Appellate Division: Second Judicial Department
M27507
O/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2004-09831 Nancy Arrigo, respondent, v Christopher Arrigo, appellant. (Index No. 3070/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated September 27, 2004.
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's time to perfect the appeal is enlarged until September 14, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27560
S/sl
|
2005-02720
Piotr Bachurski, et al., appellants, v Polish & Slavic Federal Credit Union, et al., respondents. (Index No. 10863/03)
| ORDER ON APPLICATION |
Application by the respondent Polish & Slavic Federal Credit Union pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated February 7, 2005.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until August 19, 2005, and the movant'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
M27496
CF/
|
2004-09275 William P. Bartone, et al., plaintiffs, v City of New York Department of Sanitation, defendants third-party plaintiffs-respondents; A.A. Truck Renting Corp., third-party defendant-appellant. (Index Nos. 15760/03, 75098/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 10, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M27544
CF/
|
2005-03040 Renee Brown, appellant, v Gloria's Manor Home for Adults, respondent. (Index No. 11544/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated January 21, 2005.
Upon the stipulation of the parties, dated June 28, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27541
CF/
|
2005-02694 Melissa Centeno, appellant, v Wen Yen Yuan, respondent. (Index No. 37595/02)
| 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 31, 2005.
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
M27538
CF/
|
2005-00229 City of New York, respondent, v Lumbermens Mutual Casualty, et al., appellants. (Index No. 7981/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 8, 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
M27451
Y/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2004-11094, 2004-11096 Commissioners of the State Insurance Fund, respondent, v Restoration Management Services, Inc., appellant. (Index No. 5907/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect appeals from an order of the Supreme Court, Westchester County, entered October 19, 2004, and a judgment of the same court dated October 21, 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 it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged until August 5, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27500
CF/
|
2005-01634 Anabela Cutaia, appellant, et al., plaintiffs, v Elise G. Scott, respondent. (Index No. 8808/03)
| 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 6, 2005.
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
M27525
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
ROBERT A. LIFSON, JJ.
|
2004-02976 Paul Faulk, et al., respondents, v Bernard L. Vital, a/k/a Louis B. Vital, defendant, Nissan Motor Acceptance Corporation, appellant. (Index No. 12836/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered March 3, 2004, which was determined by decision and order of this court dated March 21, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
H. MILLER, J.P., RITTER, MASTRO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27516
CF/
|
2005-00152 Kenley Flynch, appellant, v Angela Flynch, et al., respondents. (Index No. 21286/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 18, 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
M27509
E/sl
GLORIA GOLDSTEIN, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-09278 Carol Goode, appellant, v City of New York, respondent, et al., defendants. (Index No. 8484/91)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, dated August 25, 2003, which was determined by decision and order of this court dated February 14, 2005.
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.
GOLDSTEIN, J.P., LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27563
S/sl
|
2004-08228
Johnny Huggins, appellant, v Parkset Plumbing Supply, Inc., et al., respondents. (Index No. 7723/00)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated July 26, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 22, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the reply brief shall be served and filed on or before August 17, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27575
A/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-03826 Interbay Funding, LLC, etc., respondent, v Robert Atkinson, appellant, et al., defendants.
(Index No. 28273/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay the closing of the sale of certain real property, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 23, 2005, and cross motion by the respondent to dismiss the appeal on the ground that the order appealed from denied a motion for leave to reargue.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion and the cross motion are denied.
SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27518
CF/
|
2005-03833 Nancy Jacobson, et al., respondents, v Village of Great Neck Estates, appellant, et al., defendants. (Index No. 4658/03)
| 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 April 1, 2005.
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
M27521
E/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
| Edwin Johnston, Jr., etc., et al., respondents, v City of New York, appellant. (Index No. 419/97)
| 2004-01219DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated December 17, 2003, which was determined by decision and order of this court dated April 18, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27501
CF/
|
2005-01888 James J. Krupa, plaintiff-respondent, v Professional Teleconcepts, Inc., defendant- respondent, Eric Burrell, appellant. (Index No. 5560/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated January 27, 2005.
Upon the stipulation of the parties, dated June 29, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27519
CF/
|
2005-05334, 2005-05335 David Lamendola, et al., respondents, v Priscilla Esposito, appellant. (Index No. 29644/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from an order of the Supreme Court, Suffolk County, dated May 17, 2005, and a judgment of the same court entered May 27, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27506
CF/
|
2005-01845 Andrea Lang, et al., appellants, v Mustafa Aslan, defendant, Getty Gas Station, et al., respondents. (Index No. 15913/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Suffolk County, dated August 9, 2004.
Upon the stipulation of the parties, dated June 27, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27524
Y/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
WILLIAM F. MASTRO, JJ.
|
2005-06004 Julie Levine, plaintiff, v Robert Levine, defendant. (Index No. 9938/99)
| DECISION & ORDER ON MOTION |
Motion by the defendant, inter alia, for leave to appeal to this court from an order of the Supreme Court, Westchester County, dated June 20, 2005, and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied as unnecessary as the order dated June 20, 2005, is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., SCHMIDT, ADAMS and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27545
CF/
|
2005-02374 Susan Linder, respondent, v Craig Linder, appellant. (Index No. 200492/03)
| 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 February 1, 2005.
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
M27559
S/sl
|
2004-11099, 2004-11100, 2004-11101, 2004-10259
Manhattanville College, appellant, v James John Romeo Consulting Engineer, P.C., et al., respondents. (Index No. 1327/00)
| 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 four orders of the Supreme Court, Westchester County, one dated October 12, 2004, and three dated November 8, 2004, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before August 2, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27528
E/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2004-06097 Fabian Martinez, etc., et al., respondents, v County of Suffolk, appellant, et al., defendant. (Index No. 25419/99)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated July 1, 2004, which was determined by decision and order of this court dated April 25, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
FLORIO, J.P., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27499
CF/
|
2005-02961 Barbara McArdle, et al., appellants, v Patricia Hurley, respondent. (Index No. 14078/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 28, 2005.
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
M27504
E/sl
DAVID S. RITTER, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-08835 Mountains Realty Corp., respondent, v Esther Gelbelman, appellant. (Index No. 16640/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated August 20, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and cross motion by the respondent to dismiss the appeal on the ground, inter alia, that no appeal lies from an order denying reargument.
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 is granted; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal on the ground that no appeal lies from an order denying reargument is denied without prejudice to raising the issue in the respondent's brief; and it is further,
ORDERED that the cross motion is otherwise denied; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until August 15, 2005, and the respondent's brief must be served and filed on or before that date.
RITTER, J.P., SKELOS, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27547
CF/
|
2005-00357 Sylvia Muth, appellant, v Johanna DiGiovanni, et al., respondents. (Index No. 24750/99)
| 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 November 15, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27548
R/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2004-08543 Patrick O'Malley, et al., appellants, v Hill and Dale Property Owners, Inc., et al., respondents. (Index No. 0231/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - April 2005 Calendar", dated May 10, 2005, as dismissed an appeal from an order of the Supreme Court, Putnam County, dated September 3, 2004, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27514
CF/
|
2005-04839 Omega Diagnostic Imaging, P.C., respondent, v Physicians' Reciprocal Insurers, appellant. (Index No. 9057/04)
| 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 April 4, 2005.
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
M27512
CF/
|
2005-05780 Omega Diagnostic Imaging, P.C., respondent, v Physicians' Reciprocal Insurers, appellant. (Index No. 9057/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated April 22, 2005.
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
M27517
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
ROBERT A. SPOLZINO, JJ.
|
2003-09368 Darrian Owens, respondent, v City of New York, appellant, et al., defendants. (Index No. 5811/95)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal to this court from an amended order of the Appellate Term of the Supreme Court, Second and Elventh Judicial Districts, dated July 11, 2003, which affirmed a judgment of the Civil Court, Kings County, entered October 11, 2000, which was determined by decision and order of this court dated April 18, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
H. MILLER, J.P., RITTER, RIVERA and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27571
F/
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-05127
The People of the State of New York, respondent, v Richard Babcock, appellant. (Ind. No. 94-00485)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment |
Motion by counsel assigned to represent the appellant before the County Court, Orange County, in connection with proceedings pursuant to Correction Law § 168-n to be relieved of an assignment to prosecute an appeal from a determination of the County Court, Orange County, dated April 29, 2005, and to assign new counsel to represent the appellant on the appeal.
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 former counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
John M. Schwartz, Esq.
103 Washington Avenue
Suffern, New York 10901
and it is further,
ORDERED that pursuant to Correction Law article 6-C the appellant's status as a poor person continues on appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
SCHMIDT, J.P., ADAMS, MASTRO, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27561
S/sl
|
2004-10278
Douglas Percoco, appellant, v Janice Lesnak, respondent. (Index No. 18067/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated October 4, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 15, 2005, 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
M27562
S/sl
|
2005-00724
Michelle Y. Pessin, appellant, v Ellen R. Glenn, et al., respondents. (Index No. 7528/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated December 21, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 13, 2005, 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
M27585
A/sl
GLORIA GOLDSTEIN, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-03155 Progressive International Co., respondent, v Varun Continental, Ltd., appellant. (Index No. 11223/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated March 11, 2004, which was determined by decision and order of this court dated March 14, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
GOLDSTEIN, J.P., LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27520
CF/
|
2005-03616 Maria N. Ramirez, respondent, v David S. Edrich, et al., appellants. (Index No. 23931/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 23, 2005.
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
M27498
CF/
|
2004-08285 Richard A. Dubi, P.C., respondent, v Bryan Wayne Kishner, appellant. (Index No. 10212/04)
| 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 August 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
M27540
CF/
|
2005-05747 Tanya Linzalone Servedio, appellant, v Dominick Servedio, respondent. (Index No. 203472/02)
| 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 May 17, 2005.
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
M27510
CF/
|
2004-09899
Lucindo Suarez, et al., respondents-appellants, v Soundview Associates Co., et al., respondents, Edyie Lopez, et al., appellants-respondents. (Index No. 17627/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 27, 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 of the appellants-respondents is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27497
CF/
|
2005-00382 Pedro Torres, et al., appellants, v BJ's Wholesale Club, Inc., respondent. (Index No. 28025/01)
| 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 November 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
M27508
CF/
|
2005-01169 Ulster Savings Bank, respondent, v Alexa Marie Largoza, etc., appellant. (Index No. 26312/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Suffolk County, dated November 19, 2004.
Upon the stipulation of the parties, dated June 28, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27549
CF/
|
2005-02873 Washington Mutual Bank, respondent, v Robert A. Carlucci, et al., appellants. (Index No. 3364/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated February 8, 2005.
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
M27515
E/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-07731 Whaling Willie's Roadhouse Grill, Inc., appellant, v Sea Gulls Partners, Inc., et al., respondents.
(Index No. 17721/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents Sea Gulls Partners, Inc., and Seagulls, LLC, for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated August 13, 2004, which was determined by decision and order of this court dated April 11, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27470
M/nal
|
2005-02010, 2005-02012, 2005-02013
In the Matter of George B. (Anonymous). Administration for Children's Services, petitioner-respondent; Maribel R. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Demi Marie B. (Anonymous), a/k/a Demi B. (Anonymous). Administration for Children's Services, petitioner-respondent; Maribel R. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Amanda Merry B. (Anonymous), a/k/a Amanda B. (Anonymous). Administration for Children's Services, petitioner-respondent; Maribel R. (Anonymous), appellant, et al., respondent. (Proceeding No. 3 ) (Docket Nos. B-18195/00, B-18196/00, B-18197/00)
| ORDER TO SHOW CAUSE |
Appeals by Maribel R. from three orders of the Family Court, Kings County, all dated December 30, 2004. By decision and order on motion of this court dated May 23, 2005the appellant was granted leave to renew a motion for leave to prosecute the appeals as a poor person on or before July 1, 2005. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are 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 by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before August 3, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27457
R/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-06143 In the Matter of Victor Dunning, petitioner, v Kristi Hill, respondent. (Proceeding No.1) In the Matter of Kristi Dunning, petitioner, v Victor Dunning, respondent. (Proceeding No. 2) (Docket Nos. V-04845/04, V-04846/04, V-05268/04, V-11527/04)
| DECISION & ORDER ON MOTION |
Motion by Kristi Dunning for leave to appeal to this court from an order of the Family Court, Nassau County, dated April 28, 2005, to stay enforcement of the order pending hearing and determination of the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court from the order dated April 28, 2005, is granted; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order dated April 28, 2005, is granted, and enforcement of the order dated April 28, 2005, is stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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:
Judith Ellen Stone, Esq.
2819 Harbor Rd.
Merrick, New York 11566
(516) 623-0897
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.
SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27569
M/nal
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM A. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-04129
In the Matter of Joan Marie Eisemann, appellant, v Richard Hurley, respondent. (Docket Nos. V-21356/04, V-21357/04, V-21358/04, V-21359/04)
| DECISION & ORDER ON MOTION |
Appeal by Joan Marie Eisemann from an order of the Family Court, Suffolk County, dated April 1, 2005. By order to show cause dated June 20, 2005, 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 May 11, 2005, issued pursuant to 22 NYCRR 670.4(a)(2), and which required, in the second decretal paragraph thereof, that "within 30 days after the date of this scheduling order, the appellant shall file in the office of the clerk of this court . . . an affidavit or affirmation stating that there are no minutes to be transcribed."
Now, on the court's own motion, and the papers filed in response to the order to show cause, including an affidavit that there are no minutes to be transcribed, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until August 31, 2005.
SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27455
F/
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-05004, 2005-05008
In the Matter of Daqwuan G. (Anonymous). Administration for Children's Services, respondent; Danette E. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Tahjae G. (Anonymous). Administration for Children's Services, respondent; Danette E. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-28078-02, N-28079-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Kings County, dated February 7, 2005, and April 22, 2005, respectively, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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 m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:
Elliot Green, Esq.
26 Court Street - Suite 1215
Brooklyn, New York 11242
(718) 260-8668
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.
SCHMIDT, J.P., ADAMS, MASTRO, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27459
F/
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-05199
In the Matter of Joseph M. (Anonymous). Administration for Children's Services, et al., respondents; Maribel R. (Anonymous), appellant. (Docket No. B-18194-00)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by 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 December 30, 2004, and to grant the appellant leave 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 branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before July 25, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before August 15, 2005, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
SCHMIDT, J.P., ADAMS, MASTRO, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27568
M/nal
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM A. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-01774 In the Matter of Raul Matos, appellant, v Nancy Cruz, respondent. (Docket No. F-06868-02)
| DECISION & ORDER ON MOTION |
Appeal by Raul Matos from an order of the Family Court, Kings County, dated December 14, 2004. By order to show cause dated June 7, 2005, the parties or their attorneys were directed to show cause 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, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and the papers filed in relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated April 19, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27543
Y/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-05914 In the Matter of Angelus N. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, appellant; Sabrina N. (Anonymous), et al., respondents. (Proceeding No. 1) (Docket No. N-15176/05) In the Matter of Isiah B. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, appellant; Sabrina N. (Anonymous), et al., respondents. (Proceeding No. 2) (Docket No. N-15177/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to direct that it be allowed to supervise the respondents' care of the subject children pending hearing and determination of an appeal from an order of the Family Court, Kings County, dated June 15, 2005, and to remit the matter to a different judge of the Family Court, Kings County.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to direct that the appellant be allowed to supervise the respondents' care of the subject children pending hearing and determination of the appeal is granted and pending hearing and determination of the appeal the appellant shall supervise the respondents' care of the subject children; and it is further,
ORDERED that the branch of the motion which is to remit the matter to a different judge of the Family Court, Kings County, is denied without prejudice to raising the issue in the appellant's brief.
SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27567
M/nal
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM A. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-04275
In the Matter of Ashley P. (Anonymous). Charlotte W. (Anonymous), respondent; Kenneth P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Charlotte W. (Anonymous), respondent, v Kenneth P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Kenneth P. (Anonymous), petitioner, v Charlotte W. (Anonymous), respondent. (Proceeding No. 3) (Docket Nos. A-499-04, O-18778-04, V-23006-04)
| DECISION & ORDER ON MOTION |
Appeal by Kenneth P. from an order of the Family Court, Suffolk County, dated April 8, 2005. By order to show cause dated June 21, 2005, 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 proceedings for failure to comply with a scheduling order dated May 11, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
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 the appellant's time to comply with the scheduling order dated May 11, 2005, is enlarged until August 1, 2005.
SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27566
A/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2004-09286 In the Matter of Carmen P. (Anonymous), appellant; Verna Eggleston, etc., respondent. (Index No. 100181/03)
| DECISION & ORDER ON MOTION |
Motions by the appellant on an appeal from an order of the Supreme Court, Kings County, dated September 17, 2003, (1) to assign a Spanish interpreter to the appellant, and (2) to take judicial notice of the proceedings which occurred in this matter before the Supreme Court, Kings County, on December 7, 2004.
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 motion to assign a Spanish interpreter is denied, without prejudice to the appellant making a motion for the same relief in the Supreme Court, Kings County; and it is further,
ORDERED that the motion to take judicial notice of the proceedings which occurred in this matter before the Supreme Court, Kings County, on December 7, 2004, is granted.
H. MILLER, J.P., COZIER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27474
F/
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-03775 In the Matter of Jonathan R. (Anonymous). Seaman's Society for Children and Families, et al., respondents; Michael R. (Anonymous), appellant. (Docket No. B-5276-04)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Richmond County, dated April 12, 2005, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 Court Act § 1116); and it is further,
ORDERED that the stenographers(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 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and 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:
Mark Diamond, Esq.
Box 287356 - Yorkville Station
New York, New York 10128
(212) 876-8335
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.
SCHMIDT, J.P., ADAMS, MASTRO, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27255
M/nal
|
2005-05163 In the Matter of Candita Rawlins, respondent, v Arthur Kevin Williams, appellant. (Docket No. F-1599-04)
| SCHEDULING ORDER |
Appeal by Arthur Kevin Williams from an order of the Family Court, Nassau County, dated May 20, 2005. By decision and order on motion of this court dated July 5, 2005, the following attorney was assigned as counsel on the appeal:
Kent V. Moston, Esq.
Legal Aid Society of Nassau County
One Helen Keller Way
Hempstead, New York 11550
(516) 560-6400
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 transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated July 5, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M27485
F/
HOWARD MILLER, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN, JJ.
|
2002-06011 The People, etc., respondent, v Angel Aguiza, appellant. (Ind. No. 1047/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Queens County, rendered June 10, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
H. MILLER, J.P., S. MILLER, KRAUSMAN, and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27570
F/
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2004-05634, 2005-05635 The People, etc., respondent, v Edgar Alvarez, a/k/a Carlos Chavarriaga, appellant. (Ind. Nos. 10216/02, 10613/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on appeals from two judgments of the Supreme Court, Queens County, both rendered March 22, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
SCHMIDT, J.P., ADAMS, MASTRO, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
04 A 1732
Coxsackie Corr. Fac.
Box 999
Coxsackie, New York 12051
Appellate Division: Second Judicial Department
M27551
F/
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
1994-04407 The People, etc., respondent, v Michael Brickhouse, appellant. (Ind. No. 1970/93)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered April 26, 1994.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
SCHMIDT, J.P., ADAMS, MASTRO, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27535
F/
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-03875, 2005-04203 The People, etc., respondent, v Joseph Caulfield, appellant. (Ind. Nos. 2595/01, 2116/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeals from two judgments of the County Court, Nassau County, both rendered April 1, 2005, for leave to prosecute the appeals 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 upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27483
F/
DAVID S. RITTER, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-05142
The People, etc., plaintiff, v Christian Cintron, defendant. (Ind. No. 814/04)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered April 5, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., SKELOS, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 1999
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M27581
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-04588 The People, etc., respondent, v Robert Dean, appellant. (Ind. No. 2577-01)
| 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 resentence of the County Court, Suffolk County, imposed April 28, 2005, pursuant to chapter 738 of the Laws 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's motion papers; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the resentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings 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 on motion 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 resentencing, 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 resentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that 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 decision and order on motion upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 5273
Clinton Corr. Fac.
Box 2001
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M27564
F/
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2004-01449 The People, etc., respondent, v William Duff, appellant. (Ind. No. 436-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an
appeal from a judgment of the County Court, Suffolk County, rendered January 6, 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.
SCHMIDT, J.P., ADAMS, MASTRO, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27565
F/
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, J.P.
|
2004-01648 The People, etc., respondent, v Colin Edwards, appellant. (Ind. No. 4680/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered January 16, 2004, 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.
SCHMIDT, J.P., ADAMS, MASTRO, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
04 A 0514
Clinton Corr. Fac.
Box 2001
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M27505
R/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2002-02820 The People, etc., respondent, v James Johnson, appellant. (Ind. No. 6054/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, in effect, for leave to serve and file an appendix to his supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered March 15, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
02-A-1869
Shawangunk Correctional Facility
Box 700
Wallkill, NY 12589
Appellate Division: Second Judicial Department
M27458
E/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-02978 The People, etc., appellant, v Vincent Litto, respondent. (Ind. No. 404/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 31, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing its brief on the appeal is enlarged until August 22, 2005.
SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27552
F/
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-05517 The People, etc., respondent, v Robert Lue, appellant. (Ind. No. 03-01661)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from a judgment of the County Court, Westchester County, rendered April 26, 2005, on the grounds that the defendant is not amenable to the jurisdiction of this court.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see People v Genet, 59 NY2d 80).
SCHMIDT, J.P., ADAMS, MASTRO, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27413
E/sl
DAVID S. RITTER, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2002-05719, 2002-05743, 2004-10512 The People, etc., respondent, v Richard Montalvo, appellant. (Ind. Nos. 97-01267, 99-01250, 00-00014)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from three judgments of the Supreme Court, Westchester County, all rendered May 22, 2002, in effect, to extend his time to take an appeal from the judgment rendered May 22, 2002, under Indictment No. 99-01250, for leave to prosecute that appeal as a poor person, to assign John P. Savoca, Esq., as counsel, and to strike footnote four of the respondent's brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to extend the time to take an appeal from the judgment rendered May 22, 2002, under Indictment No. 99-01250, for leave to prosecute the appeal as a poor person, and to assign John P. Savoca, Esq., as counsel are denied as unnecessary since the defendant filed a timely notice of appeal from the judgment rendered May 22, 2002, under Indictment No. 99-01250, and in light of the decision and order on motion of this court dated December 6, 2004; and it is further,
ORDERED that the branch of the motion which is to strike footnote four of the respondent's brief is granted, and on or before August 12, 2005, the respondent shall delete or remove that footnote from the copies of the brief on file with the Clerk of this court or serve and file a replacement brief that does not contain the stricken material.
RITTER, J.P., SKELOS, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27513
E/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2001-08007 The People, etc., respondent, v Dowan Myers, appellant. (Ind. No. 371/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the County Court, Suffolk County, rendered August 6, 2001, which was determined by decision and order of this court dated April 25, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27546
F/
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
1993-08452 The People, etc., respondent, v Kurt Nedrick, appellant. (Ind. No. 636/87)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered November 9, 1993.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
SCHMIDT, J.P., ADAMS, MASTRO, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27488
F/
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-04803
The People, etc., respondent, v Jadair Newkirk, appellant. (Ind. No. 04-00626)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered May 12, 2005, 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 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 and 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:
David L. Rich, Esq.
175 Main Street - Suite 711-2
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.
SCHMIDT, J.P., ADAMS, MASTRO, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
Please make inquiry to the State Inmate Locator
New York State Department of Correctional Services
Telephone: (518) 457-0043
Appellate Division: Second Judicial Department
M27478
F/
DAVID S. RITTER, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-05006
The People, etc., plaintiff, v Alicia Ordonez, defendant. (Ind. No. 04-00143)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Rockland County, rendered December 7, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., SKELOS, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 G 1168
Bedford Hills Corr. Fac.
Box 1000
Bedford Hills, New York 10507
Appellate Division : Second Judicial Department
M27444
F/
A. GAIL PRUDENTI, P.J.
|
2005-04865
The People, etc., plaintiff, v Rudolph Rossi, defendant. (Ind. No. 5801/89)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 14, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
. A. GAIL PRUDENTI
Presiding Justice
Appellate Division: Second Judicial Department
M27557
A/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2003-05072 The People, etc., respondent, v Eddie Rush, appellant.
(Ind. No. 404/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered May 20, 2003, for leave to reargue a motion to relieve counsel assigned to prosecute the appeal and for the assignment of new counsel, which was determined by decision and order on motion of this court dated April 11, 2005, and for an enlargement of time to serve and file a supplemental brief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to reargue the prior motion to relieve counsel assigned to prosecute the appeal and for the assignment of new counsel is denied; and it is further,
ORDERED that the branch the motion which is for an enlargement of time to serve and file a supplemental brief is granted, and the appellant's supplemental brief shall be served and filed on or before October 18, 2005; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27536
Y/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2004-01447 The People, etc., respondent, v Richard W. Russillo, appellant. (Ind. No. 2486/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Suffolk County, rendered February 4, 2004.
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 respondent's time to serve and file its brief is enlarged until July 21, 2005, and the respondent's brief shall be served and filed on or before that date.
SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27572
F/
HOWARD MILLER, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN, JJ.
|
2004-09232 The People, etc., respondent, v Dechanelle Stewart, appellant. (Ind. No. 2847-03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered September 13, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on November 22, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
Upon the papers filed in support of the motion and the papers filed relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Karl E. Bonheim, Esq.
P.O. Box 145
431 Griffing Avenue
Riverhead, New York 11901
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 if 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 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.
H. MILLER, J.P., S. MILLER, KRAUSMAN, and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 G 0882
Lakeview Shock Incarceration
P.O. Box T
Brocton, New York 14716-0679
Appellate Division: Second Judicial Department
M27553
F/
HOWARD MILLER, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN, JJ.
|
2002-11363 The People, etc., respondent, v Alex Vielman, appellant. (Ind. No. 8891/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered November 19, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
H. MILLER, J.P., S. MILLER, KRAUSMAN, and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
02 A 6570
Shawangunk Corr. Fac.
Box 700
Wallkill, New York 12589
Appellate Division: Second Judicial Department
M27539
F/
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-05140
The People, etc., plaintiff, v Alvin Walker, defendant. (Ind. No. 1438/04)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered December 20, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., ADAMS, MASTRO, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 R 2125
Five Points Corr. Fac.
Box 119
Romulus, New York 14541
Appellate Division : Second Judicial Department
M27443
F/
A. GAIL PRUDENTI, P.J.
|
2005-04711
The People, etc., plaintiff, v Gabriel Wheeler, defendant. (Ind. No. 1576/99)
| 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 April 20, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
A. GAIL PRUDENTI
Presiding Justice