Appellate Division: Second Judicial Department
M12948
O/sl
DANIEL F. LUCIANO, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-05019 Leroy Christopher, respondent, v Alan Little, et al., appellants. (Index No. 9928/01)
| 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, Kings County, dated April 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.
LUCIANO, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12921
O/sl
DANIEL F. LUCIANO, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2003-06632 Concordia General Contracting, respondent, v Nelson Peltz, appellant. (Index No. 5171/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Westchester County, entered June 20, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until July 6, 2004, and the respondent's brief must be served and filed on or before that date.
LUCIANO, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12909
R/sl
DANIEL F. LUCIANO, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2003-10313 George Dellon, appellant, v Jacqueline Dellon, respondent.
(Index No. 5944/00)
| DECISION & ORDER ON MOTION |
Application by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated October 2, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order determining a motion in limine (see Halali v City of New York, 253 AD2d 849); and it is further,
ORDERED that the application is denied as academic.
LUCIANO, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12969
O/nal
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
THOMAS A. ADAMS, JJ.
|
2003-06787
Robert DiMartino, etc., et al., respondents, v Daniel S. Grosskurth, defendant, Frederick Chapey & Sons Funeral Home, Inc., appellant. (Index No. 14894/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated June 20, 2003, which was determined by decision and order of this court dated March 15, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
RITTER, J.P., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12977
E/nal
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-05264 Eunice Ellis, respondent, v Child Development Support Corporation, appellant, et al., defendant. (Index No. 39886/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated April 4, 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 denied, with $100 costs.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12967
O/nal
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-00532, 2003-00533
Paulette Ferdinand, appellant, v Crecca & Blair, et al., respondents. (Index No. 12234/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue appeals from an order of the Supreme Court, Suffolk County, dated December 6, 2002, and a judgment of the same court entered December 18, 2002, which were determined by decision and order of this court dated March 15, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
ALTMAN, J.P., H. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12970
O/nal
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
THOMAS A. ADAMS, JJ.
|
2003-00411
Nelsa Garner, etc., et al., respondents, v City of New York, et al., appellants, et al., defendants. (Index No. 12126/96)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated November 13, 2002, which was determined by decision and order of this court dated April 5, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
RITTER, J.P., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12940
R/sl
DANIEL F. LUCIANO, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2003-04444
Jianping Wang, respondent, v Aaron Gams, appellant.
(Ind. No. 153/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, inter alia, to recall and vacate so much of a decision and order on motion of this court entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - January 2004 Calendar," dated February 6, 2004, as dismissed an appeal from a judgment of the Supreme Court, Westchester County, dated April 9, 2003, to reinstate the appeal, for leave to prosecute the appeal as a poor person, to waive the filing fee, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
LUCIANO, J.P., MASTRO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12926
R/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-05022 Muriel F. Johnson, etc., respondent, v Queens-Long Island Medical Group, P.C., et al., appellants.
(Index No. 10392/01)
| 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, Westchester County, entered May 26, 2004.
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 the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 15, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 15, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12939
S/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-04737, 2003-07133
Joyce Kwiecinski, appellant, v Sea Breeze II Condominium Association, etc., et al., respondents.
(Index No. 1595/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeals from two orders of the Supreme Court, Nassau County, dated April 25, 2003, and July 11, 2003, respectively, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted.
SANTUCCI, J.P., GOLDSTEIN, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12936
S/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2003-08354 Joseph Lombardi, et al., respondents, v Michael H. Hall, etc., appellant, et al., defendants. (Index No. 49721/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to appeal to the Court of Appeals from a decision and order of this court, dated March 29, 2004, which determined an appeal from an order of the Supreme Court, Kings County, dated August 12, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12934
S/sl
GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-05687 Gloria Martinez, et al., appellants, v County of Suffolk, et al., respondents. (Index No. 4719/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent Glenn Schwartz to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated May 19, 2003, for failure to timely perfect the same.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12959
Y/nal
|
2003-08882
Cynthia Massy, plaintiff-respondent, v Loehmann's, Inc., defendant third-party plaintiff-respondent, Ann Klein & Co., defendant- appellant; Salant Corporation, s/h/a Vera Companies, third-party defendant-appellant, et al., third-party defendant. (Index No. 15111/95)
| ORDER ON APPLICATION |
Motion by the respondent Loehmann's, Inc., to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated August 11, 2003, and to enlarge the record on appeal to include the transcript of the testimony of Anita Shamsundar at an examination before trial, and separate applications by the appellants to enlarge the time to serve and file reply briefs.
ORDERED that the motion is granted and the time of the respondent Loehmann's, Inc., to serve and file a brief and supplemental record containing the transcript of the testimony of Anita Shamsundar at an examination before trial is enlarged until July 26, 2004, and that brief and supplemental record must be served and filed on or before that date; and it is further,
ORDERED that the applications of the appellants are granted and the reply briefs, if any, must be served and filed on or before August 10, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12963
O/nal
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-08925, 2003-08927
NYCTL 1998-2 Trust, et al., respondents, v Isaac Levin, appellant, et al., defendants. (Index No. 4917/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeals from two orders of the Supreme Court, Queens County, dated May 23, 2003, and October 2, 2003, respectively, to enlarge the record, to enlarge the time to perfect the appeals, and to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted; and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged until July 29, 2004, and the record or appendix on the appeals and the appellant's 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; and it is further,
ORDERED that the branch of the motion which is to enlarge the record is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]).
SMITH, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12930
S/sl
|
2003-09793
Ron Naane, appellant, v Ofira Maslavi, respondent. (Index No. 200082/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 30, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 5, 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
M12923
S/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
|
2003-03444, 2004-01068 PNE Media, LLC, respondent, v Nash Estafanous, appellant. (Action No. 1) (Index No. 13338/02) Titan Outdoor, LLC, etc., respondent, v Nash Estafanous, appellant. (Action No. 2) (Index No. 10591/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that it's decision and order on motion dated May 10, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, attorneys for the appellant, for leave to withdraw as counsel on appeals from orders of the Supreme Court, Richmond County, dated April 1, 2003, and December 12, 2003, respectively.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that the motion is granted, and Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria is relieved from representing the appellant with respect to the instant appeals; and it is further,
ORDERED that on or before July 6, 2004, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria is directed to serve its client at his last known address 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 him 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 6, 2004.
KRAUSMAN, J.P., LUCIANO, COZIER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12925
S/sl
|
2003-10661, 2003-11101
Robert Quackenbush, plaintiff, v Gar-Ben Associates, et al., respondents, et al., defendants; L. H. Power, third-party defendant-appellant. (Index No. 17842/00)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Nassau County, dated September 16, 2003, and October 15, 2003, respectively.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 16, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12929
R/sl
DANIEL F. LUCIANO, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-03415 Jose Rodriguez, appellant, v Isaac Teitelbaum, respondent.
(Index No. 2632/03)
| 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, Queens County, dated January 23, 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.
LUCIANO, J.P., MASTRO, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12928
S/sl
|
2003-11183
Carlos Santiago, etc., respondent, v Grenadier Realty Corp., et al., appellants. (Index No. 49440/00)
| 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, Kings County, dated November 20, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 17, 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
M12968
S/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-05099
Medhat Shenouda, appellant, v Lewis D. Cohen, respondent. (Index No. 8847/01)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from an order of the Supreme Court, Richmond County, dated March 8, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as this appeal is a duplicate of an appeal pending under Appellate Division Docket No. 2004-02512.
FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12927
S/sl
|
2003-09443
Universal Bonding Insurance Company, et al., respondents, v Phoenix Wrecking Corporation, et al., defendants, Mackroyce Contracting Corporation, et al., appellants. (Index No. 44452/01)
| 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 August 1, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 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
M12971
S/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2003-11345
In the Matter of Astoria Gas Turbines Power, LLC, appellant, v Tax Commission, City of New York, et al., respondents. (Index No. 103911/01)
| DECISION & ORDER ON MOTION |
Appeal by the petitioner from an order of the Supreme Court, Queens County, dated October 7, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as this appeal is a duplicate of an appeal pending under Appellate Division Docket No. 2003-11271.
FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12932
R/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-08115
In the Matter of Joseph Black, appellant, v William Smith, Jr., et al., respondents. (Index No. 186/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Orange County, dated March 17, 2003, as a poor person, for the assignment of counsel, and, in effect, to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is, in effect, to enlarge the time to perfect the appeal is denied; and it is further,
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the motion is otherwise denied as academic.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12950
O/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-05037 In the Matter of Loretta Connolly, respondent, v Timothy P. Connolly, appellant. (Docket No. F-17686-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Suffolk County, dated April 16, 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.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12931
R/sl
DANIEL F. LUCIANO, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-03009 In the Matter of Keith Greene, appellant, v Cindy Holmes, respondent.
(Docket No. F-02012-95)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Orange County, dated March 10, 2004, as a poor person.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until August 23, 2004.
LUCIANO, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12965
O/nal
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-03645
In the Matter of Martin Hodge, petitioner, v Donald Selsky, et al., respondents. Index No. 03-02675
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to prosecute a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, dated March 11, 2004, as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the proceeding shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 branch of the motion which is to waive payment of the filing fee is denied as unnecessary (see 22 NYCRR 670.22); and it is further,
ORDERED that the branch of the motion which is for a copy of the transcript without charge is denied.
RITTER, J.P., GOLDSTEIN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12918
C/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2003-00538 In the Matter of Blanche D. Hunter, deceased. Chase Manhattan Bank, etc., appellant; Judith Chinello, etc., et al., respondents. (File No. 0030/73)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from an opinion and order of this court dated March 29, 2004, which modified an order of the Surrogate's Court, Westchester County, dated December 31, 2002, and to stay all proceedings in the Surrogate's Court, Westchester County in the above-entitled proceeding pending the determination of the appeal to the Court of Appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is granted; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the following question is certified to the Court of Appeals: Was the opinion and order of this court dated March 29, 2004, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
PRUDENTI, P.J., ALTMAN, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12974
O/nal
DANIEL F. LUCIANO, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-01924
In the Matter of Kevonntte Mc. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Shantte W. (Anonymous), appellant, et al., respondent. In the Matter of Teonni Mc. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Shantte W. (Anonymous), appellant, et al., respondent. (Docket Nos. B-15867-03, B-15868-03)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Suffolk County, to be relieved as counsel on an appeal from an order of the Family Court, Suffolk County, dated January 23, 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 the motion 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 8, 2004, at the appellant's last known address 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 pursuant to 22 NYCRR 670.4(d)(3), the scheduling order of this court dated March 17, 2004, in the above-entitled proceedings is amended to provide that the appellant's time to either perfect the appeal by causing the original papers consituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal or to move for leave to prosecute the appeal as a poor person is enlarged until August 9, 2004.
LUCIANO, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12943
F/
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-02595, 2004-02618 In the Matter of John N. (Anonymous), Jr. Administration for Children's Services, respondent; John N. (Anonymous), Sr., appellant. (Proceeding No. 1) In the Matter of Rahjeen N. (Anonymous). Administration for Children's Services, respondent; John N. (Anonymous), Sr., appellant. (Proceeding No. 2) In the Matter of Angel N. (Anonymous). Administration for Children's Services, respondent; John N. (Anonymous), Sr., appellant. (Proceeding No. 3) (Docket Nos. N-25040-02, N-25041-01, N-25042-02)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Kings County, both dated March 5, 2004, and for leave to the appellant to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the 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 appeals, 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 appeals:
Zvi Ostrin, Esq.
154 West 18th Street - 5D
New York, New York 10011
(212) 255-5809
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
ALTMAN, J.P., CRANE, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12954
F/
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-01729, 2004-01730 In the Matter of Jamel Iasiah R. (Anonymous). Little Flower Children's Services, respondent; Stacy B. (Anonymous). (Docket No. B-2874-02)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Kings County, dated March 12, 2003, and January 26, 2004, respectively, and for leave to the appellant to prosecute the appeals as a poor person.
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 counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the 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 appeals, 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 appeals:
David M. Shapiro, Esq.
903 Sheridan Avenue - 2nd Floor
Bronx, New York 10451
(718) 681-2628
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
ALTMAN, J.P., CRANE, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12946
Y/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-04630 In the Matter of Felice Ricci, deceased. Frank Ricci, appellant; Rosa Sibilio, respondent. (File No. 324266)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enjoin the respondent from consuming, transferring, assigning, or otherwise disposing of any money or assets of the decedent, Felice Ricci, pending hearing and determination of an appeal from a decree of the Surrogate's Court, Nassau County, dated April 12, 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.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12937
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-02784 In the Matter of Abdus Shahid, et al., petitioners, v Jesus Rosado, et al., respondents.
(Index No. 54602/01)
| DECISION & ORDER ON MOTION |
Motion by Altagracia Rosado for leave to reargue a motion for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, 2nd and 11th Judicial Districts, dated January 29, 2004, which reversed a judgment of the Civil Court, Kings County, entered June 11, 2003, which motion was determined by decision and order of this court dated April 16, 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.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12941
F/
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-01016, 2004-01018 In the Matter of Michael W. (Anonymous). Administration for Children's Services, respondent; Stella W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Stella W. (Anonymous). Administration for Children's Services, respondent; Stella W. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-10480-01, B-10481-01)
| DECISION & ORDER ON MOTION |
Motion by the 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 appeals from two orders of the Family Court, Queens County, both dated December 12, 2003, and for leave to the appellant to prosecute the appeals as a poor person.
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 counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the 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 appeals, 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 appeals:
Robert J. Marinelli, Esq.
26 Court Street - Suite 1815
Brooklyn, New York 11201
(718) 624-9391
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
ALTMAN, J.P., CRANE, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12955
F/
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2002-08505 The People, etc., respondent, DECISION & ORDER v Angel Algarin, appellant. (Ind. No. 3046/01)
| ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered August 13, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
ALTMAN, J.P., CRANE, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
02 A 6329
Attica Corr. Fac.
Box 149
Attica, New York 14011
Appellate Division: Second Judicial Department
M12900
F/
NANCY E. SMITH, J.
|
2004-04095
The People, etc., plaintiff, v Reuben Avent, defendant. (Ind. No. 01-00157)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Rockland County, dated March 10, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
NANCY E. SMITH
Associate Justice
Appellate Division: Second Judicial Department
M12957
F/
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-03478
The People, etc., respondent, v Christopher Delston, appellant. (Ind. No. 1424/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered February 25, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12938
R/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-00089 The People, etc., respondent, v Steven A. Domin, appellant. (Ind. No. 76/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the County Court, Dutchess County, rendered December 17, 2003, to include certain material.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12839
F/
MYRIAM J. ALTMAN, J.
|
2004-02510
The People, etc., plaintiff, v Frank Genco, defendant. (Ind. No. 97-01705)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Westchester County, dated February 23, 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.
MYRIAM J. ALTMAN
Associate Justice
Appellate Division: Second Judicial Department
M12935
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
MYRIAM J. ALTMAN
SONDRA MILLER, JJ.
|
1996-02289 The People, etc., respondent, v John Griffin, appellant. (Ind. No. 1001/94)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, rendered February 27, 1996, which was determined by decision and order of this court dated February 17, 1998.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., RITTER, ALTMAN and S. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12912
Y/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2003-06982, 2004-02180 The People, etc., respondent, v Conroy Harris, appellant. (Ind. No. 02-01495)
| ORDER TO SHOW CAUSE |
Motion by the appellant on an appeal from an amended judgment of the Supreme Court, Westchester County, rendered July 16, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. Cross motion by the respondent to dismiss an appeal from a judgment of the same court rendered April 14, 2003, on the ground that it is untimely.
Upon the papers filed in support of the motion and cross motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the appellant show cause before this court, at the courthouse, why an order should or should not be made and entered dismissing the appeal from the judgment rendered April 14, 2003, by filing an affidavit on that issue with the Clerk of this court on or before July 27, 2004; and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant and the District Attorney by ordinary mail pursuant to CPL 470.60(2); and it is further,
ORDERED that the motion and cross motion are held in abeyance in the interim.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12902
F/
FRED T. SANTUCCI, J.
|
2004-04109
The People, etc., plaintiff, v David Kae, defendant. (Ind. No. 11055/92)
| 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 31, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
FRED T. SANTUCCI
Associate Justice
Appellate Division: Second Judicial Department
M12843
F/
THOMAS A. ADAMS, J.P.
|
2004-02884
The People, etc., plaintiff, v Corey A. Latimer, defendant. (Ind. No. 5/02)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Dutchess County, dated March 22, 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.
THOMAS A. ADAMS
Associate Justice
Appellate Division: Second Judicial Department
M12960
O/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2001-05970 The People, etc., respondent, v David Martinez, appellant (Ind. No. 774/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered June 18, 2001.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before August 24, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
SMITH, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12901
F/
A. GAIL PRUDENTI, P.J.
|
2004-04518
The People, etc., plaintiff, v Leopold Mills, defendant. (Ind. No. 11224/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 23, 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
Appellate Division: Second Judicial Department
M12958
F/
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2002-02224 The People, etc., respondent, DECISION & ORDER v Derek Sloane, appellant. (Ind. No. 00-01478)
| ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Westchester County, rendered January 30, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
ALTMAN, J.P., CRANE, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
02 A 0845
Elmira Corr. Fac.
Box 500
Elmira, New York 14902
Appellate Division: Second Judicial Department
M12837
F/
STEPHEN G. CRANE, J.
|
2004-03898
The People, etc., plaintiff, v Rafael Torres, defendant. (Ind. No. 7634/85)
| 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 April 5, 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.
STEPHEN G. CRANE
Associate Justice
Appellate Division: Second Judicial Department
M12933
S/sl
GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-03966 The People, etc., respondent, v Raul Waldron, a/k/a Rawl Waldron, appellant.
(Ind. No. 10118/02)
| DECISION & ORDER ON MOTION |
Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered April 22, 2002, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied (see CPL 460.30[1]).
GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court