Appellate Division: Second Judicial Department
M13069
CF/
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2003-11222 Gerald Richard Berkman, respondent, v Theresa Agatha Berkman, appellant. (Index No. 21699/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 9, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13055
S/sl
|
2004-00061, 2004-00063 Rodolfo Campos, et al., appellants, v Brooklyn Union Gas Company, Inc., respondent. (Index No. 42742/98)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated September 4, 2003, and a judgment of the same court entered December 3, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until August 30, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Supreme Court of the State of New York
Appellate Division: Second Judicial Department
M13067
CF/
|
2003-03534, 2003-03536 Diana Coleman, et al., respondents, v County of Nassau, et al., appellants. (Index No. 30380/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw appeals from two orders of the Supreme Court, Nassau County, dated March 8, 2003 and December 20, 2002, respectively.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13051
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-01227 Crystal House Manor, Inc., et al., appellants, v Anthony Totura, et al., respondents. (Index No. 5630/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Dutchess County, dated January 14, 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., S. MILLER, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13062
CF/
|
2004-03096 Mahmoud Diarassouba, respondent, v William P. Urban, etc., et al., appellants. (Index No. 46674/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant William P. Urban to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 4, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal by William P. Urban is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13023
C/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2000-10282 Alice Laraine Dimery, appellant-respondent, v Ulster Savings Bank, respondent-appellant. (Index No. 230/93)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to enlarge the record on an appeal from a judgment of the Supreme Court, Putnam County, entered October 26, 2000. Cross motion by the appellant-respondent to strike stated portions of the brief of the respondent-appellant.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted to the extent that the following material is stricken from the respondent-appellant's brief: page 2, footnote 1, page 27, commencing with Paragraph E, through the end of page 30, including all footnotes, and page 46, footnote 47; on or before July 16, 2004, the respondent-appellant shall delete or remove the above material from its brief, and the cross motion is otherwise denied.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13047
J/nal
|
2003-10396
Felix Feliciano, appellant, v State of New York, respondent. (Claim No. 67055)
| 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 Court of Claims, dated October 16, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 16, 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
M13056
S/sl
|
2003-06815, 2003-06817
Mary Bernadette Galvin, appellant-respondent, v William N. Francis, respondent-appellant. (Index No. 5594/00)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Richmond County, dated May 29, 2003.
ORDERED that the application is granted and the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, on or before August 26, 2004 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13068
CF/
|
2004-03634 Slobodan Ilic, appellant, v Jody A. King, et al., respondents. (Index No. 15870/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 24, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13063
CF/
|
2004-01891 Richard Ivani, appellant, v Catherine Ivani, respondent. (Index No. 5307/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated January 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13013
C/nal
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2001-04156
Jim Longo, Inc., respondent-appellant, v George Rutigliano, et al., appellants-respondents. (Index No. 7329/94)
| DECISION & ORDER ON MOTION |
Motion by Albert M. DiMarco, the attorney for the respondent-appellant, on an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered April 13, 2001, which were determined by decision and order of this court dated May 28, 2002, for leave to reargue the decision and order on motion of this court dated May 3, 2004, which imposed a sanction upon him.
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; and it is further,
ORDERED that on the court's own motion, the time of Albert M. DiMarco to comply with the decision and order on motion of this court dated May 3, 2004, by paying a sanction in the sum of $1,000 to the Lawyers' Fund for Client Protection is enlarged until July 20, 2004.
RITTER, J.P., KRAUSMAN, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13081
A/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2003-09027
Mary Johnson, et al., appellants v Shahid Iqbal, et al., defendants, Steven Kaiser, et al., respondents. (Index No. 5385/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated August 13, 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]).
FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13078
CF/
|
2003-07963 Peter Katzburg, appellant, v Loretta Katzburg, respondent. (Index No. 12609/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, entered July 14, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13060
Y/nal
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-04878
Martin Kenna, et al., appellants, v Hub Truck Rental Corporation, respondent. (and a third-party action) (Index No. 614/99)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiffs from a transcript of the Supreme Court, Suffolk County, dated December 11, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717).
SMITH, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13036
A/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-03102, 2003-05167, 2003-05932, 2003-06660, 2003-06661
William Lucadamo, respondent, v Bridge to Life, Inc., appellant. (Index No. 21750/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from five orders of the Supreme Court, Nassau County, dated February 20, 2003, April 1, 2003, May 9, 2003, June 4, 2003, and June 24, 2003, respectively, inter alia, for a preference in the calendaring of the appeals.
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.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13052
S/sl
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2003-07650
Robert F. Malerba, appellant, v Michael T. Clifford, et al., respondents. (Index No. 14359/90)
| ORDER ON APPLICATION |
Application by the respondents Michael T. Clifford and Michael T. Clifford and Associates pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated July 25, 2003.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until July 30, 2004, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13070
CF/
|
2003-11269 Tracy M. Maringola, appellant, v Matthew T. Frohman, respondent. (Index No. 4592/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated November 7, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13077
CF/
|
2003-11165 John McNeil, et al., respondents, v Brooklyn Hospital Center, et al., appellants. (Index No. 10221/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 28, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13066
CF/
|
2003-10343 Frances Moog, appellant, v City of New York, et al., respondents. (Index No. 13725/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated November 5, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13075
CF/
|
2004-01789 Ignacio A. Mora, respondent, v Artur Aronov, et al., defendants, G & A Auto Repairs, appellant. (Index No. 22067/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 20, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13057
Y/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-01411 New York Telephone Company, respondent, v Supervisor of Town of Oyster Bay, et al., appellants, et al., defendants (and a third-party action). (Action No. 1) (Index No. 12185/98) New York Telephone Company, respondent, v Supervisor of Town of Oyster Bay, et al., appellants, et al., defendants (and a third-party action). (Action No. 2) (Index No. 11519/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from a decision and order of this court dated April 12, 2004, which affirmed an order of the Supreme Court, Nassau County, entered December 26, 2002.
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 following question is certified to the Court of Appeals: Was the decision and order of this court dated April 12, 2004, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
ALTMAN, J.P., H. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13065
CF/
|
2004-02722 Patricia Payne, appellant, v James Payne, respondent. (Index No. 14947/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13084
S/nal
|
2004-00294
William Priola, plaintiff-respondent, v 181 Trading, LLC, defendant third-party plaintiff- appellant, et al., defendant; Jacobi General Contracting Corp., et al., third-party defendant- respondent. (Index No. 24805/01)
| 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, Kings County, dated November 20, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 12, 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
M13073
C/nal
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2003-10450
Mary Alice Rossini, respondent, v Andrew J. Weber, appellant. (Index No. 8246/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated October 22, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., TOWNES, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13007
C/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-10513
Moshe Baruch Sabbagh, etc., appellant, v St. Vincent's Hospital and Medical Center of New York, et al., respondents. (Index No. 27024/99)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent St. Vincent's Hospital and Medical Center of New York to dismiss an appeal from a judgment of the Supreme Court, Kings County, entered October 29, 2003, for failure to timely perfect the same. Separate motion by the respondent John J. Maggio for the same relief.
Upon the papers filed in support of the motions and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motions are 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]).
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13064
CF/
|
2003-11107 Carol Saez, respondent, v Lauren Kobley, appellant. (Index No. 9639/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated November 10, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13025
A/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2004-01740
State of New York, et al., appellants, v White Oak Co., LLC, et al., respondents. (Index No. 491/04)
| DECISION & ORDER ON MOTION |
Motions by the respondents on an appeal from an order of the Supreme Court, Suffolk County, dated February 25, 2004, (1) in effect, to amend so much of a decision and order on motion of this court dated March 19, 2004, as enjoined the respondents and their officers, members, agents, employees, contractors, or others acting on their behalf from taking certain actions with respect to the subject property and freshwater wetland, that is within a 1000-foot radius of the outer boundary of a breeding pond for tiger salamanders, and a freshwater wetland located thereon, pending hearing and determination of the appeal, by reducing the radius of the outer boundary from 1,000 feet to 500 feet, and (2) to dismiss the appeal on the ground that it has been rendered academic.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13082
CF/
|
2003-08892 Luz Suriel, et al., respondents, v City of New York, et al., defendants, New York City Transit Authority, appellant. (Index No. 44691/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 20, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13048
S/nal
|
2003-09748
Enrique Torres, et al., appellants, v Ronald Lowinger, et al., respondents. (Index No. 20635/98)
| ORDER ON APPLICATION |
ORDERED that the order on application in the above-entitled action dated June 2, 2004, is amended by deleting from the decretal paragraph thereof the date "June 1, 2004," and substituting therefor the date "June 30, 2004".
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13044
J/nal
|
2003-09827
Nicola Tribuzio, respondent, v City of New York, et al., appellants. (Index No. 19224/97)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated October 23, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 9, 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
M13058
S/sl
|
2004-00202
Bertha Vera, respondent, v Michael Fishman, et al., appellants. (Index No. 14531/01)
| 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 from an order of the Supreme Court, Nassau County, dated September 24, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 23, 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
M13083
CF/
|
2003-11326 Mearee Young, appellant, v Sudeed Ahluwalia, et al., respondents. (Index No. 21411/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 29, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13080
CF/
|
2003-11178 Kazimierz Zagorski, et al., respondents, v CS Greene Street Holding, LP, et al.,defendants second third-party plaintiffs-respondents-appellants, Eurostruct, Inc., defendant third-party plaintiff- respondent-appellant; Helmut Lang Retail, U.S.A., LLC, second third-party defendant-appellant- respondent (and other third-party actions). (Index No. 44239/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellant-respondent Helmut Lang Retail, U.S.A., LLC and the respondents-appellants CS Greene Street Holding, LP, and Knightsbridge Management Corp. to withdraw their respective appeal and cross appeals from an order of the Supreme Court, Kings County, dated November 12, 2003.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the applications are granted and the appeal by Helmut Lang Retail, U.S.A., LLC and the cross appeals by CS Greene Street Holding, LP, and Knightsbridge Management Corp. are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13010
C/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-06514 In the Matter of Ricky A. (Anonymous), appellant. (Docket No. D-844-03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Family Court, Orange County, dated June 12, 2003, on the ground that the appeal has been rendered academic, or to enlarge the time to serve and file a brief.
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 to dismiss the appeal is denied without prejudice to raising the issue in the respondent's brief; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is denied as unnecessary, as the respondent's brief was timely filed on June 24, 2004.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13074
A/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-03858
In the Matter of Jacqueline Biggio, respondent, v Lawrence Biggio, appellant. (Docket No. O-15024/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Lawrence Biggio from an order of the Family Court, Nassau County, dated March 25, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order appealed from is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112).
FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13035
O/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-05399, 2003-05400, 2003-05401, 2003-06783 In the Matter of Maria Braun respondent, v Domenick Lieto, appellant. (Docket Nos. F-736-02, V-736-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to recall and vacate (1) a decision and order on motion of this court dated April 20, 2004, which dismissed appeals from three orders of the Family Court, Putnam County, dated February 24, 2003, May 19, 2003, and June 5, 2003, respectively, and (2) a decision and order on motion of this court dated April 30, 2003, which dismissed an appeal from an order of the same court dated July 16, 2003, for failure to timely perfect the appeals, to reinstate the appeals, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13042
Y/nal
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2004-02538
In the Matter of Michele Chin-On, respondent, v George Gittens, appellant. (Docket No. P-00915-97)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated February 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 opposition or relation thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., H. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13049
O/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-10182, 2003-10184 In the Matter of Kathleen Doherty-McCauley, respondent, v Joseph Patchen, appellant. (Docket No. F-520/98)
| DECISION & ORDER ON MOTION |
Appeals by Joseph Patchen from two orders of the Family Court, Westchester County, dated September 5, 2003, and October 24, 2003, respectively. By order to show cause dated May 19, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals 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 June 11, 2004.
Now, on the court's own motion, and upon the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12983
O/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-10182, 2003-10184, 2004-03323 In the Matter of Kathleen Doherty-McCauley, respondent, v Joseph Patchen, appellant. (Docket No. F-520-98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from three orders of the Family Court, Westchester County, dated September 5, 2003, October 24, 2003, and February 25, 2004, respectively, to enlarge the time to perfect the appeals, for leave to prosecute the appeals as a poor person, to assign counsel, and in effect, to enlarge his time to comply with a decision and order on motion of this court dated April 5, 2004, which denied his motion for poor person relief with leave to renew on or before May 6, 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 branch of the motion which is, in effect, to enlarge the appellant's time to comply with the decision and order on motion dated April 5, 2004, is granted and the instant motion for poor person relief is deemed timely made; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeals as a poor person, and to assign counsel 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 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 appeals:
Charles K. McGoey, Esq.
271 North Avenue, Suite 102
New Rochelle, New York 10801
(914) 633-5593
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 the branch of the motion which is to enlarge the time to perfect the appeals is denied as academic in light of this decision and order on motion; 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]); 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 is taken.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12962
S/sl
|
2004-01037
In the Matter of Encompass Insurance/Continental Insurance Company, appellant-respondent, v Alise M. Eagle, et al., respondents-appellants, General Accident Insurance Company of America, et al., respondents, One Beacon Insurance Company, respondent-respondent. (Index No. 16155/02)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated December 15, 2003.
ORDERED that the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until September 20, 2004, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants' shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13041
Y/nal
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2004-03253
In the Matter of George Gittens, appellant, v Michele Chin-On, respondent. (Docket No. V-10179/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated March 9, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or 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:
Mona G. Freeman, Esq.
34-05 44th St. #6G
Long Island City, New York 11101
(718) 937-1656
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
ALTMAN, J.P., H. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13079
CF/
|
2003-09737 Daniel Gutierrez, et al., respondents, v Maria Negron, appellant. (Docket Nos. V-6923-00, V-6924-00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Orange County, dated September 29, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13053
Y/nal
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2004-02522, 2004-02524
In the Matter of Shondel Jackson, respondent, v Mark DeSouza, appellant. (Docket No. P-06630/00)
| DECISION & ORDER ON MOTION |
Appeals by Mark DeSouza from two orders of the Family Court, Kings County, dated October 20, 2003, and February 16, 2004, respectively. By order to show cause dated May 19, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated March 31, 2004, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated March 31, 2004, is amended to provide that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until August 2, 2004.
RITTER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13050
J/nal
|
2003-10246
In the Matter of Liberty Mutual Insurance Company, respondent, v Giovanni P. Rapisarda, appellant. (Index No. 17512/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated November 3, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 30, 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
M13031
A/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
|
2004-04196 In the Matter of Florentino R. (Anonymous), Jr. Commissioner of the Administration for Children's Services of the City of New York, appellant; Krystina R. (Anonymous), et al., respondents. (Docket No. N-7856/03)
| DECISION & ORDER ON APPLICATION Application To Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated May 10, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that on the court's own motion, the stay of enforcement of the order dated May 10, 2004, which was granted by decision and order on motion of this court dated May 27, 2004, is vacated forthwith.
ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13005
C/nal
WILLIAM F. MASTRO, J.P.
ROBERT A. SPOLZINO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2003-05607
In the Matter of Mikail V. (Anonymous), appellant. (Docket Nos. E-4615-03, D-4930-03)
| DECISION & ORDER ON MOTION |
Motion by the respondent District Attorney of Suffolk County to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Suffolk County, dated May 15, 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 movant's time to serve and file a brief is enlarged until July 26, 2004, and the movant's brief must be served and filed on or before that date.
MASTRO, J.P., SPOLZINO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13024
A/sl
A. GAIL PRUDENTI, P.J.
SANDRA L. TOWNES
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2002-02228 The People, etc., respondent, v Carl Badger, appellant. (Ind. No. 2191/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to serve and file a sur-reply brief on an appeal from a judgment of the County Court, Nassau County, rendered March 1, 2002.
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.
PRUDENTI, P.J., TOWNES, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13038
A/nal
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2000-04055 The People, etc., respondent, v Eric DeBerry, appellant. (Ind. No. 6281/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, rendered March 28, 2000.
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 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 July 30, 2004.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13022
C/sl
DANIEL F. LUCIANO, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2003-11250 The People, etc., respondent, v Julio Morales, appellant. (Ind. No. 11467/00)
| DECISION & ORDER ON MOTION |
Motion by the assigned counsel for the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered April 22, 2003, inter alia, for leave to withdraw the appeal on the ground that the appellant, who has been deported, is not amenable to the jurisdiction of this court.
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 withdraw the appeal is granted, and the appeal is deemed to be withdrawn (see People v Malbranche, 268 AD2d 488); and it is further,
ORDERED that the motion is otherwise denied.
LUCIANO, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13039
O/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
SONDRA MILLER
SANDRA L. TOWNES, JJ.
|
1999-09930 The People, etc., respondent, v Malvin Paige, appellant. (Ind. No. 9918/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, rendered October 21, 1999, which was determined by decision and order of this court dated May 7, 2001.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., RITTER, S. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13045
Y/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
|
2004-03409 The People, etc., plaintiff, v Mehul Patel, defendant. (Ind. No. 1307N/03)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to reargue his prior motion pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Nassau County, rendered July 31, 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.
KRAUSMAN, J.P., LUCIANO, COZIER, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13054
S/sl
|
2003-05795 The People, etc., respondent, v Indar Pittam, appellant. (Index No. 1063/01)
| 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, rendered June 18, 2003.
ORDERED that the application is granted and 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 9, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13059
PL/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2003-07645 The People, etc., respondent, v Nathan Powell, appellant. (Ind. No. 82/02)
| DECISION & ORDER ON MOTION Motion for Dispense With Printing Free Minutes |
On the court's own motion, it is
ORDERED that its decision and order on motion dated February 13, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Renewed motion by the appellant for leave to dispense with printing on an appeal from a judgment of the County Court, Nassau County, rendered August 18, 2003, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that that branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,
ORDERED that the motion is otherwise 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, if any, 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); retained 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 retained 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 counsel with a copy of the pre-sentence 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 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 retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged.
FLORIO, J.P., KRAUSMAN, SCHMIDT, TOWNES, JJ., concur
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
Law Offices of Thomas F. Liotti
600 Old Country Road, Suite 530
Garden City, New York 11530
Appellate Division: Second Judicial Department
M13061
Y/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
BARRY A. COZIER
PETER B. SKELOS, JJ.
|
2004-03375 The People, etc., respondent, v Von Ross, appellant. (S.C.I. No. 2004-103)
| ORDER TO SHOW CAUSE |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered March 4, 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 on the court's own motion, the appellant is ordered to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the notice of appeal was not timely filed and the appellant has not moved for leave to extend his time to take an appeal (see CPL 460.10, 460.30), by filing an affidavit on that issue with the Clerk of this court on or before July 26, 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 defendant, his attorney, and the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,
ORDERED that the motion for poor person relief and for the assignment of counsel is held in abeyance in the interim.
PRUDENTI, P.J., RITTER, COZIER and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court