Appellate Division: Second Judicial Department
M13093
CF/
|
2004-01573 Analisa Salon Ltd., etc., appellant, v Elide Properties, LLC, respondent. (Index No. 1598/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13099
PL/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
THOMAS A. ADAMS
WILLIAM F. MASTRO, JJ.
|
2003-01830 Harriet Beizer, appellant, v Robert Funk, et al., respondents. (Index No. 17773/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated June 8, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondent Robert Funk for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated January 24, 2003, which was determined by decision and order of this court dated March 22, 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 denied.
ALTMAN, J.P., S. MILLER, ADAMS and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13088
CF/
|
2004-02340 Patricio Capelli, et al., respondents, v Monroe Tube Company, et al., appellants. (Index No. 1940/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated February 11, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M13087
PL/sl
|
2004-03061 Rosa Castillo, respondent, v Angela Navarro, et al., appellants. (Index No. 23510/03)
| 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 March 26, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 22, 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
M13111
CF/
|
2004-00450 Karen Clare, et al., appellants, v Maureen DeNicholas, et al., respondents. (Index No. 2197/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated December 15, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13085
A/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-03982
Donna Conway, respondent, v James Conway, appellant. (Index No. 202795/02)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from an order of the Supreme Court, Nassau County, dated February 19, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; Marino v Termini, 4 AD3d 342).
RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13086
A/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2004-04356
Domenica Dunn, et al., appellants, v New York United Hospital Medical Center, respondent. (Index No. 18703/01)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiffs from an extract of the clerk's minutes of the trial of the Supreme Court, Westchester County, dated March 1, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as an extract of the clerk's minutes of the trial is not an appealable paper (see Davidson v Ha Il-Bo, 117 AD2d 776).
FLORIO, J.P., LUCIANO, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13094
S/sl
|
2003-05879
Duratech Industries, Inc., respondent-appellant, v Continental Insurance Company, et al., appellants-respondents, et al., defendants. (Appeal No. 1) 2003-06792 Duratech Industries, Inc., respondent, v Continental Insurance Company, et al., appellants, et al., defendants. (Appeal No. 2) (Index No. 26189/98)
| ORDER ON APPLICATION |
Application by Duratech Industries, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file its brief on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated May 12, 2003, and an appeal from an order of the same court dated June 11, 2003.
ORDERED that the application is granted and the time of Duratech Industries, Inc., to serve and file a brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until July 12, 2004, and the brief of Duratech Industries, Inc., shall be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13107
CF/
|
2004-03476 Kerry Duryea, appellant, v David Bartholomew, respondent. (Index No. 23850/03)
| 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 March 17, 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
M13095
CF/
|
2004-01439 Suzanne Galanos, appellant, v Louis Galanos, respondent. (Index No. 5337/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated January 30, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13110
CF/
|
2004-02454 Wlodzimierz Gorbacz, et al., respondents, v YMCA of Rockland County, appellant. (Index No. 7382/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated February 9, 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
M13100
CF/
|
2004-00456 Carmela Guinta, appellant, v Town of Brookhaven, et al., respondents. (Index No. 13376/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 16, 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
M13103
CF/
|
2004-01503 Jack Kaplan, et al., appellants, v City of New York, et al., respondents. (Index No. 8539/01)
| 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 February 6, 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
M13145
S/sl
|
2004-00930
Howard Klaus, appellant, v Herbert Schepps, respondent, David Schepps, nonparty. (Index No. 20959/02)
| 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, Kings County, dated December 18, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 21, 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
M13097
CF/
|
2004-01108 Sharon Laskin, etc., et al., appellants, v Thomas S. Parkin, et al., respondents. (Index No. 3496/00)
| 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 December 17, 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
M13101
CF/
|
2004-02444 Leon Lisbona, et al., respondents, v Dominick Guidice, et al., appellants. (Index No. 26818/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 9, 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
M13134
S/sl
|
2004-00307
Charles Lodato, respondent, v Greyhawk North America, L.L.C., appellant, et al., defendants. (Index No. 9801/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 17, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 25, 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
M13105
CF/
|
2004-01537 Kathleen McDougall, respondent, v Elizabeth Vaca, et al., appellants (and a third-party action). (Index No. 24055/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 12, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13076
A/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2003-06282 Stanley Moore, et al., respondents, v Michael Peter Davidson, et al., appellants. (Index No. 11456/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to recall and vacate so much of a decision and order on motion of this court dated February 6, 2004, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - January 2004 Calendar" as dismissed an appeal from a judgment of the Supreme Court, Nassau County, dated May 29, 2003, for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13102
CF/
|
2004-03524 New York University Hospital-Tisch Institute, et al., respondents, v State Farm Mutual Automobile Insurance Company, appellant. (Index No. 18145/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 30, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13092
CF/
|
2004-03635 Rosa Patino, appellant, v Crispin A. Cruz, et al., respondents. (Index No. 33284/02)
| 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 January 15, 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
M13109
CF/
|
2003-09616 Douglas C. Piazza, et al., respondents, v FM Esposito, Jr., et al., appellants. (Index No. 32205/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 22, 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
M13146
S/sl
|
2003-11318
Ping Lee, appellant, v City of New York, et al., respondents. (Index No. 22680/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered November 12, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 25, 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
M12466
K/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-11231
Louis Rosemarin, respondent, v Village of Cedarhurst, et al., appellants. (Index No. 18232/01)
| ORDER TO SHOW CAUSE |
The defendants, Village of Cedarhurst and Bocker Enterprises Incorporated, having appealed to this court from an order of the Supreme Court, Nassau County, dated November 20, 2003, having filed a record on the appeals on January 15, 2004, and having filed their separate briefs on March 1, 2004, and no brief having been filed by the respondent, the matter was placed on this court's calendar for June 1, 2004. On May 21, 2004, counsel for the appellants notified this court that the parties had settled the action and that the appellants wished to withdraw their respective appeals. By letter dated May 21, 2004, counsel for the appellant Village of Cedarhurst advised this court that the matter had been settled on February 27, 2004, and by separate letter, also dated May 21, 2004, counsel for the appellant Bocker Enterprises Incorporated advised this court that the action had been settled on February 22, 2004.
Now, on the court's own motion, it is
ORDERED that the parties or their counsel are directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate 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 all parties to the action on or before July 20, 2004.
Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).
The Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon counsel for the respective parties by regular mail.
H. MILLER, J.P., GOLDSTEIN, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13138
S/sl
|
2004-01093
Linda Salatino, respondent, v Patrick Salatino, appellant. (Index No. 22507/02)
| 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, Kings County, dated January 6, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 6, 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
M13091
PL/sl
|
2004-00537
68 Burns New Holdings, Inc., appellant, v Burns Street Owners Corporation, et al., respondents. (Index No. 23816/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated November 27, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 11, 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
M13090
PL/sl
|
2003-09649 Crystal Stevens, respondent, v New York City Transit Authority, et al., appellants. (Index No. 15156/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated August 5, 2003.
ORDERED that the application is granted and the record and brief submitted to the clerk of this court on June 23, 2004, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13143
S/sl
|
2004-00806
Gregory Tarone, et al., plaintiffs-respondents, v Madeleine Tarone, appellant, Gregory Tarone, P.C., et al., respondents. (Index No. 1265/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated January 9, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 14, 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
M13098
CF/
|
2003-10736 John M. Thompson, plaintiff-respondent, v Chessed, LLC, d/b/a Chessed 241 Company, defendant-respondent, IDI Construction Co., Inc., appellant (and a third-party action). (Index No. 417/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 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
M13108
CF/
|
2004-02154 John Visentin, appellant, v Haldane Central School District, et al., defendants, Margaret O'Sullivan, et al., respondents. (Index No. 633/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Putnam County, dated February 13, 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
M13106
CF/
|
2004-03022 John Visentin, appellant-respondent, v Haldane Central School District, et al., respondents-appellants, et al., respondents. (Index No. 633/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellant-respondent and respondents-appellants to withdraw their respective appeal and cross-appeals from an order of the Supreme Court, Putnam County, dated February 20, 2004.
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 and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13046
Y/nal
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-04129
Yonkers Rib House, Inc., et al., appellants, v 1789 Central Park Corp., et al., respondents. (Index No. 04998/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered April 5, 2004.
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 all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 26, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 26, 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
M13130
S/sl
|
2004-02669, 2004-02770 ORDER ON APPLICATION In the Matter of Elmont Elementary Teachers' Association, et al., appellants, v Board of Education of Elmont Union Free School District, et al., respondents.
(Index No. 8704/03)
|
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Nassau County, dated February 19, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before August 27, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13071
A/nal
WILLIAM F. MASTRO, J.P.
ROBERT A. SPOLZINO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2003-06303
In the Matter of James Gerald Ferretti, respondent, v Joann Venturella Ferretti, appellant. (Docket No. F-2023/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Family Court, Suffolk County, entered June 18, 2003, for leave to reargue those branches of her prior motion which were for a free transcript, waiver of the filing fee, and for the assignment of counsel, which were determined by decision and order of this court dated November 20, 2003, and to enlarge her 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 for leave to reargue those branches of her prior motion which were for a free transcript, waiver of the filing fee, and the assignment of counsel 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 August 8, 2003, is amended to provide 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 the brief on the appeal is enlarged until September 1, 2004.
MASTRO, J.P., SPOLZINO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13136
S/sl
|
2003-09206, 2003-09207
In the Matter of John Mandala, appellant, v Brion Travis, et al., respondents. (Index No. 150/02)
| 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 a judgment of the Supreme Court, Westchester County, dated March 24, 2003, and an order of the same court dated July 28, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 26, 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
M13142
S/sl
|
2003-11032
In the Matter of Purdy Street, LLC, et al., petitioners-respondents, v Harrison Zoning Board of Appeals, et al., appellants, et al., respondents. (Index No. 10264/03)
| ORDER ON APPLICATION |
Application by the petitioners-respondents 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, Westchester County, dated November 7, 2003, and to enlarge the appellants' time to serve and file a reply brief.
ORDERED that the application is granted and the petitioners-respondents' time to serve and file a brief is enlarged until July 9, 2004, and the petitioners-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before July 23, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13104
CF/
|
2004-00561 In the Matter of State Farm Mutual Automobile Insurance Company, respondent, v Eunice Gardner, appellant. (Index No. 8944/02)
| 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 December 16, 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
M13127
M/nal
|
2004-01016, 2004-01018 In the Matter of Michael W. (Anonymous). Administration for Children's Services, respondent; Stella W. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-10480/01)
In the Matter of Stella W. (Anonymous). Administration for Children's Services, respondent; Stella W. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-10481/01)
| SCHEDULING ORDER |
Appeals by the mother, Stella W., from two orders of the Family Court, Queens County, both dated December 12, 2003. By decision and order of this court dated June 23, 2004, the following attorney was assigned as counsel on the appeal:
Robert J. Marinelli, Esq.
26 Court Street - Suite 1815
Brooklyn, New York 11201
(718) 624-9391
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated June 23, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M13030
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-04294 The People, etc., respondent, v Donald Brown, appellant. (Ind. No. 1274-99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a determination of the County Court, Suffolk County, dated April 14, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Kings County, continues on appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13032
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2002-00550 The People, etc., respondent, v Robbie Dolberry, appellant. (Ind. No. 5668/00)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that the decision and order on motion of this court, dated May 20, 2003, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Kings County, rendered January 2, 2002, is recalled and vacated; and it is further,
ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.
The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13029
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-04278, 2004-04279, 2004-04280
The People, etc., respondent, v Juan Fonseca, appellant.
(Ind. Nos. 1033-03, 1045-03, 1833-03)
| 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 appeals from three judgments of the Supreme Court, Suffolk County, all rendered April 1, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeals, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 2044
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M12469
F/
THOMAS A. ADAMS, J.
|
2004-03251
The People, etc., plaintiff, v Ronald J. Fuzia, defendant. (Ind. No. 86/01)
| 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, Suffolk County, dated March 11, 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
M13125
E/nal
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2001-09784 The People, etc., respondent, v Khaldoun Hussari, appellant. (Ind. No. 6052/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered October 31, 2001, to recall and vacate a decision and order of this court dated March 22, 2004, which remitted the matter to the Supreme Court, Kings County, to hear and report on whether the defendant was competent to stand trial, and for leave to withdraw Points I and II of his 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 motion is denied.
ALTMAN, J.P., KRAUSMAN, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
00 A 0029
Box 3600
Marcy, New York 13403
Appellate Division: Second Judicial Department
M13089
S/nal
|
2004-00770
The People, etc., respondent, v William Miley, appellant. (Ind. No. 1636/01)
| 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 a judgment of the County Court, Nassau County, rendered January 15, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 15, 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
M13027
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-04276
The People, etc., respondent, v Maureen Myles, appellant.
(Ind. No. 1862-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered May 3, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
Bedford Hills Corr. Fac.
247 Harris Road
Bedford Hills, New York 10507
Appellate Division: Second Judicial Department
M12978
S/nal
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
1999-04230 The People, etc., respondent, v James M. Myron, appellant. (Ind. No. 97-00085)
| ORDER TO SHOW CAUSE |
Appeal by the defendant from a judgment of the County Court, Rockland County, rendered March 26, 1999. By decision and order on motion of this court dated June 2, 2000, the appellant was granted leave to prosecute the appeal pro se and was advised that at the time he filed his brief he would be required to file a properly executed waiver of his right to appellate counsel, which waiver was to read as follows:
WAIVER OF RIGHT TO APPELLATE COUNSEL
I have been advised that (1) I have the right to be represented by an attorney in prosecuting my appeal, and (2) if I cannot afford to retain counsel, one will be assigned to represent me at State expense. Knowing these rights I have voluntarily elected to waive them and to represent myself on the appeal. I have not been forced to waive my rights and I believe myself to be of sufficient intelligence and ability to properly protect my own interests without the assistance of a lawyer to, among other things, write an appellate brief.
James M. Myron
State of )
) ss.
County of )
On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared James M. Myron, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same, and that by his signature on the instrument, the individual executed the instrument.
Notary Public
The appellant attempted to file his brief on June 21, 2004, but did not include a properly executed waiver of his right to appellate counsel and in a letter dated June 10, 2004, he advised this court that he will not sign such a waiver.
Now, on the court's own motion, it is
ORDERED that the appellant is ordered to show cause before this court why an order should not be entered dismissing the appeal on the ground that the appellant has not complied with the decision and order on motion of this court dated June 2, 2000, by filing an affidavit on that issue with the Clerk of this court on or before July 30, 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).
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13096
PL/sl
|
2001-07389 The People, etc., respondent, v Najee Player, appellant. (Ind. No. 371-00)
| ORDER ON APPLICATION |
Application by the appellant pro se pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered August 6, 2001.
ORDERED that the application is granted and the appellant's time to serve and file a supplemental brief is enlarged until October 1, 2004, and the supplemental brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13072
A/sl
DANIEL F. LUCIANO, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2003-03221, 2004-03722 The People, etc., respondent, v Clyde Purnell, appellant. (Ind. No. 2965/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the County Court, Suffolk County, rendered March 4, 2003, and to consolidate the appeal with an appeal from an order of the same court dated March 24, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeal with the appeal from the order dated March 24, 2004, is denied as academic as leave to appeal from the order dated March 24, 2004 was denied by decision and order on application of this court dated June 2, 2004; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment is granted; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.), and written directions.
LUCIANO, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13026
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-02575
The People, etc., respondent, v David Salazar, appellant.
(Ind. No. 00-01452)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered March 9, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Scott B. Tulman, Esq.
369 Lexington Avenue - 15th Floor
New York, New York 10017
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 1445
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M12994
K/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
HOWARD MILLER
SONDRA MILLER, JJ.
|
2001-09693
The People, etc., respondent, v Steven Soto, appellant. (Ind. No. 01-00091)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to relieve counsel assigned to prosecute his appeal from a judgment of the County Court, Orange County, rendered October 24, 2001, and for the assignment of new counsel.
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 denied.
RITTER, J.P., FLORIO, H. MILLER and S. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12703
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-02076
The People, etc., respondent, v Jomo Williams, appellant.
(Ind. No. 1154/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered November 26, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Michael G. Paul, Esq.
121 High Street
Metuchen, New Jersey 08840
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
RITTER, J.P., GOLDSTEIN, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12590
F/
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-02951
The People, etc., respondent, v Jomo Williams, appellant.
(Ind. No. 02-01646)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester 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 the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Michael G. Paul, Esq.
121 High Street
Metuchen, New Jersey 08840
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
SMITH, J.P., KRAUSMAN, CRANE, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 6836
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562