Appellate Division: Second Judicial Department
M12278
O/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2002-09904, 2003-00271 County of Nassau, respondent, v Robert Spinelli, appellant. (Index No. 10578/02)
| DECISION & ORDER ON MOTION |
Appeals by Robert Spinelli from two orders of the Supreme Court, Nassau County, dated September 9, 2002, and December 13, 2002, respectively. By decision and order on motion of this court dated March 31, 2004, the appellant's time to perfect the appeals was enlarged until April 30, 2004. The appeals have not been perfected.
Now, on the court's own motion, it is
ORDERED that the appeals are dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the decision and order on motion of this court dated March 31, 2004.
H. MILLER, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10983
E/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
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2003-04344 405 44th Street Realty Co., respondent, v 168 Fortune Realty, Inc., et al., defendants; Naftoli Weber, nonparty-appellant. (Index No. 23960/01)
| DECISION & ORDER ON MOTION |
Motion by Sunset Gardens Housing Corporation on an appeal from an order of the Supreme Court, Kings County, dated April 1, 2003, for leave to intervene on the appeal, to dismiss the appeal as academic, or alternatively, to enlarge the record on appeal to include a certain affidavit dated April 1, 2004. Application by the respondent to enlarge the time to serve and file a brief on the appeal.
Upon the papers filed in support of the motion and application and the papers filed in opposition and relation thereto, it is
ORDERED that the branch of the motion which is for leave to intervene is granted; and it is further,
ORDERED that Sunset Gardens Housing Corporation shall serve and file its brief on or before July 7, 2004; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 7, 2004, and its brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
KRAUSMAN, J.P., LUCIANO, COZIER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12294
CF/
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2004-02910 Georgina Gracia, et al., appellants-respondents, v Miller/Zell, Inc., respondent, Trae Seely, Inc., d/b/a Seely Installations, respondent-appellant. (Index No. 36120/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Kings County, dated February 25, 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10699
C/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2003-00773, 2003-07328 Jim Jones, et al., respondents-appellants, v Anne Fried, et al., respondents, Seco Engineering and Construction, Inc., appellant-respondent, et al., defendants. (Index No. 910/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on appeals and cross appeals from an order of the Supreme Court, Kings County, dated December 4, 2002, and a judgment of the same court, entered July 9, 2003, to strike stated portions of the brief of the respondents-appellants on the appeal and cross appeal from the judgment and to dismiss the cross appeal from the judgment insofar as asserted against it.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal and cross appeal from the order shall be heard together with the appeal and cross appeal from the judgment; and it is further,
ORDERED that the motion is referred to the bench hearing the appeals and cross appeals for determination upon the argument or submission thereof.
SANTUCCI, J.P., SCHMIDT, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12254
R/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
STEPHEN G. CRANE, JJ.
|
2002-09569 Ivett Molina, etc., et al., respondents, v Patricia Belasquez, appellant.
(Index No. 10100/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated July 18, 2002, which was determined by decision and order of this court dated November 17, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12281
CF/
|
2003-09287 Daniel G. O'Sullivan, respondent, v Minjae Kim, et al., defendants, Byron S. Murrago, appellant. (Index No. 2609/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 21, 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
M12230
Y/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-02817 Joseph A. Owen, respondent, v Jerome R. Halperin, appellant. (Index No. 4895/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in an action entitled Owen v Halperin, pending in Supreme Court, Rockland County, under Index Number 1260/04, pending hearing and determination of an appeal from an order of the Supreme Court, Orange County, dated February 18, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and all proceedings in the action entitled Owen v Halperin, pending in Supreme Court, Rockland County, under Index Number 1260/04, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 6, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 6, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
FLORIO, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12296
PL/sl
|
2003-10413
Adriana Petty, et al., appellants-respondents, v Barbara Pilgrim, etc., respondent-appellant, et al., respondents. (Index No. 38431/99)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 1, 2003.
ORDERED that the application is granted and the respondent-appellant's time to serve and file a brief is enlarged until August 16, 2004, and the respondent-appellant's brief, including her points of argument on the cross appeal, must be served and filed on or before that date (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12272
O/sl
DAVID S. RITTER, J.P.
MYRIAM J. ALTMAN
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-02455 Wilfredo Santiago, appellant, v Bernard Farkas, respondent. (Index No. 5481/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Rockland County, dated November 26, 2003, on the ground that the appeal was untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements.
RITTER, J.P., ALTMAN, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12277
C/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-00303 Arlene Schulman, etc., et al., appellants, v Israel Jacobowitz, etc., et al., respondents. (Index No. 19836/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated November 5, 2003, inter alia, for leave to omit certain exhibits from the record on 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 omit from the record on appeal those pages of the medical records which were entered into evidence at the hearing is denied; and it is further,
ORDERED that the branch of the motion which is for leave to omit from the record on appeal those pages of the medical records which were not entered into evidence at the hearing is denied as unnecessary, as those pages are not part of the record on appeal; 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
Appellate Division: Second Judicial Department
M12308
L/
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-02416
Paul Tobias, plaintiff-respondent, v DiFazio Electric, Inc., et al., defendants- respondents, Grumman Aerospace Corporation, defendant third-party plaintiff-respondent; J.M. Dennis Construction Co., third-party defendant-appellant, Whitson Food Services Company, third-party defendant-respondent. (Index Nos. 24820/96, 3255/98)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 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 deemed withdrawn, without costs or disbursements.
SMITH, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12253
R/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
GLORIA GOLDSTEIN, JJ.
|
2002-07682 Randolph Wayloo, appellant, v Mohammed J. Sheikh, et al., respondents.
(Index No. 4710/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated December 15, 2003, which determined an appeal from an order of the Supreme Court, Queens County, dated June 21, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12282
CF/
|
2004-03657 Desmond Wooten, respondent, v Christian Dubreuil, appellant. (Index No. 10002/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 11, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12280
CF/
|
2003-11178 Kazimierz Zagorski, et al., respondents, v CS Greene Street Holding, LP, et al.,defendants second third-party plaintiffs-respondents-appellants, Eurostruct, Inc., defendant third-party plaintiff- respondent-appellant; Helmut Lang Retail, U.S.A., LLC., second third-party defendant-appellant- respondent (and other third-party actions). (Index No. 44239/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant Eurostruct, Inc., to withdraw a cross appeal from an order of the Supreme Court, Kings County, dated November 12, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the cross appeal by Eurostruct, Inc. is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12292
CF/
|
2003-11060 Steven P. Zizic, respondent, v Alissa R. Abbey, defendant, U-Haul International, Inc., appellant. (Index No. 32662/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 30, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12147
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
1992-01150
In the Matter of Paul A. Bartolotta, admitted as Paul Anthony Bartolotta, a disbarred attorney.
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, Paul A. Bartolotta, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 7, 1977, under the name Paul Anthony Bartolotta. By an opinion and order of this court dated February 4, 1985, he was disbarred upon his conviction, after a jury trial, of perjury in the first degree. By subsequent decisions and orders of this court dated May 12, 1992, June 11, 1993, May 16, 1994, April 2, 1996, November 6, 1997, and June 4, 1998, his six previous applications for reinstatement were denied.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is denied.
We find that the petitioner does not demonstrate the requisite fitness and character to practice law.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12279
CF/
|
2003-08855 In the Matter of County of Nassau, appellant, v Civil Service Employees Association, Inc., et al., respondents. (Index No. 8515/03)
| 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 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
M12293
CF/
|
2004-02277 In the Matter of Paul S. Forster, appellant, v Patricia Forster, respondent. (Docket No. O-5423-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Richmond County, dated February 5, 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
M12182
A/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-03321
In the Matter of Anthony G. (Anonymous), Jr. Administration for Children's Services, et al., petitioners-respondents; Luz S. (Anonymous), appellant, et al., respondents. (Docket No. B-1880/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
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 March 26, 2004, to grant the appellant leave to prosecute the appeal as a poor person, 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 or relation thereto, it is
ORDERED that the branches of the motion which are to relieve counsel assigned by the Family Court, Kings County, for the assignment of new counsel, and for leave to prosecute the appeal as a poor person are granted; and it is further,
ORDERED that counsel assigned by the Family Court is relieved from representing the appellant on the 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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Peter H. Daily, Esq.
420 Riverside Drive, Suite 2E
New York, New York 10025
(212) 678-6238
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 motion is otherwise denied.
FLORIO, J.P., TOWNES, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12153
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
1992-00259
In the Matter of Bruce A. Glubin, admitted as Bruce Allan Glubin, a disbarred attorney.
| DECISION & ORDER ON APPLICATION FOR REINSTATEMENT |
Application by the respondent, Bruce A. Glubin, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 7, 1975, under the name Bruce Allan Glubin. By opinion and order of this court dated April 13, 1992, he was disbarred upon his resignation. By decision and order on motion of this court dated October 12, 1994, his motion to vacate or modify the aforementioned opinion and order and to reinstate him to the practice of law was denied. By subsequent decision and order on application of this court dated March 23, 1999, his first application for reinstatement was denied. By further decision and order of this court dated June 9, 2003, his second application for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report on his current fitness to be an attorney including, but not limited to, the submission of his 2002 income tax return, if filed.
Upon the papers filed in support of the application and the papers filed in response thereto, it is
ORDERED that the application is granted; and it is further,
ORDERED that, effective immediately, the respondent is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Bruce A. Glubin, admitted as Bruce Allan Glubin, to the roll of attorneys and counselors-at-law.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12162
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
1990-03486
In the Matter of Terry D. Grosselfinger, a disbarred attorney.
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, Terry D. Grosselfinger, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 5, 1978. By opinion and order of this court dated April 15, 1991, he was disbarred upon his resignation.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney including, but not limited to, the unsatisfied judgments against him, whether he filed an affidavit of compliance with the court, his failure to submit letters of employment from his employers prior to 1992, and the submission of his 2003 income tax return, if filed.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12167
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
STEPHEN G. CRANE, JJ.
|
1990-05203
In the Matter of Andrew J. Jenkins, a disbarred attorney.
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, Andrew J. Jenkins, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 6, 1974. By opinion and order of this court dated October 7, 1991, he was disbarred upon his conviction of serious crimes. By decision and order of this court dated March 28, 2000, his first application for reinstatement was denied.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is denied.
We find that the respondent does not demonstrate the requisite fitness and character to practice law.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12276
O/sl
DAVID S. RITTER, J.P.
MYRIAM J. ALTMAN
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2003-06707 In the Matter of Cynthia Knapp, respondent, v Herbert Runyon, appellant. (Docket No. F-3432/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from an order of the Family Court, Dutchess County, dated June 17, 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 on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the appellant's objections to the final order of a support magistrate were not reviewed by the Family Court, Dutchess County (see Family Court Act § 439[e]); and it is further,
ORDERED that the motion is denied as academic.
RITTER, J.P., ALTMAN, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12309
F/
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-00829 In the Matter of Lina Catalina R. (Anonymous). Suffolk County Department of Social Services, respondent; Leonaldo R. (Anonymous), appellant. (Docket Nos. B-2959-03, B-2960-03)
| 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 24, 2004, is recalled and vacated and the following decision and order on motion is substituted therefor:
Motions by the counsel assigned to represent the appellant in a proceeding before the Family Court, Suffolk County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Suffolk County, dated January 22, 2004, and for leave to the appellant prosecute the appeal as a poor person.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, the notice of appeal from a decision of the same court dated January 12, 2004, is deemed to be a premature notice of appeal from the order dated January 22, 2004 (see CPLR 5520[c]); and it is further,
ORDERED that the motions are granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Janessa Trotto, Esq.
49 Main Street - Suite 2
Sayville, New York 11782
(631) 897-3410
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
SANTUCCI, J.P., SMITH, CRANE, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12322
M/nal
|
2003-09593, 2003-09596 In the Matter of Darrin S. (Anonymous), appellant. (Docket No. D-9510/02)
| SCHEDULING ORDER |
Appeals by the juvenile from two orders of the Family Court, Suffolk County, dated September 17, 2003, and September 29, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on April 9, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until July 6, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12172
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
SONDRA MILLER, JJ.
|
2001-03562
In the Matter of Darren M. Shapiro, admitted as Darren Mel Shapiro, a suspended attorney.
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, Darren M. Shapiro, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated October 28, 2002, he was suspended from the practice of law for a period of one year upon his conviction of a serious crime. By decision and order on motion of this court dated November 25, 2003, his motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness for an investigation and report on his current fitness to be an attorney. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 27, 1999, under the name Darren Mel Shapiro.
Upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that, effective immediately, the respondent is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Darren M. Shapiro, admitted as Darren Mel Shapiro, to the roll of attorneys and counselors-at-law.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and S. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12251
F/
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2002-08135 The People, etc., respondent, v Hasan Brown, appellant. (Ind. No. 1660/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to relieve assigned counsel and for the assignment of new counsel to prosecute an appeal from a judgment of the County Court, Nassau County, rendered July 24, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., CRANE, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12258
F/
GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-06644
The People, etc., respondent, v Oral Eastman, appellant. (Ind. No. 92/03)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered July 9, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12271
F/
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-09874
The People, etc., respondent, v Nehemiah Rolle, appellant.
(Ind. No. 1677/02)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment |
Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Nassau County, rendered September 19, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated in or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Marianne Karas, Esq.
Box 277
Armonk, New York 10504
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
FLORIO, J.P., CRANE, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 R 5191
Mohawk Corr. Fac.
6100 School Road - Box 8450
Rome, New York 13440
Appellate Division: Second Judicial Department
M12259
F/
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
1998-08658 The People, etc., respondent, v Adrian Salas, appellant. (Ind. No. 9717/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered September 21, 1998, 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.
FLORIO, J.P., CRANE, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
98 R 6819
Otisville Corr. Fac.
Box 8
Otisville, New York 10963
Appellate Division: Second Judicial Department
M12268
F/
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A, LIFSON, JJ.
|
2003-08929
The People, etc., respondent, v Anthony Silas, appellant.
(Ind. No. 2459/00)
| 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 October 3, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Michael O'Brien, Esq.
17 Woodgreen Way
Laurel Hollow, New York 11791-1305
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.
FLORIO, J.P., CRANE, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 R 3486
Oneida Corr. Fac.
Box 4580
Rome, New York 13442
Appellate Division: Second Judicial Department
M12250
F/
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2001-11010, 2002-01443 The People, etc., respondent, v Tyrone Sutton, appellant. (Ind. Nos. 223/01, 11472/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to relieve assigned counsel and for the assignment of new counsel to prosecute appeals from two judgments of the Supreme Court, Kings County, both rendered November 30, 2001.
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., CRANE, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12314
M/nal
GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-09486 The People, etc., respondent, v Bashun Taylor, appellant. (Ind. No. 4236/02)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Queens County, rendered October 22, 2003.
On the court's own motion it is
ORDERED that the appeal taken under Appellate Division Docket No. 2003-09486 is dismissed, without costs or disbursements, as a duplicate of an appeal taken from the same judgment and pending under Appellate Division Docket No. 2003-09325.
GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12264
R/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-05880 The People, etc., respondent, v Elvin Thomas, appellant. (Ind. No. 455/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Nassau County, rendered July 1, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until June 22, 2004, and the respondent's brief must be served and filed on or before that date.
FLORIO, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12269
F/
GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-03771
The People, etc., respondent, v Ivory Washington, appellant.
(Ind. No. 712/03)
| 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 April 21, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is 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:
Alan Katz, Esq.
734 Franklin Avenue - Suite 227
Garden City, New York 11530
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.
GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, 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