07-06-2004_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR JULY 6, 2004

TITLE	Case Number
Altman v Daniels	2003-09790
Antin v Antin	2003-07891 + 1
Armstrong v Scott	2003-11394
Caplan v Tofel	2003-10265
Filaski-Fitzgerald v Town of Huntington	2003-10260
Friedlander v Ramos	2004-04829
Household Finance Realty Corporation of New Y	2004-01538
Hutton v Metropolitan Life Insurance Company	2004-00728
Jacobs v Sabo	2004-00432
Lopez v Corines	2003-09119
Merola v Catholic Medical Center of Brooklyn	2003-10225
Murphy v Stuart	2003-09939
Naddeo v City of New York	2003-09102
Plotkin v Moriarty	2003-10796
Reddy v Ed-Sand Realty Corp.	2004-01781
Risco v State of New York	2004-02387
Rodriguez v Jurado	2002-07117
Schwartz v Suebsanguan	2004-00943
Stack v Ferncliff Cemetery Association	2004-00102
State of New York v White Oak Co., LLC	2004-01740
Mtr of A. (Anonymous), Christly; Corporation	2004-04135
Mtr of A. (Anonymous), Kaitlin Julieann; A.,	2004-05372
Mtr of De La Cruz v Colon	2004-04507
Mtr of Gallegos v Administration for Children	2004-03132
Mtr of J. (Anonymous), Porscha Monique; Admin	2004-05371 + 1
Mtr of Khattab v Khattab	2004-05182
Mtr of Larkin v Minall	2004-05603
Mtr of M. (Anonymous), Cory; Administration f	2004-05357
Mtr of M. (Anonymous), Isabel v P. (Anonymous	2004-05363
Mtr of Martinez v Martinez	2004-05308
Mtr of Mc. (Anonymous), Maegan; Nassau County	2004-05382
Mtr of Minzi Wang v Chu	2004-05361
Mtr of N. (Anonymous), Brandon Alfred; Seamen	2004-05597
Mtr of Nomeland v Hopkins	2004-05607
Mtr of Ochlan v Ochlan	2004-05604
Mtr of Panetta v Ruddy	2004-02089
Mtr of Patellis v Patellis	2004-05092
Mtr of Rinaldi v Rinaldi	2004-05066
Mtr of Sitzer v Fay	2004-05503
Mtr of T. (Anonymous), Martina April; Adminis	2004-05115
Mtr of Venigalla v Nori	2004-04652
Peo v Guzman, Yoni	2001-02605 + 1
Peo v Logan, Robert	2003-00666
Peo v Manigault, Daryle a/k/a Manigold	2003-09224
Peo v Smith, Clarence	2004-02766

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Appellate Division: Second Judicial Department

M13407

S/sl

2003-09790

Ronald R. Altman, appellant,
v Marion Daniels, respondent.
(Index No. 3971/02)

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, Nassau County, dated October 6, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 2, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13384

S/sl

2003-07891, 2003-07893

Jeffrey S. Antin, appellant,
v Sandra Antin, respondent.
(Index No. 10215/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from an order and a judgment of the Supreme Court, Westchester County, both dated July 31, 2003.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13379

O/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-11394
Alva Armstrong, et al., appellants,
v Winston G. Scott, et al., respondents
(and third-party actions).
(Index No. 75198/00)

DECISION & ORDER ON MOTION

Separate motions by the appellants Alva Armstrong, Cheryl Armstrong, and Shasha Armstrong, the appellant Lincoln David, and the appellant Kara Charles to enlarge the time to perfect their respective appeals from an order of the Supreme Court, Kings County, dated July 13, 2003.

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 it is further,

ORDERED that the time for the appellants Alva Armstrong, Cheryl Armstrong, and Shasha Armstrong, the appellant Lincoln David, and the appellant Kara Charles to perfect their respective appeals is enlarged until September 3, 2004, and the record or appendix on the appeals and the respective briefs must be served and filed on or before that date.

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13406

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2003-10265

David R. Caplan, appellant,
v Lawrence E. Tofel, et al., respondents.
(Index No. 1726/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated November 3, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 17, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13412

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2003-10260

Denise Filaski-Fitzgerald, et al., appellants,
v Town of Huntington, et al., respondents.
(Index No. 31195/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated October 10, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 7, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13423

E/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

ROBERT W. SCHMIDT

BARRY A. COZIER, JJ.

2004-04829
Imre Friedlander, respondent,
v Flavio Ramos, appellant.
(Index No. 107946/02)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from an order of the Appellate Term, Second and Eleventh Judicial Districts, dated March 31, 2004, which affirmed an order of the Civil Court, City of New York, Kings County, dated June 25, 2003.

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

ORDERED that the motion is granted.

SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13376

A/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2004-01538

Household Finance Realty Corporation of
New York, respondent, v Samuel Anderson,
appellant, etc., et al., defendants.
(Index No. 11813/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to recall and vacate a decision and order on motion of this court dated March 9, 2004, which dismissed an appeal from a purported order of the Supreme Court, Richmond County, dated January 23, 2004, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is denied.

SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13382

S/sl

2004-00728

Joan Hutton, appellant,
v Metropolitan Life Insurance Company,
et al., respondents.
(Index No. 97-09312)

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, Westchester County, dated December 17, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 13, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13383

S/sl

2004-00432

Robert T. Jacobs, appellant,
v David Sabo, et al., respondents.
(Index No. 12419/01)

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, Richmond County, dated December 5, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 27, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13385

S/sl

2003-09119

Andrea Lopez, respondent,
v Peter J. Corines, et al., appellants,
et al., defendants.

(Index No. 16980/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated September 5, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before July 12, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13408

S/sl

2003-10225

Patsy Merola, respondent, v Catholic Medical
Center of Brooklyn and Queens, Inc., d/b/a,
St. John's Hospital, et al., appellants.
(Index No. 13511/96)

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, Queens County, dated September 9, 2003.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13402

S/sl

2003-09939

David Bruce Murphy, respondent,
v Stan Stuart, appellant.
(Index No. 6480/89)

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 September 19, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 9, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13404

S/sl

2003-09102
Norma B. Naddeo, respondent, v
City of New York, defendant, Alex
Fifliolia Contracting, Inc., appellant.
(Index No. 757/01)

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, Kings County, dated September 17, 2003.

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until August 20, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13410

S/sl

2003-10796

Randy Plotkin, et al., plaintiffs-respondents,
v Robert V. Moriarty, etc., et al., defendants-
respondents, Barry G. Fisher, appellant.
(Index No. 13928/98)

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 October 16, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 20, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M13377

A/sl

ANITA R. FLORIO, J.P.

SANDRA L. TOWNES

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-01781

Michael Reddy, plaintiff-respondent,
v Ed-Sand Realty Corp., appellant, Paladium
Builders, Inc., defendant third-party plaintiff,
UBS Painewebber, Inc., defendant second
third-party plaintiff-respondent, et al., defendants;
Lakeside Technical Enterprises, Inc., third-party
and second third-party defendant.
(Index No. 8290/01)

DECISION & ORDER ON MOTION
Motion To Dismiss Appeal

Motion by UBS Painewebber, Inc., to dismiss an appeal from an order of the Supreme Court, Queens County, dated December 17, 2003, insofar as asserted against it, on the ground that the appeal was not timely taken

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, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13414

2004-02387

Gennaro Risco, plaintiff-respondent,
v State of New York, et al., defendants
third-party-plaintiffs appellants-respondents;
Town of Brookhaven, defendant respondent-
appellant, Yanoscik Pavement Marking Co.,
Inc., third-party-defendant respondent-appellant.
(Index No. 24045/99)

ORDER ON APPLICATION
Application to Withdraw Cross Appeal

Application by the third-party-defendant respondent-appellant Yanoscik Pavement Marking Co., Inc., to withdraw its cross appeal from an order of the Supreme Court, Suffolk County, dated March 1, 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 cross appeal by Yanoscik Pavement Marking Co., Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13405

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-07117
Nora Flora Rodriguez, respondent,
v Blanca Jurado, appellant.
(Index No. 20092/00)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 26, 2002.

Upon the stipulation of the attorneys for the respective parties, dated April 1, 2003, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13381

S/sl

2004-00943
Samuel Schwartz, etc., et al., appellants,
v Chatchavan Suebsanguan, defendant,
Gordon D. Lutchman, etc., et al., respondents.
(Index No. 6604/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 5, 2003.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13364

S/sl

2004-00102

Sean Stack, respondent,
v Ferncliff Cemetery Association, appellant.
(Index No. 3385/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated November 7, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 2, 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

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

Appellate Division: Second Judicial Department

M13386

S/sl

2004-01740

State of New York, et al., appellants,
v White Oak Co., LLC, et al., respondents.
(Index No. 491/04)

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 an appeal from an order of the Supreme Court, Suffolk County, dated February 25, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 2, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11575

M/nal

2004-04135
In the Matter of Christly A. (Anonymous),
appellant.
(Docket Nos. D-025794-03, D-032424-03,
D-05823-04)

SCHEDULING ORDER

Appeal by Christly A. from an order of the Family Court, Kings County, dated April 21, 2004. By decision and order of this court dated June 30, 2004, the following attorney was assigned as counsel on the appeal:

David Laniado, Esq.

189 Montague Street - Suite 303

Brooklyn, New York 11201

(718) 246-9444

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 proceeding 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 appeal; 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 30, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; 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 appeal to show cause why the appeal 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 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M13422

S/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

ROBERT W. SCHMIDT

BARRY A. COZIER, JJ.

2004-05372

In the Matter of Kaitlin Julieann A. (Anonymous).
Commissioner of Administration for Children's
Services of City of New York, appellant.
(Proceeding No. 1)
In the Matter of Brandon A. (Anonymous).
Commissioner of Administration for Children's
Services of City of New York, appellant.
(Proceeding No. 2).
(Docket Nos. B-12168-00/03, B-12169-00/03)

DECISION & ORDER ON MOTION

Appeal by Commissioner of Administration for Children's Services of City of New York from an order of the Family Court, Kings County, dated May 4, 2004.

Now, on the court's own motion, it is

ORDERED that the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]; Family Ct Act § 1112).

SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13399

M/nal

2004-04507
In the Matter of Narda de la Cruz, respondent,
v Achilles Colon, appellant.
(Docket No. O-13442-04)

SCHEDULING ORDER

Appeal by Achilles Colon from an order of the Family Court, Kings County, dated May 7, 2004. By decision and order of this court dated July 1, 2004, the following attorney was assigned as counsel on the appeal:

Michael Hueston, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11242

(718) 624-9391

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 appeal; 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 July 1, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M13427

E/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

ROBERT W. SCHMIDT

BARRY A. COZIER, JJ.

2004-03132

In the Matter of David Gallegos, appellant,
v Administration for Children's Services, et al.,
respondents.
(Docket No. V-36564/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated February 25, 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, with leave to renew on or before August 2, 2004, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and all expenses.

SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13307

M/nal

2004-05371, 2004-05376
In the Matter of Porscha Monique J. (Anonymous).
Administration for Children's Services, respondent;
Jerome W. (Anonymous), appellant.
(Docket No. B-20833/02)

SCHEDULING ORDER

Appeals by Jerome W. from two orders of the Family Court, Kings County, dated April 20, 2004, and May 10, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 appellant 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 the Family Court proceedings to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M13245

M/nal

2004-05182
In the Matter of Rabab Khattab, respondent,
v Hassan Khattab, appellant.
(Docket No. F-75-99)

SCHEDULING ORDER

Appeal by Hassan Khattab from an order of the Family Court, Suffolk County, dated April 30, 2004. 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 proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 appellant 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 the Family Court proceedings to be transcribed for the appeal; 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) 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 appeal to show cause why the appeal 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 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M13346

M/nal

2004-05603
In the Matter of Gail Larkin, respondent,
v Harry E. Minall, appellant.
(Docket Nos. V-00870-04, V-00871-04)

SCHEDULING ORDER

Appeal by Harry E. Minall from an order of the Family Court, Richmond County, dated June 2, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant 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 in the Family Court proceeding to be transcribed for the appeal; 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 it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M13250

M/nal

2004-05357
In the Matter of Cory M. (Anonymous).
Administration for Children's Services, respondent;
Eugene M. (Anonymous), appellant.
In the Matter of Christina M. (Anonymous).
Administration for Children's Services, respondent;
Eugene M. (Anonymous), appellant.
In the Matter of Christopher M. (Anonymous).
Administration for Children's Services, respondent;
Eugene M. (Anonymous), appellant.
(Docket Nos. B-3909-99, B-3910-99, B-3911-99
B-3912-99, N-9354-98, N-9355-98, N-9356-98)

SCHEDULING ORDER

Appeal Eugene M. by from an order of the Family Court, Queens County, dated May 20, 2004. 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 within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 appellant 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 the Family Court proceedings to be transcribed for the appeal; 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) 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 appeal to show cause why the appeal 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 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M13425

S/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

ROBERT W. SCHMIDT

BARRY A. COZIER, JJ.

2004-05363

In the Matter of Isabel M. (Anonymous),
respondent, v Benigno P. (Anonymous),
appellant.
(Docket No. P-01618-03)

DECISION & ORDER ON MOTION

Appeal by Benigno M. from an order of the Family Court, Kings County, dated May 18, 2004.

Now, on the court's own motion, it is

ORDERED that the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]; Family Ct Act § 1112).

SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M13232

M/nal

2004-05308
In the Matter of Cynthia Martinez, respondent,
v Geraldo Martinez, appellant.
(Docket No. F-03051-03)

SCHEDULING ORDER

Appeal by Geraldo Martinez from an order of the Family Court, Orange County, dated May 27, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant 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 the Family Court proceedings to be transcribed for the appeal; 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) 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 appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M13276

M/nal

2004-05382
In the Matter of Maegan Mc. (Anonymous).
Nassau County Department of Social Services,
respondent; Marguerite Mc. (Anonymous), et al.,
appellants.
(Docket No. N-09067-03)

SCHEDULING ORDER

Appeal by Marguerite Mc. and Michael Mc. from an order of the Family Court, Nassau County, dated May 11, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant 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 in the Family Court proceeding to be transcribed for the appeal; 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 it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M13419

S/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

ROBERT W. SCHMIDT

BARRY A. COZIER, JJ.

2004-05361
In the Matter of Minzi Wang, petitioner-
respondent, v John Zhong Qiang Chu,
appellant, et al., respondent.
(Docket No. V-07850-04)

DECISION & ORDER ON MOTION

Appeal by John Zhong Qiang Chu from an order of the Family Court, Queens County, dated May 17, 2004.

Now, on the court's own motion, it is

ORDERED that the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]; Family Ct Act § 1112).

SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M13340

M/nal

2004-05597
In the Matter of Brandon Alfred N. (Anonymous).
Seaman's Society for Children and Families,
respondent; Alfred N. (Anonymous), appellant.
(Docket No. B-5150/03)

SCHEDULING ORDER

Appeal by Alfred N. from an order of the Family Court, Richmond County, dated May 12, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant 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 the Family Court proceedings to be transcribed for the appeal; 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) 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 appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M13345

M/nal

2004-05607
In the Matter of Timothy Nomeland, respondent,
v Ann Hopkins, appellant.
(Docket No. F-01364-00)

SCHEDULING ORDER

Appeal by Ann Hopkins from an order of the Family Court, Richmond County, dated May 27, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant 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 in the Family Court proceeding to be transcribed for the appeal; 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 it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M13341

M/nal

2004-05604
In the Matter of Kelly Ochlan, appellant,
v Raymond Ochlan, respondent.
(Docket No. V-4736/03)

SCHEDULING ORDER

Appeal by Kelly Ochlan from an order of the Family Court, Richmond County, dated May 21, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant 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 in the Family Court proceeding to be transcribed for the appeal; 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 it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M13393

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

SANDRA L. TOWNES

STEVEN W. FISHER, JJ.

2004-02089

In the Matter of Beth Panetta, appellant,
v Gannon T. Ruddy, Sr., respondent.
(Docket No. V-4224-97)

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

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled proceeding dated June 16, 2004, is recalled and vacated and the following decision and order on motion is substituted therefore:

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated February 20, 2004, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in 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 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:

Marlene Lange Budd, Esq.

2 Brush Place

Huntington, New York 11743-6404

(631) 421-3799

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

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Appellate Division: Second Judicial Department

M13219

M/nal

2004-05092
In the Matter of Nektaria Patellis, respondent,
v Antonio Patellis, appellant.
(Docket No. F-02434-03)

SCHEDULING ORDER

Appeal by Antonio Patellis from an order of the Family Court, Rockland County, dated April 23, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant 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 in the Family Court proceeding to be transcribed for the appeal; 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 it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M13243

M/nal

2004-05066
In the Matter of Melissa Rinaldi, respondent,
v Anthony Rinaldi, appellant.
(Docket Nos. V-1219-03, V-1221-03
V-1289-03, V-1290-03)

SCHEDULING ORDER

Appeal by Anthony Rinaldi from an order of the Family Court, Rockland County, dated May 14, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant 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 the Family Court proceedings to be transcribed for the appeal; 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) 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 appeal to show cause why the appeal 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 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M13344

M/nal

2004-05503
In the Matter of Sharon Sitzer, appellant,
v Gary Fay, respondent.
(Docket No.V-1607-93)

SCHEDULING ORDER

Appeal by Sharon Sitzer from an order of the Family Court, Suffolk County, dated May 20, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant 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 the Family Court proceedings to be transcribed for the appeal; 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) 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 appeal to show cause why the appeal 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 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M13241

M/nal

2004-05115
In the Matter of Martina April T. (Anonymous).
Administration for Children's Services, petitioner-
respondent; Martin Mc. (Anonymous), appellant,
et al., respondent.
(Docket No. B-2024/00)

SCHEDULING ORDER

Appeal by Martin Mc. from an order of the Family Court, Queens County, dated May 11, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant 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 the Family Court proceedings to be transcribed for the appeal; 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) 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 appeal to show cause why the appeal 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 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M13378

O/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2004-04652
In the Matter of Sambasiva Rao Venigalla,
et al., respondents, v Dattatreyudu Nori, et al.,
appellants.
(Index No. 15676/01)

DECISION & ORDER ON MOTION

Motion by the appellants to admit Roman Storzer, an attorney in good standing in the District of Columbia, pro hac vice to represent the appellants on an appeal from an order of the Supreme Court, Queens County, dated April 19, 2004.

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

ORDERED that the motion is granted.

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M13375

A/sl

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2001-02605, 2001-02606

The People, etc., respondent,
v Yoni Guzman, appellant.
(Ind. Nos. 1227/00, 120/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to recall and vacate a decision and order on motion of this court dated September 4, 2003, which dismissed, as abandoned, appeals from two judgments of the Supreme Court, Kings County, both rendered March 12, 2001, 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 relation thereto, it is

ORDERED that the motion is denied.

PRUDENTI, P.J., S. MILLER, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M13374

A/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-00666

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

(Ind. No. 8403/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered January 7, 2003, for leave to reargue a motion for leave to serve and file a supplemental appendix on the appeal, which was determined by decision and order of this court dated May 11, 2004.

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

ORDERED that the motion is granted to the extent that so much of the appendix as contains exhibits 1-3, 10, 15-19, and 21-22, is accepted for filing; exhibits 4-9, 11-14, 20, and 23-26 are stricken, the Clerk of the court, or his designee, shall remove those exhibits from the copies of the appendix on file with the Clerk of this court, and any references to those exhibits in the appellant's supplemental pro se brief are deemed stricken and will not be considered in the determination of the appeal.

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M13258

WILLIAM F. MASTRO, J.

2003-09224

The People, etc., plaintiff,
v Daryle Manigault, a/k/a Daryle
Manigold, defendant.
(Ind. No. 11537/98)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated March 14, 2003, 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.

WILLIAM F. MASTRO

Associate Justice

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

Appellate Division: Second Judicial Department

M13257

MYRIAM J. ALTMAN, J.

2004-02766

The People, etc., plaintiff,
v Clarence Smith, defendant.
(Ind. No. 4664/93)

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, Queens County, dated March 1, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

MYRIAM J. ALTMAN

Associate Justice