
|
2003-01450
In the Matter of Camilla Grant, respondent, v Donald Johnson, appellant. (Docket No. U-25373-00)
| DECISION & ORDER ON MOTION |
Appeal by Donald Johnson from an order of the Family Court, Kings County, dated September 27, 2002. By order to show cause dated April 30, 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 December 8, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated December 8, 2003 (see 22 NYCRR 670.4[5]).
ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11979
A/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-10842 In the Matter of Nicole J. (Anonymous). Dutchess County Department of Social Services, respondent; Ronald J. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-04053/03) In the Matter of Lisa J. (Anonymous). Dutchess County Department of Social Services, respondent; Ronald J. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-04054/03) In the Matter of Amanda J. (Anonymous). Dutchess County Department of Social Services, respondent; Ronald J. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-04055/03) In the Matter of Erika J. (Anonymous). Dutchess County Department of Social Services, respondent; Ronald J. (Anonymous), appellant. (Proceeding No. 4) (Docket No. N-04056/03)
| DECISION & ORDER ON MOTION |
Appeal by Ronald J. from an order of the Family Court, Dutchess County, dated November 5, 2003. By order to show cause dated March 19, 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 January 9, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 9, 2004 (see 22 NYCRR 670.4[a][5]).
ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11984
CF/
|
2003-09912 In the Matter of Margaret Lane, respondent, v Don Lane, appellant. (Docket No. F-01804-98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Westchester County, dated October 3, 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
M11990
E/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-00204
In the Matter of James Moore, appellant, v Veronica Wallace, respondent. (Docket No. V-12735/03)
| DECISION & ORDER ON MOTION |
Appeal by James Moore from an order of the Family Court, Kings County, dated December 8, 2003. By order to show cause dated April 30, 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 March 9, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated March 9, 2004 (see 22 NYCRR 670.4[5]).
FLORIO, J.P., TOWNES, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11963
Y/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-01929 In the Matter of Destiny Diamond Porsha N.-R. (Anonymous). Episcopal Social Services, respondent; Juliann C. N. (Anonymous), appellant. (Docket No. B-11796/01)
| DECISION & ORDER ON MOTION |
Appeal by Juliann C. N. from an order of the Family Court, Kings County, dated January 8, 2004. By order to show cause dated April 29, 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 March 17, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated March 17, 2004 (see 22 NYCRR 670.4[5]).
FLORIO, J.P., TOWNES, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12003
F/
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2001-08955 In the Matter of Natalie Pope, appellant, v Jonas Pope, respondent. (Docket No. V-7543-00)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that the decision and order on motion in the above-entitled case dated May 25, 2004, is recalled and vacated and the following decision and order on motion is substituted therefor:
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, Westchester County, dated September 19, 2001.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the Law Guardian Peter F. Sisca, Esq., Sisca & Sisca, P.C., 461 Westchester Avenue, Port Chester, New York 10573, 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:
Henry J. Neale, Jr., Esq.
222 Mamaroneck Avenue
White Plains, New York 10605
(914) 997-7575
FLORIO, J.P., ALTMAN, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11927
O/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-03320 In the Matter of Rudolph S. (Anonymous), appellant. (Docket No. D-5966-03)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, inter alia, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated April 1, 2004, to grant the appellant leave to prosecute the appeal as a poor person, to enlarge the time to perfect the appeal, for a preference in the calendaring of the appeal, and to stay enforcement of the order dated April 1, 2004, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branches of the motion which are to relieve assigned counsel and for the assignment of new counsel and to enlarge the time to perfect the appeal are granted, and former assigned 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:
Lewis S. Calderon, Esq.
90-50 Parsons Blvd., No. 405
Jamaica, New York 11432
(718) 883-1560
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 the branch of the motion which is for a preference in the calendaring of the appeal is granted and the appeal will be calendared when fully perfected; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11965
Y/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2003-10282 In the Matter of Gabriela Shafy, respondent, v Hector Barrios, appellant. (Docket No. F-2666/97)
| DECISION & ORDER ON MOTION |
Appeal by Hector Barrios from an order of the Family Court, Suffolk County, dated October 10, 2003. By order to show cause dated April 30, 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 January 5, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 5, 2004 (see 22 NYCRR 670.4[5]).
FLORIO, J.P., TOWNES, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11235
F/
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-03326
The People, etc., respondent, v Jessica Allen, appellant.
(Ind. No. 576-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered October 28, 2003, and for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to extend the time to take the appeal is granted; and it is further,
ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
ALTMAN, J.P., H. MILLER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11941
F/
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
1993-06426 The People, etc., appellant, v Chad Breland, respondent. (Ind. No. 93-00048)
| DECISION & ORDER ON MOTION Motion to Withdraw Appeal |
Motion by the appellant to withdraw an appeal from an order of the County Court, Orange County, dated August 16, 1993.
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 deemed withdrawn.
FLORIO, J.P., TOWNES, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11992
A/sl
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2002-10509 The People, etc., respondent, v David Brown, appellant. (Ind. No. 8807/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to compel the court stenographer to make, certify, and file a transcript of the stenographic minutes of the proceedings on an appeal from a judgment of the Supreme Court, Kings County, rendered November 8, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied without prejudice to renewal upon the appellant specifying the name of the court stenographer(s) who prepared the stenographic minutes in his renewed motion papers.
SMITH, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11940
F/
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-00398 The People, etc., respondent, v Robert Buss, appellant. (Ind. No. 56688/83)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a determination of the County Court, Nassau County, dated December 11, 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 denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Kings County, continues on appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., TOWNES, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11995
A/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2002-09176 The People, etc., respondent, v Jose Delgadillo, appellant. (Ind. No. 01-01271)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to file exhibits to a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered September 20, 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 as unnecessary as the proposed exhibits are part of the original papers constituting the record on the appeal.
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
02-A-5325
Sing Sing Correctional Facility
354 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M11975
A/sl
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2004-01353, 2004-01354
The People, etc., respondent, v Pedro Fernandez, a/k/a William Matias, appellant. (Ind. Nos. 5027/92, 5075/92)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeals from two purported judgments of the Supreme Court, Queens County, both rendered January 20, 2004, for leave to prosecute the appeals from the purported judgments as a poor person, and for the assignment of counsel. By order to show cause dated March 31, 2004, the appellant was ordered to show cause why an order should not be entered dismissing the appeal from the purported judgments on the ground that no appeals lie from the purported judgments, as the purported judgments are nothing more than proceedings to cause two judgments of the same court both rendered October 18, 1996, to be brought to execution (see People v Crawford, 239 AD2d 515), and the appellant's motion for leave to prosecute the appeals as a poor person and for the assignment of counsel was held in abeyance in the interim.
Now, on the court's own motion and upon the papers filed in support of the appellant's motion and no papers having been filed in response to the order to show cause, it is
ORDERED that appeals are dismissed; and it is further,
ORDERED that the appellant's motion for leave to prosecute the appeals as a poor person, and for the assignment of counsel, is denied as academic.
SMITH, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12026
S/sl
STEPHEN G. CRANE, J.
|
2004-04112, 2004-04113 The People, etc., respondent, v James Fricchione, appellant. (Ind. Nos. 2003-403, 2003-740)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of two judgments of the County Court, Orange County, both rendered April 22, 2004, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, execution of the judgment is stayed, and bail is set by the giving of an insurance company bail bond in the amount of $250,000 or by depositing the same sum as a cash bail alternative, upon the following conditions:
1. The appeal is to be perfected within 120 days of the date of this order 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;
2. The appellant and his wife shall surrender any passports they possess to the District Attorney of Orange County to be held by that official until determination of the appeal;
3. The appellant is not to leave the State of New York without prior notice to the District Attorney of Orange County and without obtaining in advance the permission of this court; and it is further,
ORDERED that this stay shall terminate and be of no further effect upon the violation by the appellant of any of the above conditions, or upon 120 days from the date hereof and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal shall have been brought to argument or submitted to this court, or unless this court shall have extended this order; 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 to continue the execution of sentence; and it is further,
ORDERED that the Warden of the facility at which the appellant is incarcerated, or his agent, is directed to immediately release the appellant upon receipt of this order and proof that bail has been posted and that the defendant and his wife have surrendered their passports to the District Attorney of Orange County in accordance herewith; and it is further,
ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken.
STEPHEN G. CRANE
Associate Justice
Appellate Division: Second Judicial Department
M11998
A/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
|
2002-03575 The People, etc., respondent, DECISION & ORDER v Fred Green, t/n Malik Watters, appellant. Motion pro se to R (Ind. No. 9866/00)
| ON MOTION elieve 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 April 11, 2002, and for assignment of new counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, without prejudice to the appellant filing a motion for leave to file a supplemental pro se brief, after assigned counsel perfects the appeal.
ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11939
F/
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-02167 The People, etc., respondent, v David Hawkins, appellant. (Ind. No. 2522/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a determination of the Supreme Court, Kings County, dated March 3, 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 denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Kings County, continues on appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., TOWNES, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11952
F/
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
1994-02933 The People, etc., respondent, v Manny Matos, appellant. (Ind. No. 4189/93)
| 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 March 14,1994.
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]).
FLORIO, J.P., TOWNES, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11955
F/
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
1994-02937 The People, etc., respondent, v Fitzgerald McBride, appellant. (Ind. No. 10539/93)
| 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 March 8, 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]).
FLORIO, J.P., TOWNES, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11954
F/
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
1994-00995 The People, etc., respondent, v Cornell Means, appellant. (Ind. No. 4571/93)
| 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 20, 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]).
FLORIO, J.P., TOWNES, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12002
F/
NANCY E. SMITH, J.
|
2004-03282
The People, etc., plaintiff, v James Morse, defendant. (Ind. No. 61/98)
| 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, Dutchess County, dated March 31, 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.
NANCY E. SMITH
Associate Justice
Appellate Division: Second Judicial Department
M11951
F/
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
1994-00984 The People, etc., respondent, v Gerardo Ortiz, appellant. (Ind. No. 5273/93)
| 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 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]).
FLORIO, J.P., TOWNES, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11943
F/
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2003-04424 The People, etc., respondent, v Manuel Quiribumbay, appellant. (Ind. No. 02-00269)
| 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, Rockland County, rendered May 8, 2003.
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]).
FLORIO, J.P., TOWNES, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11948
F/
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
1994-02929 The People, etc., respondent, v Sammy Rivera, appellant. (Ind. No. 13342/92)
| 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 22, 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]).
FLORIO, J.P., TOWNES, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11945
F/
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
1994-01558 The People, etc., respondent, v Virgil Rivers, appellant. (Ind. No. 2606/92)
| 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 28, 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]).
FLORIO, J.P., TOWNES, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11946
F/
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
1994-04640 The People, etc., respondent, v Michael Russel, appellant. (Ind. No. 8125/93)
| 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 April 28, 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]).
FLORIO, J.P., TOWNES, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11949
F/
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
1994-04423 The People, etc., respondent, v Darrell Simms, a/k/a Carlton Luck, appellant. (Ind. No. 10928/92)
| 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 4, 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]).
FLORIO, J.P., TOWNES, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12044
S/sl
THOMAS A. ADAMS, J.
|
2004-00871 The People, etc., respondent, v Timothy Sweeney, appellant. (Ind. No. 659/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue his prior motion pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Nassau County, rendered January 29, 2004, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail, which was determined by me in a decision and order on motion dated March 5, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to reargue is granted, and upon reargument, it is
ORDERED that the decision and order on motion dated March 5, 2004, is recalled and vacated; and it is further,
ORDERED that the motion pursuant to CPL 460.50 is granted and execution of the judgment is stayed, and bail is set by the giving of an insurance company bail bond in the amount of $75,000 or by depositing the same sum as a cash bail alternative, upon the following conditions:
1. The appeal is to be perfected within 120 days of the date of this order 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;
2. The appellant shall surrender any passports he possesses to the District Attorney of Nassau County to be held by that official until determination of the appeal; and it is further,
ORDERED that this stay shall terminate and be of no further effect upon the violation by the appellant of any of the above conditions, or upon 120 days from the date hereof and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal shall have been brought to argument or submitted to this court, or unless this court shall have extended this order; 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 to begin the execution of sentence; and it is further,
ORDERED that the Warden of the facility at which the appellant is incarcerated, or his agent, is directed to immediately release the appellant upon receipt of this order and proof that bail has been posted and that the defendant has surrendered his passport(s) to the District Attorney of Nassau County in accordance herewith; and it is further,
ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken.
THOMAS A. ADAMS
Associate Justice
Appellate Division: Second Judicial Department
M11942
F/
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
1994-06590
The People, etc., appellant, v Robin Tanner, respondent. (Ind. No. 94-00040)
| DECISION & ORDER ON MOTION Motion to Withdraw Appeal |
Motion by the appellant to withdraw an appeal from an order of the County Court, Orange County, dated July 6, 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 deemed withdrawn.
FLORIO, J.P., TOWNES, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11986
A/sl
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-02820 The People, etc., respondent, v Gregory Tate, appellant. (Ind. No. 1127/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to compel the court stenographer to make, certify, and file a transcript of the stenographic minutes of the proceedings on an appeal from a judgment of the Supreme Court, Queens County, rendered March 27, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied without prejudice to renewal upon the appellant specifying the name of the court stenographer(s) who prepared the stenographic minutes in his renewed motion papers.
SMITH, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11950
F/
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
1993-06649 The People, etc., respondent, v Thomas Webb, appellant. (Ind. No. 5564/92)
| 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 September 10, 1993.
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]).
FLORIO, J.P., TOWNES, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11999
A/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
|
2001-05681
The People, etc., respondent, v Gary White, appellant. (Ind. No. 4449/00)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered May 30, 2001.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before August 6, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court