06-21-2004_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR JUNE 21, 2004

TITLE	Case Number
Byrnes v Varlack	2004-00072
Equicredit Corporation of America v Williams	2003-06213
Fernald v Vinci	2003-08237
Gaines v Shell-Mar Foods, Inc.	2003-11459
Henry v Advance Process Supply Company	2003-09670
Licht v Licht	2003-07809
Peycke v Newport Media Acquisition II, Inc.	2003-10651
Smulczeski v Smulczeski	2003-10159 + 1
Mtr of B. (Anonymous), Dayjah Ann, a/k/a B. (	2003-02549 + 2
Mtr of Bruno v Kerr	2003-10441
Mtr of C. (Anonymous), Jean; Presentment Agen	2003-07529
Mtr of Elem v Lee	2004-00253
Mtr of F. (Anonymous), James; F., Danielle; D	2004-03512
Mtr of Feliz v Rojas	2003-09095 + 1
Mtr of Moloney v Moloney	2004-02801
Mtr of Natiku v Natiku	2004-03579
Mtr of R. (Anonymous), Isadora; Cheryl F. (An	2003-01592
Mtr of R. (Anonymous), Lina Catalina; Suffolk	2004-00829
Mtr of Rosato v Rosato	2004-02104
Mtr of S. (Anonymous), Adonis Earl; Suffolk C	2003-09664
Peo v Benjamin, Robert	2004-01621
Peo v Benn, Natasha	2004-03582
Peo v Betancourt, Robert	1994-05516
Peo v Cain, Michael	2004-03259
Peo v Cumba, Ray	2004-01722
Peo v Gilot, Jean B.	2003-04423
Peo v James, Richard	2003-05018
Peo v Johnson, Akuan	2004-02948
Peo v McCall, Darren	1998-02449 + 3
Peo v McLean, Lewis	2004-03583
Peo v Mitchell, Kenneth	2004-03969
Peo v Morgan, Richard	2003-07437
Peo v Oates, Larry	2004-01887
Peo v Savage, Angelo	2003-06315 + 1
Peo v Spotards, Edward C.	2004-01918
Peo v Stroman, Jeremiah	2004-01086 + 1
Peo v Washington, Marlon	2001-11048
Peo v Weekes, Mark C.	2004-01031

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Appellate Division: Second Judicial Department

M12883

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2004-00072

Barrett Byrnes, respondent,
v Charlesworth Varlack, appellant,
et al., defendants.
(Index No. 378/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated December 8, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 18, 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

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Appellate Division: Second Judicial Department

M12778

C/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2003-06213

Equicredit Corporation of America, etc.,
respondent, v Virgilio P. Williams, etc., et al.,
defendants, Kunjunjamma Kuriakose, appellant.
(Index No. 2392/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Westchester County, dated May 23, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the appendix on appeal. Cross motions by the respondent (1) inter alia, to strike those portions of the appendix which contain matters dehors the record, to direct the appellant to file a proper appendix, and for leave to the respondent to serve and file a supplemental appendix, and (2), to dismiss the appeal on the ground that the appellant did not serve the law firm representing the respondent on the appellant's counterclaim with the notice of appeal or request for appellate division intervention.

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

ORDERED that the branches of the cross motions which are to direct the appellant to file a proper appendix are granted to the extent that on or before July 28, 2004, the appellant pro see shall file a supplemental appendix containing:

(A) Exhibits C, E, F, I, J, K, L, and M to the affirmation of Paula J. Warmuth dated March 27, 2003.

(B) Exhibits C, to the affirmation of Patricia W. Gurahian dated March 27, 2003.

ORDERED that the branch of the cross motions which is to strike portions of the appendix is granted, and pages 7, 8, 14, 18, 24, 61-63, 69, 157-158, and 172-183 are stricken, and on or before July 28, 2004, the appellant shall delete or remove the foregoing pages of the appendix; and it is further,

ORDERED that the remaining branches of the cross motions are denied; and it is further,

ORDERED that on the court's own motion, the appellant's time to serve and file a proper brief in compliance with the rules of this court (see 22 NYCRR 670.10.3) is enlarged until July 28, 2004, and the appellant shall file and serve her brief on of before that date; and it is further,

ORDERED that the motion is denied with leave to renew upon the submission of a proper supplemental appendix.

H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12884

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DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2003-08237

Louann Fernald, appellant,
v Robert K. Vinci, respondent.
(Index No. 5930/99)

DECISION & ORDER ON MOTION
Motion To Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered August 11, 2003, for failure to serve the respondent with a copy of the record on appeal and the appellant's brief.

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 respondent's time to serve and file a brief on the appeal is enlarged until July 26, 2004 and respondent's brief shall be served and filed on or before that date.

RITTER, J.P., GOLDSTEIN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12888

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2003-11459

Ann Marie Gaines, appellant,
v Shell-Mar Foods, Inc, et al., respondents.
(Index No. 1028/93)

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, Queens County, dated September 24, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 21, 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

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Appellate Division: Second Judicial Department

M12886

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2003-09670

Rachel J. Henry, etc., et al., appellants,
v Advance Process Supply Company, et al.,
respondents.

(Index No. 4935/95)

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 a order of the Supreme Court, Queens County, dated September 3, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before July 9, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12877

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2003-07809

Barry Licht, appellant, v
Debbie Licht, respondent.
(Index No. 6992/01)

ORDER TO SHOW CAUSE

Appeal by Barry Licht from a judgment of the Supreme Court, Kings County, dated July 24, 2003. The transcripts were received by the appellant on or about March 30, 2004, and the appeal in the above-entitled proceeding was to be perfected within 60 days of that date. The appeal has not been perfected. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are 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 by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 7, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12889

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2003-10651

Pamela Peycke, respondent-appellant,
v Newport Media Acquisition II, Inc.,
appellant-respondent, A. Ciesinski Snow
Plowing, Inc., respondent.
(Index No. 17367/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated September 25, 2003.

ORDERED that the application is denied as unnecessary as the respondent's time to serve and file a brief does not expire until July 23, 2004; and it is further,

ORDERED that the appellant-respondent's reply brief shall be served and filed on or before August 27, 2004, the respondent-appellant's reply brief shall be served and filed in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12863

A/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

NANCY E. SMITH

REINALDO E. RIVERA, JJ.

2003-10159, 2003-10160

Susan Smulczeski, appellant,
v Richard Smulczeski, respondent.

(Index No. 26989/00)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Suffolk County, dated October 22, 2003, and a judgment of the same court entered October 29, 2003, for leave to reargue her prior motion, inter alia, to appoint a new Law Guardian to represent the child on the appeal, which was determined by decision and order of this court dated March 19, 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, without prejudice to moving in the Supreme Court, Suffolk County, for the appointment of a new Law Guardian to represent the child on the appeal and a determination of the amount and manner in which the new Law Guardian is to be paid.

ALTMAN, J.P., FLORIO, SMITH and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12870

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2003-02549, 2003-02862, 2003-02863
In the Matter of Dayjah Ann B. (Anonymous),
a/k/a Dayjah B. (Anonymous).
St. Christopher-Ottillie, respondent;
Verron V. (Anonymous), appellant.
(Proceeding No. 1)
(Docket No. B-9943/99)
In the Matter of Daauwd David Michael
Muhammad B. (Anonymous), a/k/a Daauwd B.
(Anonymous).
St. Christopher-Ottillie, respondent;
Verron V. (Anonymous), appellant.
(Proceeding No. 2)
(Docket No. B-9944/99)
In the Matter of Koran Hassan Muhammed V.
(Anonymous), a/k/a Koran V. (Anonymous).
St. Christopher-Ottillie, respondent;
Verron V. (Anonymous), appellant.
(Proceeding No. 3)
(Docket No. B-4647/02)

SCHEDULING ORDER

Appeals by Verron V. from three orders of the Family Court, Kings County, all dated February 19, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent St. Christopher-Ottillie to serve and file a brief on the appeals is enlarged until July 30, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12875

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2003-10441
In the Matter of Joseph Bruno, appellant,
v Lorraine Kerr, respondent, Mary Ann Daly,
respondent-respondent.
(Docket Nos. G-03730/03, G-03731/03,
G-03732/03)

SCHEDULING ORDER

Appeal by Joseph Bruno from an order of the Family Court, Dutchess County, dated October 31, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 22, 2004. The respondent's brief was served and filed on June 14, 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 law guardian's time to serve and file a brief on the appeal is enlarged until July 9, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12868

M/nal

2003-07529

In the Matter of Jean C. (Anonymous),
appellant.
(Docket No. D-09486-03)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Kings County, dated July 23, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until July 6, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M12874

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2004-00253

In the Matter of Vanessa Elem, respondent,
v Oscar Lee, Jr., appellant.
(Docket No. P-10942/93)

ORDER TO SHOW CAUSE

Appeal by Oscar Lee, Jr., from an order of the Family Court, Kings County, dated December 2, 2003. By scheduling order dated May 7, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 7, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 7, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12867

M/nal

2004-03512
In the Matter of James F. (Anonymous).
Nassau County Department of Social
Services, appellant; Paula F. (Anonymous),
et al., respondents.
In the Matter of Danielle F. (Anonymous).
Nassau County Department of Social
Services, appellant; Paula F. (Anonymous),
et al., respondents.
(Docket Nos. N-09303-03, N-09304-03)

SCHEDULING ORDER

Appeal by Nassau County Department of Social Services from an order of the Family Court, Nassau County, dated March 22, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M12866

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2003-09095, 2003-09096
In the Matter of Miosotis Feliz, respondent,
v Julio Cesar Rojas, appellant.
(Docket Nos. P-2039-03, F-03536-02)

SCHEDULING ORDER

Appeals by Julio Cesar Rojas from two orders of the Family Court, Westchester County, entered March 28, 2003, and dated September 8, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 22, 2004. By decision and order of this court dated June 15, 2004, the respondent's motion, inter alia, for the assignment of counsel to represent her on the appeals was denied. 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 appeals is enlarged until July 30, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M12885

A/sl

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

SANDRA L. TOWNES

STEVEN W. FISHER, JJ.

2004-02801
In the Matter of Tammy Moloney, respondent,
v James Moloney, appellant.

(Docket Nos. V-13500/03, V-13501/03,
V-13502/03, V-13503/03)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated February 10, 2004, as a poor person, and for the assignment of counsel, and cross motion by the respondent, inter alia, to dismiss the appeal on the ground that the appellant is not aggrieved by the order.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

John M. Zenir, Esq.

114 Old Country Road - Suite 216

Mineola, New York 11501

(516) 746-0180

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 cross motion is denied; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

ALTMAN, J.P., H. MILLER, TOWNES and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12873

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2004-03579

In the Matter of Bessa Natiku, appellant,
v Skender Natiku, respondent.
In the Matter of Skender Natiku, respondent,
v Bessa Natiku, appellant.
(Docket Nos. V-4341/99, V-4371/99)

ORDER TO SHOW CAUSE

Appeal by Bessa Natiku from an order of the Family Court, Queens County, dated March 23, 2004. By scheduling order dated May 7, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are 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 proceedings for failure to comply with the scheduling order dated May 7, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 7, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12823

A/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-01592

In the Matter of Isadora R. (Anonymous).
Cheryl F. (Anonymous), etc., respondent.
Frezell W. (Anonymous), etc., nonparty-appellant.
(Index No. 10711/01)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, entered January 24, 2003, which was determined by decision and order of this court dated March 8, 2004.

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

ORDERED that the motion is dismissed on the ground that the respondent does not have standing to seek leave to reargue the appeal.

SANTUCCI, J.P., FLORIO, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M12696

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

STEVEN W. FISHER

2004-00829

In the Matter of Lina Catalina R. (Anonymous).
Suffolk County Department of Social Services,
respondent; Leonaldo R. (Anonymous), appellant.
(Docket No. B-2959-03, B-2960-03)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

On the court's own motion, it is

ORDERED that the Law Guardian assigned to prosecute the appeal from an order of the Family Court, Suffolk County, dated January 22, 2004, is relieved of the assignment to represent the child and is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that on the court's own motion pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the child:

Todd Kadish, Esq.

1323 E. 15th Street - 2B

Brooklyn, New York 11230

(718) 787-0172

RITTER, J.P., GOLDSTEIN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M12859

A/sl

ANITA R. FLORIO, J.P.

SANDRA L. TOWNES

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-02104
In the Matter of Marianna Rosato, respondent,
v Mark Rosato, appellant.
(Docket No. F-722/97)

DECISION & ORDER ON MOTION

Appeal by Mark Rosato from an order of the Family Court, Rockland County, dated February 6, 2004. By order to show cause dated May 7, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated March 22, 2004, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and upon the papers submitted in response to the order to show cause, it is

ORDERED that the motion is denied on condition that on or before July 26, 2004, the appellant shall either perfect the appeal, or move for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12872

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2003-09664

In the Matter of Adonis Earl S. (Anonymous).
Suffolk County Department of Social Services,
respondent; Earl S. (Anonymous), appellant.
(Docket No. B-8720/03)

SCHEDULING ORDER

Appeal by Earl S. from an order of the Family Court, Suffolk County, dated October 3, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M12754

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-01621

The People, etc., respondent,
v Robert Benjamin, appellant.

(Ind. No. 03-00574)

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 11, 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:

Salvatore Adamo, Esq.

350 Fifth Avenue - Suite 3304

New York, New York 10118-0069

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 0878

Bare Hill Corr. Fac.

Caller Box 20, Cady Road

Malone, New York 12953

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

Appellate Division: Second Judicial Department

M12760

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-03582

The People, etc., respondent,
v Natasha Benn, appellant.

(Ind. No. 03-00208)

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 an amended judgment of the County Court, Orange County, rendered April 16, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Neal Futerfas, Esq.

50 Main Street

White Plains, New York 10606

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 G 0372

Bedford Hills Corr. Fac.

247 Harris Road

Bedford Hills, New York 10507

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

Appellate Division: Second Judicial Department

M12706

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

1994-05516
The People, etc., respondent,
v Robert Betancourt, appellant.
(Ind. No. 2861/94)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered June 10, 1994.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., GOLDSTEIN, MASTRO, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M12759

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-03259

The People, etc., respondent,
v Michael Cain, appellant.

(Ind. No. 03-00628)

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 April 9, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Steven Feldman, Esq.

300 Rabro Drive

Hauppauge, New York 11788

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 2106

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

Appellate Division: Second Judicial Department

M12772

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-01722

The People, etc., respondent,
v Ray Cumba, appellant.

(Ind. No. 03-00414)

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

John Savoca, Esq.

One Barker Street - Suite 135

White Plains, New York 10601

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 0527

Cayuga Corr. Fac.

Box 1186

Moravia, New York 13118

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

Appellate Division: Second Judicial Department

M12731

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-04423

The People, etc., respondent,
v Jean B. Gilot, appellant.

(Ind. No. 02-00291)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Rockland County, rendered April 29, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Del Atwell, Esq.

P. O. Box 2516

Montauk, New York 11954

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 2545

Cape Vincent Corr. Fac.

Route 12E - P.O. Box 739

Cape Vincent, New York 13618

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

Appellate Division: Second Judicial Department

M5828

MYRIAM J. ALTMAN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-05018
The People, etc., respondent,
v Richard James, appellant.
(Ind. No. 02-00407)

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 June 5, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on October 23, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Robert E. Brown, Esq.

16 Dietz Street

Oneonta, New York 13820

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,

ALTMAN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

70 Piermont Place

Piermont, New York 10968

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

Appellate Division: Second Judicial Department

M12758

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-02948

The People, etc., respondent,
v Akuan Johnson, appellant.

(Ind. No. 03-00495)

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 April 1, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Arza R. Feldman, Esq.

300 Rabro Drive

Hauppauge, New York 11788

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 1936

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

Appellate Division: Second Judicial Department

M12746

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

1998-02449, 1998-02793, 1998-02794,
1998-02923
The People, etc., respondent,
v Darren McCall, appellant.
(Ind. Nos. 97-00030, 97-00135, 97-00153
97-00239)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute appeals from four judgments of the County Court, Rockland County, all rendered February 25, 1998. The appellant's motion for leave to prosecute the appeals as a poor person and for assignment of counsel was granted on October 15, 1999, and the following named attorney was assigned as counsel to prosecute the appeals:

Robert C. Wilkie, Esq.

108 Bon Aire Circle West

Suffern, New York 10901

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 appeals:

John R. Lewis, Esq.

36 Hemlock Drive

Sleepy Hollow, New York 10591

and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

PRUDENTI, P.J., GOLDSTEIN, LUCIANO, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

98 A 2192

Eastern Corr. Fac.

P. O. Box 338

Napanoch, New York 12458

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

Appellate Division: Second Judicial Department

M12762

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-03583

The People, etc., respondent,
v Lewis McLean, appellant.

(Ind. No. 04-00087)

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 April 19, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Anthony N. Iannarelli Jr., Esq.

28 Vesey Street - Suite 2279

New York, New York 10007

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 2301

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

Appellate Division: Second Judicial Department

M12840

A. GAIL PRUDENTI, P.J.

2004-03969

The People, etc., plaintiff,
v Kenneth Mitchell, defendant.
(Ind. No. 6020/99)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 30, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

A. GAIL PRUDENTI

Presiding Justice

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

Appellate Division: Second Judicial Department

M12737

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

BARRY A. COZIER, JJ.

2003-07437
The People, etc., respondent,
v Richard Morgan, appellant.
(Ind. No. 02-00368)

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 August 12, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on January 21, 2004, 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,

ALTMAN, J.P., S. MILLER, KRAUSMAN, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 4932

Wyoming Corr. Fac.

P. O. Box 501 - (Dunbar Road)

Attica, New York 14011

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

Appellate Division: Second Judicial Department

M12756

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-01887

The People, etc., respondent,
v Larry Oates, appellant.

(Ind. No. 03-00628)

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 26, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Mark Diamond, Esq.

Box 1805

Murray Hill Station

New York, New York 10016

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 1101

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

Appellate Division: Second Judicial Department

M12738

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-06315, 2003-06332
The People, etc., respondent,
v Angelo Savage, appellant.
(Ind. Nos. 02-00386, 03-00043)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute appeals from two judgments of the County Court, Rockland County, both rendered June 24, 2003. The appellant's motion for leave to prosecute the appeals as a poor person and for assignment of counsel was granted on October 10, 2003, and the following named attorney was assigned as counsel to prosecute the appeals:

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 appeals:

Arlene Lewis, Esq.

P. O. Box 219

Blauvett, New York 10913

and it is further,

S. MILLER, J.P., LUCIANO, ADAMS, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 3717

Clinton Corr. Fac.

P. O. Box 2000

Dannemora, New York 12929

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

Appellate Division: Second Judicial Department

M12757

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-01918

The People, etc., respondent,
v Edward C. Spotards, appellant.

(Ind. No. 03-00410)

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 13, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Gary Eisenberg, Esq.

129 Brooks Avenue

Monroe, New York 10950

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 0294

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

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

Appellate Division: Second Judicial Department

M12755

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-01086, 2004-01087

The People, etc., respondent,
v Jeremiah Stroman, appellant.

(Ind. Nos. 02-00829, 03-00607)

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, Orange County, both 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 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 in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeals, 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:

Lisa Blitman, Esq.

P.O. Box 712

Warwick, New York 10990

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 appeals; 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 appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 0530

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

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

Appellate Division: Second Judicial Department

M12750

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2001-11048
The People, etc., respondent,
v Marlon Washington, appellant.
(Ind. No. 01-00157)

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 December 17, 2001. The appellant's motion for leave to prosecute the appeals as a poor person and for assignment of counsel was granted on November 22, 2002, and the following named attorney was assigned as counsel to prosecute the appeals:

Alan McGeorge, Esq.

109 Clove Avenue

Haverstraw, New York 10927

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,

PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

01 A 6780

Great Meadow Corr. Fac.

Box 51

Comstock, New York 12821

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

Appellate Division: Second Judicial Department

M12761

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-01031
The People, etc., respondent,
v Mark C. Weekes, appellant.
(Ind. No. 00-00218)

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 an order of the County Court, Orange County, dated December 31, 2003, as a poor person, and for the assignment of counsel.

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

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

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

Richard L. Herzfeld, Esq.

555 5th Avenue - 17th Floor

New York, New York 10007

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:

01 A 1372

Fishkill Corr. Fac.

Box 1245

Beacon, New York 12508