Appellate Division: Second Judicial Department
M12826
S/sl
|
2003-08002
Colleen R. Ayers, respondent, v Tina Wooten, et al., appellants. (Index No. 12839/02)
| 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, Nassau County, dated June 27, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 12, 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
M12787
CF/
|
2004-02599 Marianne Belcastro, respondent, v Rivcka Edelstein, appellant. (Index No. 22326/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 27, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M12797
CF/
|
2004-01014 Pradeep Bhashyam, et al., respondents, v Joy Marks, et al., appellants. (Index No. 6011/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated January 7, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M12810
R/sl
THOMAS A. ADAMS, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-04869 Jeen Blake, plaintiff-respondent, v FNB Citris, et al., appellants, Kareen Yarde, et al., defendants-respondents. (Index No. 28790/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the damages trial in the above-entitled action pending hearing and determination of an appeal from a transcript of the Supreme Court, Kings County, dated June 4, 2004.
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, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,
ORDERED that the motion is denied as academic.
ADAMS, J.P., TOWNES, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12795
CF/
|
2004-01135 Frank Bomba, appellant, v Karen A. Hughes, et al., respondents. (Index No. 4190/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated January 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
M12858
S/sl
THOMAS A. ADAMS, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-04157 Pamela Brandes, etc., respondent, v North Shore University Hospital, et al., appellants, et al., defendants. (Index No. 5965/97)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the enforcement of an order of the Supreme Court, Queens County, dated March 26, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., TOWNES, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12822
J/nal
|
2004-00850
Colin Campbell, appellant, v City of Glen Cove, respondent, et al., defendant. (Index No. 4223/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated November 3, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 20, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12855
C/sl
THOMAS A. ADAMS, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-06648 Janet Chang, appellant, v First American Title Insurance Company of New York, et al., respondents. (Index No. 4927/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents First American Title Insurance Company of New York and Dollinger, Gonski, Grossman, Permut & Hirschhorn to dismiss an appeal from an order of the Supreme Court, Queens County, dated May 21, 2003, on the ground that the appellant has not filed a proper appendix, or to direct the appellant to assemble a proper appendix.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., TOWNES, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12862
S/sl
|
2004-00057
Philomena Contreras, respondent, v Juan Blanco, et al., appellants. (Index No. 8230/02)
| 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, Kings County, dated November 6, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 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
M12807
R/sl
THOMAS A. ADAMS, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-01540 John Contu, et al., respondents, v Peter S. Albert, etc., et al., defendants, Staten Island University Hospital, appellant.
(Index No. 13098/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated October 28, 2003.
Upon the papers filed in support of the motion and upon the stipulation of the parties, it is
ORDERED that the motion is granted and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 19, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 19, 2004, the court, on its own motion, may vacate the stay.
ADAMS, J.P., TOWNES, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12635
A/nal
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2004-04123, 2004-04125
Richard A. Costa, et al., respondents- appellants, v Racer Development Corp., et al., appellants-respondents. (Index No. 4190/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents on appeals and cross appeals from two orders of the Supreme Court, Westchester County, entered November 19, 2003, and April 2, 2004, respectively, to stay all proceedings in the above-entitled action, pending hearing and determination of the appeals and cross appeals, and for a preference in the calendaring of the appeals and the cross appeals.
Upon the papers submitted 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 and the cross appeal from the order entered April 2, 2004, are dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,
ORDERED that the motion is denied.
ALTMAN, J.P., H. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12818
Y/sl
THOMAS A. ADAMS, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-04921 DeLalio Sod Farms, Inc., plaintiff, v Town Board of the Town of Riverhead, defendant. (Index No. 3707/04)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated June 1, 2004, and to stay enforcement of the order pending the 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 pending the hearing and determination of the appeal, enforcement of the order is stayed.
ADAMS, J.P., TOWNES, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12805
R/sl
THOMAS A. ADAMS, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-02246 Alicia Campis Dominguez, et al., respondents, v Ronald DiMasi, et al., appellants. (Index No. 27182/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated February 17, 2004, and cross motion by the respondents to strike the appellants' reply brief on the ground that it raises arguments not raised in the appellants' main brief.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are denied.
ADAMS, J.P., TOWNES, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12830
PL/sl
|
2004-00079
Menachem Edelman, etc., et al., respondents, v Agnes Credille, et al., appellants. (Index No. 8047/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated September 17, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 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
M12865
CF/
|
2004-01266 Emma Faiella, respondent, v Wal-Mart Stores, Inc., d/b/a Sam's Club, appellant. (Index No. 13379/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 26, 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
M12828
Y/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-11036
Eva Ferro, appellant, v William Ferro, respondent.
(Index No. 26785/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue her prior motion to stay enforcement of stated portions of a judgment of the Supreme Court, Queens County, dated October 27, 2003, pending hearing and determination of an appeal therefrom, which was denied by decision and order on motion of this court dated April 28, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied, with a $100 costs.
ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12832
Y/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-03957 Nellie Frieden, respondent, v David Frieden, appellant. (Index No. 7351/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay the hearing on the issues of child support and visitation in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated March 9, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appeal from so much of the order as directed a hearing to aid in the disposition of a motion and cross motion is dismissed, without costs or disbursements, as no appeal lies as of right from that portion of the order (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal.
RITTER, J.P., GOLDSTEIN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12827
S/sl
|
2004-00181
Alberto Fuentes, et al., appellants, v County of Nassau, et al., respondents. (Index No. 7445/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated December 1, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 21, 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
M12789
CF/
|
2004-02910 Georgina Gracia, et al., appellants, v Miller/Zell, Inc., et al., respondents. (Index No. 36120/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12796
CF/
|
2004-03142 Qi "Michael" He, appellant, v John Taddeo, et al., respondents. (Index No. 17457/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated 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
M12815
Y/nal
THOMAS A. ADAMS, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-06713, 2004-00984
Ira Hochman, et al., respondents, v Robert LaRea, et al., appellants. (Index No. 15522/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, entered May 29, 2003, and October 14, 2003, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., TOWNES, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12833
L/
SONDRA MILLER, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-09600
Tonya Johnson, respondent, v Robyn A. Weinstein, defendant third-party plaintiff-appellant; Carmen Rosario, third- party defendant-respondent. (Action No. 1) (Index No. 18548/00) Carmen Rosario, respondent, v Robyn A. Weinstein, appellant. (Action No. 2) (Index No. 18217/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 13, 2003.
Upon the stipulation of the attorneys for the respective parties, dated May 20, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
S. MILLER, J.P., ADAMS, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12864
CF/
|
2004-01131 James Jorgensen, et al., respondents, v R.A.F. Services, Inc., et al., defendants, Vincent Parrotta, et al., appellants. (Index No. 10625/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated December 19, 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
M12835
S/sl
FRED T. SANTUCCI, J.P.
SONDRA MILLER
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2003-02067
Alan D. Kucker, et al., appellants, v Kaminsky & Rich, etc., et al., respondents, et al., defendants. (Index No. 21640/02)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiffs from an order of the Supreme Court, Westchester County, dated February 6, 2003, which was determined by decision and order of this court dated May 3, 2004. The decision and order of this court directed counsel for the parties to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against them pursuant to 22 NYCRR 130-1.1(c) as this court may deem appropriate.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, Kucker & Bruh, LLP, counsel for the appellants, shall pay a sanction in the sum of $1500 to the Lawyers' Fund for Client Protection (see 22 NYCRR 130-1.1[b]; 130-1.3); and it is further,
ORDERED that within 20 days after service of a copy of this decision and order on motion it, Kucker & Bruh, LLP, counsel for the appellants, shall pay to Kaminsky & Rich, counsel for the respondents, the sum of $3,500, representing the reasonable costs and attorneys' fees of the respondent in defending the appeal (see 22 NYCRR 130-1.1[b]); and it is further,
ORDERED that the Clerk of the Supreme Court, Westchster County, shall enter judgments accordingly (see 22 NYCRR 130-1.2); and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion upon counsel for the parties by regular mail; and it is further,
ORDERED that within 10 days after payment of the sanction, costs, and attorneys' fees, counsel for the appellants shall file proof of such payment with the Clerk of this court.
In the decision and order determining the appeals we stated that the appellants advanced arguments "that appear to be 'completely without merit in law or fact and cannot be supported by a reasonable argument for an extension, modification or reversal of existing law' and their conduct throughout this litigation appears to have been intended primarily to harass the defendants (22 NYCRR 130-1.1[c][1], [2])" (see Kucker v Kaminsky & Rich, AD3d [2d Dept., May 3, 2004]). In their papers in response to the order to show cause the appellants fail to provide any basis for this court to conclude that their actions in proceeding with the appeals were anything but frivolous. Accordingly, for the reasons set forth in the decision and order dated May 3, 2004 (see Kucker v Kaminsky & Rich, id.), and upon the papers filed in response to the order to show cause, the impositition of a sanction, costs, and attorneys' fees in the amount set forth above is appropriate.
SANTUCCI, J.P., S. MILLER, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12834
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-03552
Valerie A. Loretta, respondent, v DaimlerChrysler Corporation, appellant, et al., defendants.
(Index No. 9506/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 19, 2003.
Upon the stipulation of the attorneys for the respective parties, dated February 28, 2004 and June 7, 2004, respectively, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10644
S/nal
|
2003-09812
Joseph A. Moscato, plaintiff-respondent, v Deidre A. Williams, defendant third-party plaintiff-respondent, et al., defendant; Peter Schwarz, et al., third-party defendants-appellants. (Index No. 14474/97)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an interlocutory judgment of the Supreme Court, Suffolk County, dated November 22, 2002.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 13, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12790
CF/
|
2004-01313 Anthony Peragine, respondent, v Waldbaum, Inc., s/h/a Waldbaum's Supermarket, appellant. (Index No. 9366/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated January 27, 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
M12792
CF/
|
2004-02056 Carl J. Pichichero, Jr., respondent, v Long Island Lighting Company, appellant. (Index No. 18899/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 30, 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
M12794
CF/
|
2004-01061 Reliable Electric of Staten Island, Inc., appellant, v Block 7120 Holding Corp., respondent. (Index No. 13170/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond 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
M12825
S/sl
|
2003-07244
Oof Shater, et al., appellants, v 954 McDonald Avenue Real Estate Corp., et al., respondents, et al., defendants.
(Index No. 8770/94)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated June 13, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 6, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12816
E/nal
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-00349
Darren Staton, appellant, v State of New York, respondent. (Claim No. 103426)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Court of Claims, dated November 20, 2003, for leave to reargue those branches of his motion which were for a free transcript, waiver of the filing fee, 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.
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12846
CF/
|
2003-07618 Evelyn Tomkins, et al., plaintiffs-respondents, v Rudy Armstrong, defendant-respondent, City of New York, appellant. (Index No. 27957/00)
| 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 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
M12861
CF/
|
2004-00076 Sabina Uddin, et al., respondents, v New York City Transit Authority, appellant. (Index No. 32944/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 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
M12793
CF/
|
2003-08503 Sheldon M. Weiss, respondent, v Weinreb & Weinreb, et al., appellants. (Index No. 13438/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, dated August 8, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12848
CF/
|
2003-10619 Yu Lin Chang, appellant, v JPM Trucking, Inc., et al., respondents. (Index No. 21804/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Queens County, entered November 12, 2003.
Upon the stipulation of the parties, dated May 11, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12817
J/nal
|
2003-09302
In the Matter of Thomas Carvel, deceased. Betty Godley, et al., respondents; Thomas and Agnes Carvel Foundation, appellant- respondent; Pamela Carvel, etc., et al., respondents-appellants. (Index No. 3285/90)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Westchester County, dated September 9, 2003.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until August 16, 2004, and the joint record or joint appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12801
E/sl
THOMAS A. ADAMS, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-04494 In the Matter of Garfield Chance, respondent, v Sherrie Madoo, appellant.
(Index No. V-14483/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to appeal from an order of the Family Court, Kings County, dated May 21, 2004, to stay enforcement of the order pending hearing and determination of the appeal, 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 branches of the motion which are for leave to appeal and to stay enforcement of the order are granted; and it further,
ORDERED that enforcement of the order dated May 21, 2004, is stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied with leave to renew on or before July 12, 2004, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income; and it is further,
ORDERED that the motion is otherwise denied.
ADAMS, J.P., TOWNES, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12786
CF/
|
2003-11082 In the Matter of Eric D. (Anonymous). Orange County Department of Social Services, appellant; Robert M. (Anonymous), respondent. (Docket No. B-3026-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Orange County, dated November 7, 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
M12813
R/sl
THOMAS A. ADAMS, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-01736 In the Matter of Albert DeSousa, appellant, v Department of Social Services, o/b/o Susan DeSousa, respondent. (Docket No. F-415-80)
| DECISION & ORDER ON MOTION |
Appeal by Albert DeSousa from an order of the Family Court, Suffolk County, dated January 28, 2004. By order to show cause dated May 20, 2004, issued pursuant to 22 NYCRR 670.4(a)(5), 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 based on the appellant's failure to comply with a scheduling order dated March 10, 2004, as amended by decision and order dated April 21, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
Upon the court's own motion, and upon the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied, and it is further,
ORDERED that pursuant to 22 NYCRR 670.4(a)(3), the scheduling order dated March 10, 2004, as amended by decision and order dated April 21, 2004, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until July 19, 2004; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., TOWNES, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12860
S/sl
|
2004-00036
In the Matter of Howard R. Glass, deceased. Kathleen Glass, appellant; Tasha Irwin, etc., respondent. (File No. 612/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Orange County, dated December 4, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 23, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12829
Y/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2004-02254
In the Matter of Angelique Marie J. (Anonymous). Katherine J. (Anonymous), appellant; Little Flower Children's Services, respondent. (Docket No. B-2097/99)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated August 29, 2003, and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition to or in relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before July 2, 2004 by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before August 2, 2004, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
ALTMAN, J.P., H. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12857
C/sl
THOMAS A. ADAMS, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-01923 In the Matter of Leroy Joyner, appellant, v Sheila Joyner, respondent. (Docket No. F-2010-98)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, dated February 9, 2004, for leave to reargue a motion for leave to prosecute the appeal as a poor person, and for the asisignment of counsel, which was determined by decision and order on motion of this court dated May 4, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., TOWNES, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12788
CF/
|
2004-03862
In the Matter of Shariaf M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Rosina Y. (Anonymous), respondent-respondent; Jayne Ann McPartlin, non-party appellant. In the Matter of Ismael Y. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Rosina Y. (Anonymous), respondent-respondent; Jayne Ann McPartlin, non-party appellant. (Docket Nos. N-607-99, N-608-99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated March 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12831
S/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-03887, 2004-03889, 2004-03891 In the Matter of Gia Melikishvili, respondent, v Ketevan Grigolava, appellant. (Docket Nos. V-04251-01, V-14040-99)
| DECISION & ORDER ON MOTION |
Appeals by Ketevan Grigolava from three orders of the Family Court, Queens County, all dated April 2, 2004.
Now, on the court's own motion, it is
ORDERED that the appellant's notice of appeal is treated as an application for leave to appeal to this court, and leave to appeal is granted (see CPLR 5701[c]).
FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12642
A/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-00154 In the Matter of Joseph S. (Anonymous). Alan F. Fay, et al., respondents; Juanita K. S. (Anonymous), appellant. (Index No. 18133/03)
| DECISION & ORDER ON MOTION |
Motion by Cahill & Cahill, P.C., the attorneys for the appellant, for leave to withdraw as counsel on an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated November 25, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and Cahill & Cahill, P.C., is relieved from representing the appellant with respect to the instant appeal; and it is further,
ORDERED that on or before July 9, 2004, Cahill & Cahill, P.C. is directed to serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,
ORDERED that no further proceedings shall be taken against the appellant, without leave of the court, until the expiration of 30 days after service upon her of a copy of this decision and order; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until August 13, 2004.
SANTUCCI, J.P., GOLDSTEIN, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial DepartmentM12798
CF/
|
2004-00035
In the Matter of Christopher W. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kathleen W. (Anonymous), appellant; et al., respondents. (Proceeding No. 1) In the Matter of Destiny R. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kathleen W. (Anonymous), appellant; et al., respondents. (Proceeding No. 2)
In the Matter of Michael R. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kathleen W. (Anonymous), appellant; et al., respondents. (Proceeding No. 3)
(Docket Nos. NN-3669/03, NN-3670/03, NN-3671/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Orange County, dated October 31, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12811
E/nal
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2002-11254
In the Matter of Ruth Williams, appellant, v Lewis Finch, a/k/a Claude Wallis Williams respondent. (Docket Nos. P-8381/01, P-8382/01)
| DECISION & ORDER ON MOTION |
Motion by the Law Guardian on an appeal from an order of the Family Court, Kings County, dated November 19, 2002, for leave to reargue her motion, inter alia, to dismiss the appeal on the ground that subsequent proceedings in the Family Court have rendered the appeal academic.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the Law Guardian's time to serve and file a brief is enlarged until July 12, 2004, and the 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.
SMITH, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12774
F/
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
|
2004-02578 The People, etc., respondent, v Stephan Boykin, appellant. (Ind. No. 03-00721)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered February 27, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the 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:
Philip C. Schiffman, Esq.
11 East Main Street
P.O. Box 128
Washingtonville, New York 10992
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.
KRAUSMAN, J.P., LUCIANO, COZIER, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 1163
Five Points Corr. Fac.
Caller Box 400 - State Route 96
Romulus, New York 14541
Appellate Division: Second Judicial Department
M12727
C/sl
GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-02570, 2004-02572, 2003-04039
The People, etc., respondent, v Jarvis Campbell, appellant. (Ind. Nos. 8586/98, 3841/01)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment |
Motion by the defendant pursuant to CPL 460.30 for an extension of time to take appeals from two judgments of the Supreme Court, Kings County, both rendered June 6, 2003, for leave to prosecute the appeals as a poor person, and for the assignment of counsel, and to consolidate the appeals with an appeal from a judgment of the Supreme Court, Kings County, rendered April 9, 2003.
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 for an extension of time to take the appeals, leave to prosecute the appeals as a poor person, and the assignment of counsel are granted; and it is further,
ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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:
Lynn W. L. Fahey
2 Rector Street - 10th Floor
New York, N.Y. 10006
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; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals with the appeal from the judgment rendered April 9, 2003, is denied; and it is further,
ORDERED that on the court's own motion, the appeals shall be heard together with the appeal from the judgment rendered April 9, 2003.
GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03-A-3421
Elmira Corr. Fac.
Box 500
Elmira, New York 14902-0500
Appellate Division: Second Judicial Department
M12853
F/
THOMAS A. ADAMS, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-01465 The People, etc., respondent, v Kevin Campbell, appellant. (Ind. No. 2766/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered February 4, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or 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:
Kent V. Moston, Esq.
Attorney in Charge, Criminal Div.
Legal Aid Society of Nassau County
1 Helen Keller Way
Hempstead, New York 11550
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.
ADAMS, J.P., TOWNES, SPOLZINO, and LIFSON, 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
Appellate Division: Second Judicial Department
M12847
F/
THOMAS A. ADAMS, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-04245 The People, etc., respondent, v Jerry Carrasquillo, appellant. (Ind. No. 4172/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered May 15, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Kings County, rendered May 15, 2003.
ADAMS, J.P., TOWNES, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12879
S/sl
REINALDO R. RIVERA, J.
|
2004-05116 The People, etc., respondent, v Allison Connell, appellant. (Ind. No. 01841/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Nassau County, rendered June 4, 2004, and to release the appellant on her 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 denied.
REINALDO E. RIVERA
Associate Justice
Appellate Division: Second Judicial Department
M12733
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-02039, 2004-02506 The People, etc., respondent, v Aquiles Delgado, appellant. (Ind. Nos. 03-00167, 03-00174)
| 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 appeals from two judgments of the County Court, Rockland County, both rendered February 23, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeals 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 appeals:
Del Atwell, Esq.
P. O. Box 2516
Montauk, New York 11954
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 1043
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M12741
F/
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-02317 The People, etc., respondent, v Julio DeLossantos, appellant. (Ind. No. 02-00197)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Rockland County, rendered January 30, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on November 26, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:
James Licata
Office of the Public Defender
11 New Hemstead Road
New City, New York 10956-3664
Upon the papers filed in support of the motion and the papers filed in relation thereto; it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Arlene Lewis, Esq.
P. O. Box 219
Blauvett, New York 10913
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
FLORIO, J.P., SCHMIDT, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 R 0717
Bare Hill Corr. Fac.
Caller Box 20 - Cady Road
Malone, New York 12953
Appellate Division: Second Judicial Department
M12780
F/
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-03034
The People, etc., respondent, v Marlon Edwards, appellant.
(Ind. No. 03-00444)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered February 23, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that 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:
Philip C. Schnabel, Esq.
33 Schnabel Lane
Chester, New York 10918
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
ALTMAN, J.P., H. MILLER, GOLDSTEIN, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 1042
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M12851
F/
THOMAS A. ADAMS, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-00547 The People, etc., respondent, v Blair Garner, appellant. (Ind. No. 1049-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered November 21, 2002, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
ADAMS, J.P., TOWNES, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
02 A 6530
Green Haven Corr. Fac.
Box 4000
Stormville, New York 12582
Appellate Division: Second Judicial Department
M12734
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-04089 The People, etc., respondent, v Vittorio George, appellant. (Ind. No. 02-00344)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Rockland County, rendered April 11, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on September 29, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:
James Licata
Office of the Public Defender
11 New Hemstead Road
New City, New York 10956-3664
Upon the papers filed in support of the motion and the papers filed in relation thereto; it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Gary Eisenberg, Esq.
129 Brooks Avenue
Monroe, New York 10950
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 2130
Gowanda Corr. Fac.
P.O. Box 350 - South Road
Gowanda, New York 14070-0350
Appellate Division: Second Judicial Department
M12744
F/
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-09567 The People, etc., respondent, v Tarik Greene, appellant. (Ind. No. 02-00179)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Rockland County, rendered September 25, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on December 16, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:
James Licata
Office of the Public Defender
11 New Hemstead Road
New City, New York 10956-3664
Upon the papers filed in support of the motion and the papers filed in relation thereto; it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
John R. Lewis, Esq.
36 Hemlock Drive
Sleepy Hollow, New York 10591
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
RITTER, J.P., SMITH, CRANE, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 5122
Clinton Corr. Fac.
P. O. Box 2002
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M12736
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-02308 The People, etc., respondent, v Peter LaRocco, appellant. (Ind. No. 02-00186)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Rockland County, rendered February 25, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on November 6, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:
James Licata
Office of the Public Defender
11 New Hemstead Road
New City, New York 10956-3664
Upon the papers filed in support of the motion and the papers filed in relation thereto; it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Martin E. Gotkin, Esq.
P. O. Box 74
Palisade, New York 10964
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
ALTMAN, J.P., GOLDSTEIN, ADAMS, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 1279
25 Washington Circle
Suffern, New York 10901
Appellate Division: Second Judicial Department
M12781
F/
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-01916
The People, etc., respondent, v Anthony Mann, appellant.
(Ind. No. 03-00786)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered February 20, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the 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:
John M. Schwarz, Jr., Esq.
103 Washington Avenue
Suffern, New York 10901
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.
SMITH, J.P., KRAUSMAN, CRANE, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 1038
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M12782
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-00849
The People, etc., respondent, v Jaime Mereness, appellant.
(Ind. No. 03-00478)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered January 27, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the 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:
Brian MacNamara, Esq.
70 Four Corners Road
Warwick, New York 10990
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 G 0088
Bedford Hills Corr. Fac.
Box 1000
Bedford Hills, New York 10507
Appellate Division: Second Judicial Department
M12820
CF/
|
2001-02390
The People, etc., respondent, v Troy Napier, appellant. (Ind. No. 3695/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Kings County, rendered March 8, 2001.
Upon the stipulation of the parties, dated June 4, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12881
S/nal
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON, JJ.
|
2003-06483 The People, etc., respondent, v William Nicosia, appellant. (Ind. No. 2614/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered July 23, 2003, to continue the stay of execution of said judgment pending hearing and determination of the appeal to this court.
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 stay of execution of the judgment granted by decision and order on motion of this court dated July 29, 2003, is continued pending hearing and determination of the appeal, on the same bail conditions set forth in this court's decision and order on motion dated July 29, 2003, on the condition that the defendant shall continue to comply with the provisions of an order of protection dated May 23, 2003, issued in the above-entitled action by the County Court, Suffolk County, and on the further condition that the appeal is perfected on or before October 20, 2004; and it is further,
ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before October 20, 2004; and it is further,
ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court for execution of sentence.
ALTMAN, J.P., H. MILLER, KRAUSMAN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12768
F/
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-04309
The People, etc., respondent, v Willie Petteway, appellant.
(Ind. No. 03-00133)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, dated May 5, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert Reno, Esq.
143 Pike Street
P.O. Box 1108
Port Jervis, New York 12771
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.
SANTUCCI, J.P., GOLDSTEIN, LUCIANO, and MASTRO, JJ.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 2902
Franklin Corr. Fac.
62 Bare Hill Road - Box 10
Malone, New York 12953
Appellate Division: Second Judicial Department
M12824
S/sl
|
1995-01449
The People, etc., respondent, v Edward L. Summers, appellant. (Index No. 94-00010)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Rockland County, dated January 31, 1995.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 18, 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
M12814
E/nal
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2000-09842 The People, etc., respondent, v Lawrence Weygant, appellant. (Ind. No. 99-00650)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered October 12, 2000, for leave to reargue his motion for leave to serve and file a supplemental brief, which was determined by decision and order of this court dated February 24, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court