Appellate Division: Second Judicial Department
M13637
S/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
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2003-06391 Ramon Almonte, et al., respondents, v Western Beef, Inc., appellant, et al., defendants. (Index No. 16506/00)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated July 1, 2004, in the above-entitled case is amended by deleting from the preamble thereof the date "June 6, 2003", and substituting therefor the date "June 16, 2003".
FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13591
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2004-00606 Bank of New York, etc., plaintiff-respondent, v Jaime Ortiz, et al., appellants, et al., defendants; Kenneth Racktoo, intervenor-respondent. (Index No. 7784/98)
| 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, Queens County, dated December 22, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 20, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13569
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2004-00541
Mary Anne Cestaro, appellant, v Mun Yuen Roger Chin, etc., et al., defendants, Citibank, N.A., et al., respondents. (Index No. 22403/01)
| 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, Queens County, dated November 26, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 10, 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
M13598
CF/
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2004-02664 Champion Leasing Group, Inc., appellant, v Glens Falls Insurance Company, respondent. (Index No. 19272/02)
| 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 2, 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
M13632
CF/
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2004-02718 Sandra Cohen, plaintiff-respondent, v David M. Wolfson, etc., defendant, Solomon Halioua, appellant. (Index No. 15512/02)
| 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 January 23, 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
M13596
S/sl
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2003-11016
Degree Security Systems, Inc., appellant, v F.A.B. Land Corp., respondent. (Index No. 29739/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 5, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 6, 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
M13580
CF/
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2004-02224 Kim Diana, respondent, v BAB Radiology, et al., appellants. (Index No. 26303/00)
| 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 February 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
M13609
CF/
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2004-02491 Grace Eames, et al., plaintiffs-respondents, v Town of Smithtown, defendant-respondent, Smithtown Toyota Corp., et al., defendants- appellants. (Index No. 31743/96)
| 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 February 10, 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
M13604
CF/
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2004-02484 Denene Ferguson, respondent, v Jordan Finkelstein, appellant. (Index No. 42979/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated January 26, 2004.
Upon the stipulation of the parties, dated June 24, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13605
CF/
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2004-02915
Juan Garcia, respondent, v Gaetano Fontana, etc., et al., appellants.
(Index No. 50675/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated December 30, 2003.
Upon the stipulation of the parties, dated June 29, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13575
CF/
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2004-02225 Damiel Giannini, et al., appellants, v Love Lane Acquisition Corp., et al., respondents. (Index No. 8657/03)
| 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 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
M13552
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MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
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2004-04608 Dexter Greenwood, respondent, v Charles Tuzzolo, et al., appellants. (Index No. 2684/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated January 6, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending the hearing and determination of the appeal.
ALTMAN, J.P., KRAUSMAN, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13617
CF/
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2004-04032 Tony Harper, respondent, v Steven Torres, et al., appellants. (Index No. 3091/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants Steven Torres and James Sedano to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated April 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 by Steven Torres and James Sedano is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13572
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2003-09670
Rachel J. Henry, etc., et al., appellants, v Advance Process Supply Company, et al., respondents.
(Index No. 4935/95)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a order of the Supreme Court, Queens County, dated September 3, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 28, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13615
CF/
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2004-03404 Luis A. Hill, respondent, v Jose Marco Fuentes, et al., appellants. (Index No. 31108/01)
| 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 March 2, 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
M13579
CF/
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2004-01487 Lekisha Hough, respondent, v New York City Transit Authority, appellant. (Index No. 49219/99)
| 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 December 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
M13581
CF/
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2003-11344 Susan Knapp, et al., appellants, v Town of Philipstown Building Inspector, et al., respondents. (Index No. 803/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Putnam County, dated November 14, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13511
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2003-09771
Jack Leichtner, respondent, v Barbara Leichtner, appellant. (Index No. 17957/92)
| 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, Nassau County, dated October 6, 1993.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 30, 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
M13582
CF/
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2004-02547 Ilze Lemesis, appellant, v Efstratios Vavagiakis, respondent. (Index No. 7410/00)
| 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 March 2, 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
M13621
CF/
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2004-01854 Manda International Corp., d/b/a Strike Force Mechanical, appellant-respondent, v American Home Assurance Company, respondent-appellant. (Index No. 13362/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal and cross appeal from an order of the Supreme Court, Nassau County, dated February 2, 2004.
Upon the stipulation of the parties, dated June 29, 2004, it is
ORDERED that the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13594
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2004-00743
Louis Mari, respondent-appellant, v Mary Mari, appellant-respondent. (Index No. 1560/02)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, dated December 12, 2003.
ORDERED that the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until August 13, 2004, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before September 20, 2004 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13593
S/sl
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2004-00911
Denise Matthias, appellant, v Long Island Jewish Medical Center, etc., et al., respondents. (Index No. 14159-99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered January 6, 2004.
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
Appellate Division: Second Judicial Department
M13574
CF/
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2004-03197 Dolores Pacifico, respondent, v Elias Purow, etc., et al., appellants. (Index No. 14333/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated February 24, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13588
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2003-10475
Bala Hari Pillai, plaintiff, v Kathleen C. Pillai, respondent; Renee E. Schnell, non-party appellant. (Index No. 20446/01)
| 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, Suffolk County, dated October 20, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 14, 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
M13611
CF/
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2004-03953 Eric Ramones, et al., appellants, v Victor E. Ramones, respondent. (Index No. 3531/03)
| 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 March 31, 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
M13601
CF/
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2004-01134 George Rockman, respondent, v Edward Valentine, et al., appellants. (Index No. 23051/03)
| 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 January 12, 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
M13576
CF/
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2004-01375 Joseph Romano, appellant, v JoAnn Romano, respondent. (Index No. 201404/03)
| 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 January 7, 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
M13564
Y/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
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2003-10412, 2004-05167 Victor Schlesinger, etc., appellant, v Nathan Schlesinger, a/k/a Naftoli Schlesinger, a/k/a Nat Schlesinger, et al., respondents; Kolel Damasek Eliezer, amicus-respondent. (Index No. 27246/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to (1) extend the Second Amended Notice of Pendency dated June 19, 2001, and docketed on June 19, 2001, as it pertains to the property known as 712 Wythe Avenue, Brooklyn, and (2) enjoin the amicus-respondent Kolel Damasek Eliezer from transferring, mortgaging, or encumbering the property pending the hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated October 1, 2003, and May 13, 2004, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the amicus-respondent Kolel Damasek Eliezer is enjoined from transferring, mortgaging, or encumbering the property known as 712 Wythe Avenue, Brooklyn, on conditions that (1) the appellant perfect the appeals on or before August 16, 2004, and the record or appendix on the appeals and the appellant's brief be served and filed on or before that date, and (2) the appellant posts an undertaking with corporate surety; and it is further,
ORDERED that the matter is remitted to the Supreme Court, Kings County, to hear and report on the amount of the undertaking with corporate surety to be filed by the appellant pursuant to CPLR 6312(b) and the Supreme Court, Kings County, shall file its report with all convenient speed; and it is further,
ORDERED that the motion is otherwise denied.
ALTMAN, J.P., KRAUSMAN, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13625
CF/
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2004-03681 Rajnikant Shah, respondent, v Diane Raye, appellant. (Index No. 14912/02)
| 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 April 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
M13603
CF/
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2004-01940 Sheila Solomon, et al., respondents, v Sean J. Rogan, appellant. (and a third-party action). (Index No. 25679/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated December 23, 2003.
Upon the stipulation of the parties, dated June 29, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13623
CF/
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2004-04057 Claude Szajna, et al., respondents, v Dorothy Kobak, appellant. (Index No. 19036/03)
| 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 23, 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
M13577
CF/
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2004-02896 Kenneth Wray, respondent, v Nicole H. Hacisavas, et al., appellants. (Index No. 28904/03)
| 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 March 5, 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
M13595
S/sl
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2004-00249
In the Matter of Allstate Insurance Company, respondent, v Fidel Calderon, appellant. (Index No. 249/04)
| 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 June 23, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 6, 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
M13585
O/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
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2003-05104 In the Matter of Augusto Araujo, appellant, v Stacey Rogers, respondent. (Docket No. V-3563-01)
| DECISION & ORDER ON MOTION |
Appeal by Augusto Araujo from an order of the Family Court, Suffolk County, entered May 7, 2003. By order to show cause dated June 8, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated April 19, 2004, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated April 19, 2004, 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 August 24, 2004.
ALTMAN, J.P., KRAUSMAN, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13488
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
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2001-08914, 2002-02618
In the Matter of Ronald J. Chisena, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Ronald J. Chisena, respondent.
| DECISION & ORDER ON MOTION |
Motion by the respondent and cross motion by the Grievance Committee, inter alia, for reargument of an opinion an order of this court dated March 22, 2004, which suspended the respondent from the practice of law for a period of two years. The respondent was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 7, 1975.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are denied.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13466
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
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2004-00851 In the Matter of Austin James Farrell, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Austin James Farrell has voluntarily submitted an affidavit dated January 28, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Farrell was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 17, 1959. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Farrell presently resides in the State of Washington, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Austin James Farrell, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Austin James Farrell is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Austin James Farrell is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Austin James Farrell has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13565
F/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
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2004-03708
In the Matter of Sabina Fishburne, petitioner, Sydney Jennings, appellant, v Franklyn Teelucksingh, respondent. In the Matter of Franklyn Teelucksingh, petitioner, v Sabina Fishburne, et al., respondents. (Docket Nos. V-05237-01, V-04145-01, V-04146-01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated March 12, 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:
John F. DeChiaro, Esq.
2001 Palmer Road - Suite 204
Larchmont, New York 10538
(914) 834-4400
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., KRAUSMAN, COZIER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13571
Y/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
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2004-05422 In the Matter of Maria Gilleo, respondent, v Priscilla Lienhard, appellant. (Docket No. V-1703-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, in effect, to stay enforcement of stated portions of an order of the Family Court, Dutchess County, entered June 18, 2004, pending hearing and determination of an appeal therefrom, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. Cross motion by counsel assigned to represent the respondent in the proceeding before the Family Court, Dutchess County, to be relieved, for the assignment of new counsel to defend the appeal, and for leave to defend the appeal as a poor person.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for a stay is denied; and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are 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:
Arza Feldman, Esq.
300 Rabro Drive
Hauppauge, New York 11788
(631) 272-5207
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; and it is further,
ORDERED that the cross motion is dismissed without prejudice to counsel for the respondent making a new motion for the same relief upon submission of proof of proper service of the motion papers upon the respondent and the Law Guardian and upon the submission of proper papers establishing that the respondent is entitled to poor person relief including her affidavit setting forth her full financial situation including all assets, both real and personal, as well as any and all sources of income, and itemized expenses.
ALTMAN, J.P., KRAUSMAN, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13612
F/
MYRIAM J. ALTMAN, P.J.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-03961 In the Matter of Frances Halpern, appellant, v Joshua Halpern, respondent. (Docket Nos. V-28306-02, V-28307-02)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated April 19, 2004, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the 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:
Richard Cardinale, Esq.
26 Court Street - Suite 1815
Brooklyn, New York 11242
(718) 624-9391
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., KRAUSMAN, COZIER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13462
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-00785 In the Matter of Joel Koppelman, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Joel Koppelman has voluntarily submitted an affidavit dated January 27, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Koppelman was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 18, 1968. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Koppelman presently resides in New Jersey, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Joel Koppelman, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Joel Koppelman is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Joel Koppelman is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Joel Koppelman has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Supreme Court of the State of New York
Appellate Division: Second Judicial Department
M13636
CF/
|
2003-09550 In the Matter of Catherine Krauss. Young, Moriwaki, Isaacs & Greenfader, LLP, et al., appellants. (Index No. 19265/94)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by Robert Krauss to withdraw his appeal from an order of the Supreme Court, Queens County, dated September 2, 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 by Robert Krauss is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13476
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-03726
In the Matter of Je Ho Lee, an attorney and counselor-at-law.
| DECISION & ORDER ON APPLICATION |
Application by the petitioner, Je Ho Lee, for permission to change the name under which he practices law to Jay Ho Lee.
Upon the papers submitted in support of the application and no papers having been submitted in opposition or in response thereto, it is
ORDERED that the application is granted; and it is further,
ORDERED that, effective immediately, the movant's name is changed to Jay Ho Lee in the roll of attorneys and counselors-at-law.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13034
O/sl
DANIEL F. LUCIANO, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2003-04839 In the Matter of Eric Levande, respondent, v Devorah Levande, a/k/a Devorah Shabtai, appellant. (Docket No. V-9467/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to defend an appeal from an order of the Family Court, Kings County, dated May 29, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
LUCIANO, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13608
CF/
|
2004-01894 In the Matter of Stephen LoTurco, appellant, v Lynn Marie Kuhl, respondent. (Docket No. V-1949-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Orange County, dated January 21, 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
M13583
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 16, 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 30, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13570
F/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-01436 In the Matter of Lauren R. (Anonymous). Child Protection Services, respondent; Denise R. (Anonymous), appellant. (Docket No. N-18086-03)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Suffolk County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Suffolk County, dated January 27, 2004, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the 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:
Steven A. Feldman, Esq.
300 Rabro Drive
Hauppauge, New York 11788
(631) 272-5207
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., KRAUSMAN, COZIER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13613
CF/
|
2003-09190 In the Matter of Leonard J. Schreier, deceased. Fred Wilson, et al., respondents; Jane DeGeorge, appellant. (Index No. 103/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Orange County, dated August 20, 2003.
Upon the stipulation of the parties, dated June 11, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13556
R/nal
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-03975
In the Matter of Joseph Seviroli, deceased. Frances Kaszuba, respondent; Maria Serviroli, etc., et al., appellants. (File No. 322635)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to enjoin the petitioner from executing or causing to be executed a judgment of possession and warrant of eviction in connection with the subject property, pending hearing and determination of an appeal from an order of the Surrogate's Court, Nassau County, dated April 7, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., KRAUSMAN, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13614
F/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT F. LIFSON, JJ.
|
2004-04757 In the Matter of Yevgenia Shockome, appellant, v Timothy E. Shockome, respondent. (Docket Nos. V-05156-02, V-05620-02, V-05621-02)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to defend an appeal from an order of the Family Court, Dutchess County, dated May 10, 2004, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defend the appeal:
Salvatore Adamo, Esq.
PMB 185
414 West Sunrise Highway
Patchogue, New York 11772-2254
and it is further,
ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.
ALTMAN, J.P., KRAUSMAN, COZIER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13456
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-00788 In the Matter of Mary C. Verderame, admitted as Mary Christina Verderame, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Mary C. Verderame has voluntarily submitted an affidavit dated January 27, 2004, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Verderame was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 29, 1988, under the name Mary Christina Verderame. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Verderame presently resides in New Jersey, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Mary C. Verderame, admitted as Mary Christina Verderame, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Mary C. Verderame, admitted as Mary Christina Verderame, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Mary C. Verderame, admitted as Mary Christina Verderame, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Mary C. Verderame, admitted as Mary Christina Verderame, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13573
S/nal
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-04858
In the Matter of Jabari W. (Anonymous), appellant. (Docket No. D-20202/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated January 28, 2004, as a poor person, and to assign Diana Kelly, Esq., as the Law Guardian on 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 to assign Diana Kelly, Esq., as Law Guardian on the appeal is denied as unnecessary as her representation of the appellant continues on the appeal (see Family Ct Act § 1120[b]); and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is granted and pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
ALTMAN, J.P., KRAUSMAN, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13606
F/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-03015, 2004-03016, 2004-03017
In the Matter of Khalil W. (Anonymous). Dutchess County Department of Social Services, respondent; Suwaunny W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Rakim W. (Anonymous). Dutchess County Department of Social Services, respondent; Suwaunny W. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-2601-03, N-4342-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motions by the appellant for leave to prosecute appeals from two orders of the Family Court, Dutchess County, both dated January 27, 2004, and an order and judgment of the same court dated March 8, 2004, as a poor person, and for the assignment of counsel.
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 appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:
Carol Kahn, Esq.
225 Broadway - Suite 1515
New York, New York 10007
(212) 227-0206
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
ALTMAN, J.P., KRAUSMAN, COZIER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13012
R/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2001-03788 The People, etc., respondent, v Phillip Almeda, appellant. (Ind. No. 143/00)
| DECISION & ORDER ON MOTION Motion to File a Supplemental Reply Brief |
Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Kings County, rendered April 5, 2001.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13610
S/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2002-03441 The People, etc., respondent, v Anthony Armstead, appellant. (Ind. No. 1646/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered April 2, 2002, to be provided with the transcript of the proceedings at his resentence for use in preparation of his supplemental brief. By decision and order on motion dated March 22, 2004, we granted the appellant's pro se motion for leave to serve and file a supplemental brief; by decision and order on motion dated June 4, 2004, we granted the motion of his assigned counsel to withdraw the excessive sentence motion previously filed on behalf of the appellant, and, in effect, to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the decision and order on motion of this court dated March 22, 2004, is recalled and vacated; and it is further,
ORDERED that the motion by the appellant pro se for leave to serve and file a supplemental brief is denied, without prejudice to renewing that motion once the appeal is perfected; and it is further,
ORDERED that the motion to be provided with the minutes of the proceedings at his resentence is denied as academic.
SMITH, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
02 R 1782
Clinton Corr. Fac.
Box 2002
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M13561
R/nal
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2001-09811 The People, etc., respondent, v Reuben Avent, appellant. (Index No. 157/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to file a pro se supplemental brief on an appeal from a judgment of the County Court, Rockland County, rendered October 23, 2001.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the pro se supplemental brief or informs this court that no pro se supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the pro se supplemental brief and serve one copy on the District Attorney; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief in response to the assigned counsel's brief is enlarged until August 13, 2004, and the respondent's brief must be served and filed on or before that date.
Upon delivering the minutes to the institution, the clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the pro se brief filed.
ALTMAN, J.P., KRAUSMAN, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13616
F/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2003-04638 The People, etc., respondent, v Victor Benavides, appellant. (Ind. No. 2186-02)
| DECISION & ORDER ON MOTION Motion to File a Supplemental Brief |
Renewed motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered May 14, 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; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before September 7, 2004.
ALTMAN, J.P., KRAUSMAN, COZIER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 3136
Adirondack Corr. Fac.
Box 110
Ray Brook, New York 12977
Appellate Division: Second Judicial Department
M13578
S/nal
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-00273, 2003-01557 The People, etc., respondent, v John P. Daly, appellant. (Index No. 1561-01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated April 9, 2004, in the above-entitled case is amended by deleting from the second decretal paragraph thereof the date "July 9, 2004," and substituting therefor the date "July 26, 2004".
SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13566
S/nal
|
2001-04755
The People, etc., respondent, v Mark Gordon, appellant. (Ind. No. 90-023)
| 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, Orange County, rendered May 11, 2001.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 28, 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
M13592
A/sl
THOMAS A. ADAMS, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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1999-02417 The People, etc., respondent, v Anthony C. Libardi, appellant.
(Ind. No. 256/98)
| DECISION & ORDER ON MOTION Motion to File A Supplemental Reply Brief |
Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the County Court, Suffolk County, rendered February 24, 1999.
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.
ADAMS, J.P., TOWNES, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
99-A-1714
Shawangunk Correctional Facility
Box 700
Walkill, New York 12589
Appellate Division: Second Judicial Department
M13619
F/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-02574
The People, etc., respondent, v David Mc Callum, appellant.
(Ind. No. 99-00914)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from an amended judgment of the County Court, Westchester County, rendered February 26, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in 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:
Stephen J. Pittari, Esq.
Legal Aid Society of Westchester County
One North Broadway, 9th Floor
White Plains, New York 10601
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.
ALTMAN, J.P., KRAUSMAN, COZIER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 1182
Wyoming Corr. Fac.
Box 501
Dunbar Road
Attica, New York 14011
Appellate Division: Second Judicial Department
M13620
F/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-02953
The People, etc., respondent, v David Mc Callum, appellant.
(Ind. No. 02-01264)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered February 24, 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:
Stephen J. Pittari, Esq.
Legal Aid Society of Westchester County
One North Broadway, 9th Floor
White Plains, New York 10601
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.
ALTMAN, J.P., KRAUSMAN, COZIER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 1182
Wyoming Corr. Fac.
Box 501
Dunbar Road
Attica, New York 14011
Appellate Division: Second Judicial Department
M13618
F/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2002-05698 The People, etc., respondent, DECISION & ORDER v Peter McGrath, appellant. (Ind. No. 01-00548)
| ON MOTION |
Renewed motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered June 20, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
ALTMAN, J.P., KRAUSMAN, COZIER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
02 A 3385
Clinton Corr. Fac.
Box 2002
Dannemora, New York 12929