Appellate Division: Second Judicial Department

M27555

A/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2004-08505 Zahid Ali, respondent, v Riaz Ahmad, et al., appellants. (Index No. 18721/03)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated June 28, 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 respondent's brief which was submitted to the Clerk of this court on July 12, 2005, is accepted for filing; and it is further,

ORDERED that on the court's own motion the appellants' time to serve and file a reply brief, if any, is enlarged until July 28, 2005, and the reply 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

M27615

S/sl

2005-00326 William Alston, appellant, v Patrick Aversano, et al., respondents. (Index No. 1117/04)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated November 22, 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.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27637

A/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-00139, 2004-01776 Isabel Astudillo, appellant, v Flushing Hospital Medical Center, et al., defendants, Geddis Abel-Bey, etc., et al., respondents. (Index No. 24635/00)

DECISION & ORDER ON MOTION

Motion by the respondent Geddis Abel-Bey for leave to reargue appeals from two orders of the Supreme Court, Queens County, dated November 10, 2003, and November 28, 2003, respectively, which were determined by decision and order of this court dated May 16, 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.

H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27594

J/sl

2004-07356 Roger Baillargeon, et al., respondents, v Kings County Waterproofing Corp., et al., defendants, Gordon H. Smith Corporation, appellant. (Index No. 50648/01)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Kings County, dated August 6, 2004.

ORDERED that the application is granted and the respondents' time to file a brief is enlarged until July 22, 2005, and the respondents' brief must be filed on or before that date; and it is further,

ORDERED that the reply brief must be served and filed on or before August 1, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27578

A/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2005-03114 Beneficial Mortgage Corporation, respondent, v Carl Lawrence, et al., appellants, et al., defendants. (Index No. 15880/02)

DECISION & ORDER ON MOTION

Motion by the appellants pro se on an appeal from a judgment of the Supreme Court, Westchester County, entered March 24, 2005, for leave to reargue a motion to stay enforcement of the judgment, pending hearing and determination of the appeal which was determined by decision and order on motion of this court dated April 27, 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.

H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27636

A/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2004-08599 James BiLello, et al., respondents, v Genesis Seafood, Inc., et al., defendants; Elsie Rockett, nonparty-appellant. (Index No. 14090/02)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant pro se on an appeal from an order of the Supreme Court, Nassau County, dated July 30, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

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

ORDERED that the motion is granted.

SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27628

S/sl

2005-01128 Ted Demirjian, et al., respondents, v Annamae Pomer, appellant, etc., et al., defendant. (Index No. 19335/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated January 4, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 22, 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

M27600

J/sl

2005-00623 Irene Kostrzewski, et al., respondents, v Pioneer Coach Lines, Inc., et al., appellants. (Index No. 3207/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an amended order of the Supreme Court, Queens County, dated December 8, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 6, 2005, 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

M27648

R/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-05332 Andrew Lastuvka, respondent, v Kim E. Pearson, et al., defendants, P.C. Richard & Son Long Island Corporation, et al., appellants. (Index No. 6929/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, entered May 5, 2005.

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 trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 17, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 17, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27613

J/sl

2004-11184 Naomi Laughton, respondent, v City of New York, appellant. (Index No. 28907/98)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, entered November 29, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 25, 2005, 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

M27677

E/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-06154 M. Fund, Inc., appellant, v Selwyn Carter, et al., respondents. (Index No. 22445/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, to enjoin the respondent, his agents assignees, or anyone acting on his behalf, from cancelling the notice of pendency against the subject property, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated June 2, 2005, and to direct the appellant to post an undertaking in the sum of only $500 as a condition of the stay, and cross application by the respondent K & G Developers, N.Y., Inc., to direct the appellant to post an undertaking in the sum of $500,000 as a condition of any stay which may be granted.

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

ORDERED that the branch of the motion which is, in effect, to enjoin the respondent, his agents, assignees, or anyone acting on his behalf, from cancelling the notice of pendency against the subject property, pending hearing and determination of the appeal, is granted and pending hearing and determination of the appeal the respondent, his agents, assignees, or anyone acting on his behalf, are enjoined from cancelling the notice of pendency against the subject property, on conditions (1) that the appeal is perfected on or before August 15, 2005, and (2) the appellant serve and file an undertaking with corporate surety in the sum of $15,000 in the office of the County Clerk of Westchester County on or before August 15, 2005, in terms that if the order appealed from, or any part of it, is affirmed, the surety will indemnify the respondents if it is ultimately determined that the respondents sustained a loss due to the appellant's conduct during the period that the injunction was in effect; and it is further,

ORDERED that in the event that the appellant fails to comply with either of the above conditions the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay on three days notice; and it is further,

ORDERED that the branch of the motion which is to direct the posting of an undertaking in the sum of $500 as a condition of the stay, and the cross application are granted to the extent indicated above; and it is further,

ORDERED that the motion is otherwise denied.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27584

R/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-05085 Malankara Archdiocese of the Syrian Orthodox Church in North Americas, et al., respondents, v Mathew Thomas, etc., et al., appellants. (Index No. 1579/03)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order and judgment (one paper) of the Supreme Court, Rockland County, dated May 18, 2005, for leave to prosecute the appeal on the original papers.

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 appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that on the court's own motion, the decision and order on motion of this court dated June 17, 2005, is amended by deleting from the decretal paragraphs thereof the date "July 18, 2005," and substituting therefor the date "August 15, 2005."

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27590

A/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-00911 Denise Matthias, appellant, v Long Island Jewish Medical Center, et al., respondents. (Index No. 14159/99)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent C. Walter, P.A., inter alia, to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered January 6, 2004, insofar as asserted against it, on the ground that it was not served with the notice of appeal in accordance with a decision and order on motion of this court dated April 26, 2005.

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 appeal is dismissed insofar as asserted against the respondent C. Walter, P.A., without costs or disbursements.

SANTUCCI, J.P., GOLDSTEIN, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27627

S/sl

2005-00766 Marie Michel, respondent, v Mainco Elevators Industries, Inc., defendant, Long & DeLosa, appellant. (Index No. 34956/01)

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 July 7, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 11, 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

M27601

Y/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-04449 Dean Nasca, et al., respondents, v Michael Gertel, et al., appellants. (Index No. 17978/02)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated March 23, 2005, as untimely taken. Application by the appellants for the imposition of costs and sanctions against the respondent.

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

ORDERED that the branch on the motion which is to dismiss the appeal is denied and the notice of appeal which was filed on May 4, 2005, is deemed timely served (see CPLR 5520[c]); and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is denied without prejudice to the appellants making a motion for the same relief (see CPLR 8022[b]).

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27580

A/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE, JJ.

2005-06038 Liza Nill, appellant, v William Nill, Jr., respondent. (Index No. 14609/03)

DECISION & ORDER ON MOTION

Appeal by Liza Nill from an order of the Supreme Court, Westchester County, dated May 3, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered on consent of the parties (see CPLR 5511).

SCHMIDT, J.P., ADAMS, KRAUSMAN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27620

J/sl

2005-00870 Karen Picasso, respondent, v Charles Picasso, appellant. (Index No. 18420/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated December 21, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 19, 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

M27605

J/sl

2004-10436 Angel Nicole Redmond, etc., respondent, v Jamaica Hospital Medical Center, et al., appellants. (Index No. 20270/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Queens County, dated October 27, 2004.

ORDERED that the application is granted and the appellants' time to perfect their respective appeals is enlarged until August 17, 2005, and the joint record or joint appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27622

J/sl

2004-09488 Kim A. D'Onofrio Ruden, respondent, v Town of Hempstead, appellant, et al., defendants. (Index No. 1010/99)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, dated October 13, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 26, 2005, 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

M27558

A/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2004-08479 Willard Stillman, respondent, v Edward Kalikow, et al., appellants, et al., defendants. (Appeal No. 1) 2005-05811 Willard Stillman, appellant, v Edward Kalikow, et al., respondents. (Appeal No. 2) (Index No. 3874/02)

DECISION & ORDER ON MOTION

Motion by the appellants in Appeal No. 1 (Appellate Division Docket No. 2004-08479) to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated September 21, 2004, and separate motion by the appellant in Appeal No. 2 (Appellate Division Docket No. 2005-05811) to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the same court dated April 20, 2005.

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the motions are granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeals, on condition that the appeal from the order dated April 20, 2005, is perfected on or before August 17, 2005; and it is further,

ORDERED that in the event the appeal from the order dated April 20, 2005, is not perfected on or before August 17, 2005, the court, on its own motion, may vacate the stay.

SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27587

A/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2003-06309 Milton Thompson, appellant, v State of New York, respondent. (Claim No. 107129)

DECISION & ORDER ON MOTION

Motion by the appellants to recall and vacate so much of a decision and order on motion of this court dated May 24, 2004, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - May 2004 Calendar" as dismissed an appeal from an order of the Court of Claims, dated June 9, 2003, for failure to timely perfect, to reinstate the appeal, and for leave to prosecute the appeal as a poor person.

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.

KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27588

S/sl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-03448, 2005-05389 Margarita T. Walter, appellant, v John Walter, respondent. (Index No. 17328/01)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Westchester County, dated February 25, 2005, and a judgment of the same court, dated May 3, 2005, inter alia, to stay stated portions of the judgment pending hearing and determination of the appeal, for leave to prosecute the appeal as a poor person, to enlarge the time to perfect the appeal from the order, to consolidate the appeals, and for other relief.

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 enlarge the time to perfect the appeal from the order is granted, the appellant's time to perfect that appeal is enlarged until November 30, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22NYCRR 670.7[c]); and it is further,

ORDERED that the motion is otherwise denied in all respects.

SCHMIDT, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27624

S/sl

2005-00571 West End Properties Association of Camp Mineola, Inc., appellant-respondent, v Robert E. Anderson, respondent-appellant. (Index No. 16931/98)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated July 23, 2004.

ORDERED that the application is granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until September 12, 2005, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27591

Y/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-02463 Howard L. Wexler, respondent-appellant, v Barbara E. Wexler, appellant-respondent. (Index No. 505/01)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to strike the joint record and the brief of the appellant-respondent on an appeal from a judgment of the Supreme Court, Kings County, dated February 11, 2004, on the ground that the joint record is incomplete.

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

ORDERED that the motion is denied on condition that, on or before September 16, 2005, the appellant-respondent (1) serves and files a supplemental record containing (a) the missing trial transcripts dated July 15, 2002, August 5, 2002, September 23, 2002, November 20, 2002, January 2, 2003, March 10, 2003, and September 10, 2003, or proof from the court reporter that no testimony was taken on those dates, and (b) all trial exhibits, unless the parties stipulate to omit them pursuant to 22 NYCRR 670.10.2(b)(6); and (2) the appellant-respondent properly settles the transcripts, already in the record pursuant to CPLR 5525, and includes any corrections to those transcripts in the supplemental record; 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 October 17, 2005 (see 22 NYCRR 670.8[c][3]).

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27537

S/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

1991-06201 In the Matter of Charles F. Darlington, admitted as Charles Francis Darlington III, a disbarred attorney. (Attorney Registration No. 1526789)

DECISION & ORDER ON APPLICATION

Application by the respondent, Charles F. Darlington, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar on March 16, 1966, at a term of the Appellate Division of the Supreme Court in the Second Judicial Department, under the name Charles Francis Darlington III. By opinion and order of this court dated April 25, 1988, he was disbarred upon his conviction in the United States District Court for the Southern District of New York of three counts of filing false instruments on immigration petitions (a felony) in violation of 18 USC §§ 1001 and 1002. By decision and order on motion of this court dated October 7, 1991, his motion to vacate the order of disbarment, to amend the sanction imposed to a suspension, and to allow him to apply for reinstatement were denied. By decisions and orders on motions dated April 23, 1996, and April 28, 1997, respectively, the respondent's first two applications for reinstatement were denied. By subsequent decision and order on motion of this court dated June 25, 1997, his motion for reconsideration and/or renewal of his second application was denied. By further decisions and orders on motions dated February 17, 1998, and August 7, 2001, respectively, his third and fourth applications for reinstatement were denied. By decision and order on motion dated December 12, 2001, his motion, inter alia, for reconsideration of the decision and order on motion of this court dated August 7, 2001, which denied his fourth application for reinstatement, or for leave to appeal to the Court of Appeals, was denied. By decision and order of this court dated September 10, 2002, his fifth application for reinstatement was denied.

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

ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27556

S/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-02830 In the Matter of Marc J. Domicello, admitted as Marc Jeffrey Domicello, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Marc J. Domicello, respondent. (Attorney Registration No. 2535011)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District for an order: 1) suspending the respondent from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i),(ii) and (iii), upon a finding that he is guilty of professional misconduct immediately threatening the public interest in that he has failed to comply with the lawful demands of the Grievance Committee made in connection with an investigation, and based upon substantial admissions under oath and other uncontroverted evidence of professional misconduct; 2) authorizing it to institute and prosecute a disciplinary proceeding against the respondent based upon the petition dated March 25, 2005; 3) referring the issues raised to a Special Referee to hear and report; and 4) directing the respondent to submit a written answer to the petition. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 19, 1993, under the name Marc Jeffrey Domicello.

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

ORDERED that the motion is granted; and it is further,

ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(i),(ii)and (iii), the respondent, Marc J. Domicello, admitted as Marc Jeffrey Domicello, is immediately suspended from the practice of law in the State of New York, pending further order of the court; and it is further,

ORDERED that the respondent, Marc J. Domicello, admitted as Marc Jeffrey Domicello, shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,

ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Marc J. Domicello, admitted as Marc Jeffrey Domicello, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that the Grievance Committee for the Ninth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court against the respondent, based on the petition dated March 25, 2005; and it is further,

ORDERED that Gary L. Casella, Chief Counsel, Grievance Committee for the Ninth Judicial District, Crosswest Office Center, 399 Knollwood Road, Suite 200, White Plains, New York 10603, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that within 20 days after service upon him of a copy of this decision and order on motion, the respondent, Marc J. Domicello, admitted as Marc Jeffrey Domicello, shall serve an answer upon the petitioner and the Special Referee, and shall file the original answer in the office of the Clerk of this court; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Herbert A. Posner, a retired Judge of the New York State Supreme Court, Queens County, 1118 Bay 24th Street, Bayswater, New York 11691, as Special Referee to hear and report; and it is further,

ORDERED that if the respondent, Marc J. Domicello, admitted as Marc Jeffrey Domicello, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f).

We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based upon his failure to comply with the lawful demands of the Grievance Committee, his substantial admissions under oath, and other uncontroverted evidence of the respondent's professional misconduct.

This matter emanates from a complaint filed in or about September 2004, by Luis Alberto Hernandez alleging, inter alia, that the respondent failed to pay a judgment obtained by Mr. Hernandez against the respondent in the sum of $1,820, and to return personal property.

The complaint alleges that the respondent requested that the complainant lease a new computer in the complainant's name, and the respondent promised to make the monthly payments and return the computer at the expiration of the lease. The complainant obtained the equipment on a three year lease.

At the respondent's further request, the complainant opened a checking account at a local Fleet Bank, under the complainant's name, so that the respondent could make deposits and the complainant could withdraw therefrom future payments for the computer. The complainant closed the account in March 2004, and thereafter, the respondent failed to make payments or return the computer to him. The complainant eventually sued the respondent and following the respondent's default, the complainant obtained a judgment in his favor, in the sum of $1,820, which remains unpaid by the respondent.

By letter dated September 8, 2004, the Grievance Committee forwarded a copy of the complaint to the respondent and requested that he submit a written answer within ten days. The respondent failed to answer the complaint.

By letter dated September 29, 2004, sent by certified mail, return receipt requested, the Grievance Committee again directed the respondent to submit a written answer to the complaint within ten days of his receipt of the letter, advising him that an unexcused failure to respond constitutes professional misconduct independent of the merits of the complaint, and that the Grievance Committee may move for his immediate suspension from the practice of law pursuant to Section 691.4(l)(1)(i) of the Rules of this Court. The respondent again failed to answer the complaint.

On October 12, 2004, the respondent's attorney contacted the Grievance Committee's office and advised that a response from the respondent to the Grievance Committee would be at its office on October 18, 2004. The respondent again failed to submit an answer to the complaint or to request an extension of time.

On October 26, 2004, the Grievance Committee served the respondent with a judicial subpoena returnable at its office on November 4, 2004. By letter dated November 1, 2004, the respondent submitted a response to the complaint alleging that his delay was to ensure that Mr. Hernandez filed a satisfaction of judgment and submit a letter to the Committee to withdraw his complaint and request a termination of the investigation. The respondent acknowledged that Mr. Hernandez opened the Fleet Bank account to make payments for the computer equipment as well as for Mr. Hernandez to pay some of the respondent's expenses. He also admitted making up to $500 per day cash withdrawals but stated they were to pay for 24 hour, 7 day care, for his mother.

The respondent acknowledged that he was in the process of resolving certain federal tax issues by attempting to collect over $200,000 from his clients and awaiting receipt of his share of his mother's estate. The respondent alleges that since May 2002, he has been stricken with a variety of illnesses.

On November 4, 2004, the respondent and his attorney appeared more than 30 minutes late at the Grievance Committee's office and with insufficient time to complete the hearing, it was agreed that he would return on November 18, 2004.

On November 18, 2004, the respondent appeared with counsel and testified under oath. He acknowledged that he had moved approximately 3 ½ months earlier from his residence to his mother's former home in Brooklyn. He was not sure if he had notified OCA of this move. The respondent alleged that he failed to respond to the Hernandez complaint because he believed his attorney was attempting to negotiate a settlement and that Mr. Hernandez would withdraw the complaint.

The respondent admitted that Mr. Hernandez was to open a bank account so that the respondent could make deposits, and Mr. Hernandez would make ATM withdrawals to pay for the computer equipment. The respondent could also withdraw money to pay the person who was caring for his mother. The respondent was never a signatory on this account.

The respondent also acknowledged that he had signed an agreement dated February 3, 2003, which provided that he had given Mr. Hernandez four checks totaling $9,715.46, that Mr. Hernandez was to open a checking account for the respondent in Mr. Hernandez's name, and that these and future funds would be added to the account which were to be the personal property of the respondent. This was to go to pay Mr. Hernandez and the respondent's debts and for the respondent to take out funds.

The respondent alleged that for the period from April 12, 2004 through May 13, 2004, he made most of the withdrawals from an ATM location close to his office/home. He admitted that he did not file federal or state income tax returns for 2001, 2002, 2003 and he was not sure if he had filed for 2000 because he did not have the money to pay his taxes.

The respondent admitted that he owed about $60,000 in student loans and that he is in the process of obtaining an agreement for payment of the loan.

Grievance Counsel reiterated a list of documents and information requested from the respondent and the hearing concluded with the respondent and his counsel again being advised that the response, information, and documentation was to be received at the Committee's office on or before December 6, 2004. The respondent failed to respond to the Committee's production and information requests by December 6, 2004.

On December 7, 2004, the respondent's attorney telephoned the Committee's office to request an extension of time to December 12, 2004. By letter dated that same day, Grievance Counsel confirmed the granting of an extension of time to the respondent, advised that no further adjournments would be granted, and that failure to submit the requested information and documentation by that date constituted professional misconduct independent of the underlying matter.

On December 12, 2004, the respondent's attorney again telephoned the Committee's office to advise that the respondent's messenger was delayed and the papers would arrive at the Committee's office before the close of business that day.

On December 15, 2004, the Committee received a two page letter on the respondent's attorney's letterhead, dated December 13, 2004, signed by the attorney, with an acknowledgment signed by the respondent and dated December 14, 2004. No documents were produced with the letter which advised that the respondent had informed OCA of his change of residence on or about December 7, 2004. The letter also contained the names of nine former clients against whom the respondent obtained judgments, and it listed the names of two former clients against whom the respondent had cases pending for failure to pay for his professional services. The names of ten former clients were also listed as individuals against whom he intended to commence actions to recover payment for services rendered. No further details were provided.

By letter dated December 16, 2005, faxed and mailed to the respondent's attorney, the Committee advised the respondent that he had failed to provide the additional post-appearance information requested during the November 18, 2004 hearing. The respondent was directed to produce a supplemental response by the close of business on December 27, 2004.

At the time of the Grievance Counsel's affirmation, respondent had not replied to the Committee's inquiries.

In view of the foregoing, the Grievance Committee's motion is granted, the respondent is immediately suspended from the practice of law, and the Grievance Committee is authorized to institute and prosecute a disciplinary proceeding against him.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27576

M/nal

2005-06272 In the Matter of Yasin H. (Anonymous), appellant. (Docket No. D-21082/04)

SCHEDULING ORDER

Appeal by Yasin H. from an order of the Family Court, Queens County, dated June 9, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27618

A/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-04734 In the Matter of Jonathan Hurley, petitioner, v Brian Fischer, etc., et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.

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

ORDERED that the motion is denied; and it is further,

ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this decision and order on motion the proceeding shall be dismissed (see CPLR 1101[d]).

The allegations of merit contained in the petitioner's affidavit in support of the motion for permission to proceed as a poor person fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).

KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27550

S/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

SONDRA MILLER, JJ.

1990-06574 In the Matter of David B. Jacobs, admitted as David Barnett Jacobs, a suspended attorney, for Reinstatement to the Bar of the State of New York. (Attorney Registration No. 1615293)

DECISION & ORDER ON MOTION

Motion by the respondent, David B. Jacobs, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the practice of law by the Appellate Division, Second Judicial Department on June 20, 1979, under the name David Barnett Jacobs. By opinion and order of this court, dated March 8, 1993, the respondent was suspended from the practice of law for a period of three years, commencing April 12, 1993. By decision and order on motion of this court dated May 17, 1993, the respondent's motion for reargument of this court's opinion and order, dated March 8, 1993, or, in the alternative, for leave to appeal to the Court of Appeals, was denied. By decision and order on motion of this court dated October 29, 1996, the respondent's first motion for reinstatement was denied.

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

ORDERED that the motion is denied.

We find that the petitioner does not demonstrate the requisite fitness and character to practice law.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and S. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27574

M/nal

2005-06286 In the Matter of Diana Johnson, petitioner-respondent, v Hope Giovinazzi, respondent, Steve Heinrich, appellant. (Docket Nos. V-18805-04, V-18806-04)

SCHEDULING ORDER

Appeal by Steve Heinrich from an order of the Family Court, Suffolk County, dated May 18, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27582

M/nal

2005-06312 In the Matter of Sean Roni M. (Anonymous), a/k/a Sean M. (Anonymous). Little Flower Children's Services, petitioner-respondent; Michael Paul M. (Anonymous), a/k/a Michael M. (Anonymous), appellant, et al., respondent. (Docket No. B-17807/01)

SCHEDULING ORDER

Appeal by Michael Paul M. from an order of the Family Court, Queens County, dated June 1, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27625

M/nal

2005-06579 In the Matter of Ella B. Montesdeoca, respondent, v Hector B. Montesdeoca, appellant. (Proceeding No. 1) (Docket Nos. V-6915-03, V-6916-03, V-6917-03, V-6918-03) In the Matter of Hector B. Montesdeoca, appellant, v Ella B. Montesdeoca, respondent. (Proceeding No. 2) (Docket Nos. V-6949-03, V-6950-03 V-6951-03, V-6952-03)

SCHEDULING ORDER

Appeal by Hector B. Montesdeoca from an order of the Family Court, Nassau County, dated June 24, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27632

A/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-02267 In the Matter of Salvatore Morocco, appellant, v Tara Caporicci, respondent. (Docket No. V-1289-04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Family Court, Suffolk County, dated February 18, 2005, for leave to reargue a motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, which was determined by decision and order on motion of this court dated May 23, 2005.

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.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27554

S/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2002-09932 In the Matter of Michele Okin, a disbarred attorney. Grievance Committee for the Ninth Judicial District, petitioner; Michele Okin, respondent. (Attorney Registration No. 2761831)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for an order pursuant to 22 NYCRR 691.10(g) appointing an attorney to inventory the respondent's files and to take such action as seems indicated to protect the interests of the respondent and her former clients. By opinion and order of this court dated June 7, 2004, the respondent was disbarred following her submission of an affidavit of resignation in which she acknowledged that she was unable to defend herself against various allegations of professional misconduct. Her resignation emanates from a letter dated November 10, 2003, in which the Grievance Committee advised this court that, on October 29, 2003, the respondent pleaded guilty to scheme to defraud in the second degree, a class A misdemeanor, in violation of Penal Law § 190.60(1), and petit larceny, a class A misdemeanor, in violation of Penal Law § 155.25, both of which are serious crimes warranting her immediate suspension from the practice of law, and the institution and prosecution of a disciplinary proceeding against her. On January 26, 2004, the respondent proffered her resignation from the Bar. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 20, 1995.

Upon the papers filed with respect to the motion, it is

ORDERED that the motion is denied.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27542

S/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

GABRIEL M. KRAUSMAN, JJ.

1991-02526 In the Matter of Arthur J. Piken, a disbarred attorney. (Attorney Registration No. 1285147)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent Arthur J. Piken, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated May 11, 1992, he was disbarred, upon his resignation, amidst allegations that he improperly notarized a will. By decision and order on application of this court dated October 13, 2000, his first application for reinstatement was denied. By decision and order on motion of this court dated March 29, 2004, the respondent's second motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney including, but not limited to, the agreement with his son whereby he received $500 a week for his share of Piken & Piken, P.C. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 21, 1953.

Upon the papers before the court, it is

ORDERED that the motion is denied.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and KRAUSMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27646

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-04268 In the Matter of Ligia Pineda, respondent, v Rui Mateus, appellant. (Docket No. F-15353-03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated August 8, 2005, as a poor person, for the assignment of counsel, and to stay enforcement of the order pending hearing and determination of the appeal. By telephone call on June 23, 2005, the appellant advised the court that the matter had been settled and the appeal would be withdrawn.

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 parties or their attorneys are directed to show cause why the appeal should or should not be dismissed on the ground that the matter has been settled by filing affirmations on that issue with the Clerk of this court on or before August 5, 2005, and the motion is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this court, or his designee is directed to serve this order to show cause on the parties or their attorneys by regular mail.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27586

M/nal

2005-06388 In the Matter of Dawn Poskitt, respondent, v Craig Colleran, appellant. (Docket No. F-01181/95)

SCHEDULING ORDER

Appeal by Craig Colleran from an order of the Family Court, Queens County, dated June 2, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27611

M/nal

2005-06523 In the Matter of Janice Rogers, appellant, v Andrew Hillman, respondent. (Docket No. V-01431-04)

SCHEDULING ORDER

Appeal by Janice Rogers from an order of the Family Court, Westchester County, dated June 6, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27573

M/nal

2005-06256 In the Matter of Robert Serrano, Jr., appellant, v Tanika Greene, et al., respondents. (Docket No. V-01466-93)

SCHEDULING ORDER

Appeal by Robert Serrano, Jr. from an order of the Family Court, Richmond County, dated January 27, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27623

J/sl

2004-00958 The People, etc., respondent, v Tiheen Anderson, appellant. (Ind. No. 3931/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered January 8, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 20, 2005, 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

M27484

F/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2005-05131 The People, etc., plaintiff, v Lisa Ayres, defendant. (Ind. No. 04-00838)

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, Orange County, rendered July 29, 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.

H. MILLER, S. MILLER, KRAUSMAN, and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 G 0743

Albion Corr. Fac.

3595 State School Road

Albion, New York 14411

Appellate Division: Second Judicial Department

M27476

F/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2005-03186 The People, etc., respondent, v Jesse R. Benoit, appellant. (Ind. No. 5/05)

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 County Court, Dutchess County, rendered March 28, 2005, 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 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 Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

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.

H. MILLER, J.P., S. MILLER, KRAUSMAN, and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 1677

Downstate Corr. Fac.

P.O. Box 445

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M27635

A/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-01199 The People, etc., respondent, v Virgil Russell Booker, appellant. (Ind. No. 621/03)

DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered January 16, 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 appellant's supplemental brief shall be served and filed on or before September 7, 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.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24922

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-02625 The People, etc., respondent, v Adrian Cruz, appellant. (Ind. No. 430/02)

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 Supreme Court, Kings County, rendered February 7, 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 relation thereto, it is

ORDERED that on the court's own motion, the appellant is ordered to show cause before this court, why an order should or should not be entered dismissing the appeal from the purported judgment on the ground that no appeal lies from the purported judgment, as the purported judgment is nothing more than a proceeding to cause a judgment of the same court rendered December 1, 2004, to be brought to execution (see People v Crawford, 239 AD2d 515), by filing an affidavit on that issue with the Clerk of this court on or before August 5, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,

ORDERED that the motion for poor person relief is held in abeyance in the interim.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27534

F/

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-05123 The People, etc., respondent, v Quentin Cunningham, appellant. (Ind. No. 2503/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered February 25, 2005, 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, 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

M27480

F/

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-05243 The People, etc., plaintiff, v Alberto Duque, defendant. (Ind. No. 794/04)

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, Queens County, rendered June 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 opposition 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 A 3326

Clinton Corr. Fac.

Box 2001

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M27658

R/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2003-01031 The People, etc., respondent, v Delroy Facey, appellant. (Ind. No. 11183/01)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered October 11, 2002.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until July 25, 2005, and the respondent's brief must be served and filed on or before that date.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27477

F/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2005-04114 The People, etc., respondent, v Steve Hobson, appellant. (Ind. No. 2720-02)

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 County Court, Suffolk County, rendered March 29, 2005, 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 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:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

H. MILLER, J.P., S. MILLER, KRAUSMAN, and GOLDSTEIN, 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

M27712

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-10658 The People, etc., respondent, DECISION & ORDER ON MOTION v Jamel Hylton, a/k/a Jamael Hylton, appellant. Motion by Counsel to be Relieved (Ind. No. 8695/02)

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated July 13, 2005, is recalled and vacated and the following decision and order on motion is substituted therefore:

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-10658

The People, etc., respondent,

v Jamel Hylton, a/k/a Jamael Hylton, appellant.

(Ind. No. 8695/02)

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered January 9, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on May 18, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

Laura R. Johnson, Esq.

Criminal Appeals Bureau

The Legal Aid Society

199 Water Street, 5th Floor

New York, New York 10038

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 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:

Charles T. Glaws, Esq.

61 Broadway - Suite 2715

New York, New York 10006

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.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 0152

Ogdensburg Corr. Fac.

One Correction Way

Ogdensburg, New York 13669

Appellate Division: Second Judicial Department

M27532

F/

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-04748 The People, etc., respondent, v Robert Loggia, appellant. (Ind. No. 6679/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered April 13, 2005, 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, 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

M27533

F/

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-05121 The People, etc., respondent, v Ruben Martinez, appellant. (Ind. No. 7549/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered April 26, 2005, 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, 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

M24923

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-00580 The People, etc., respondent, v Carlos Mateo, appellant. (Ind. No. 3774/02)

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 Supreme Court, Kings County, rendered January 11, 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 relation thereto, it is

ORDERED that on the court's own motion, the appellant is ordered to show cause before this court, why an order should or should not be entered dismissing the appeal from the purported judgment on the ground that no appeal lies from the purported judgment, as the purported judgment is nothing more than a proceeding to cause a judgment of the same court rendered May 4, 2004, to be brought to execution (see People v Crawford, 239 AD2d 515), by filing an affidavit on that issue with the Clerk of this court on or before August 5, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,

ORDERED that the motion for poor person relief is held in abeyance in the interim.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27526

F/

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-04418, 2005-04419 The People, etc., respondent, v Joseph Molloy, appellant. (Ind. Nos. 04-00776, 04-00777)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant pro se for leave to prosecute appeals from two judgments of the County Court, Westchester County, both rendered April 8, 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 relation thereto, it is

ORDERED the motion is granted; and it is further,

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order 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 appeals:

Marianne Karas, Esq.

Box 277

Armonk, New York 10504

and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

SCHMIDT, J.P., ADAMS, MASTRO, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 2147

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Appellate Division: Second Judicial Department

M27489

F/

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-03657, 2005-03665 The People, etc., respondent, v Rufus Monk, appellant. (Ind. Nos. 05-00038, 05-00214)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant pro se for leave to prosecute appeals from two judgments of the County Court, Orange County, both rendered April 11, 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 appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order 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 appeals:

Philip C. Schnabel, Esq.

33 Schnabel Lane

Chester, New York 10918

and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

SCHMIDT, J.P., ADAMS, MASTRO, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 1960

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M27597

Y/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2003-11404 The People, etc., respondent, v Tyrell Norris, appellant. (Ind. No. 8695/02)

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 Supreme Court, Kings County, rendered December 17, 2003.

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

ORDERED that the motion is granted to the extent that the respondent's time to serve and file a brief is enlarged until August 31, 2005, and the respondent's brief must be served and filed on or before that date and the motion is otherwise denied.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27522

F/

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-04831 The People, etc., respondent, v Tyshuon Patterson, appellant. (Ind. No. 05-00186)

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 16, 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:

Matthew B. Tully, Esq.

P.O. Box 491

Hunter, New York 12442

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:

05 A 2652

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division : Second Judicial Department

M27392

F/

GLORIA GOLDSTEIN, J.

2005-04853 The People, etc., plaintiff, v Valentine Reyes, defendant. (Ind. No. 10018/04)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated March 2, 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.

GLORIA GOLDSTEIN

Associate Justice

Appellate Division: Second Judicial Department

M27583

F/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-04587 The People, etc., respondent, v Marshall Schreter, appellant. (Ind. No. 1322-92)

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 24, 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:

93 A 7706

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582

Appellate Division: Second Judicial Department

M27511

O/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

1997-00639 The People, etc., respondent, v Jamal Scott, appellant. (Ind. No. 14526/95)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to reargue an application for a writ of error coram nobis, which was determined by decision and order of this court dated May 3, 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.

FLORIO, J.P., ADAMS, SANTUCCI and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27589

A/sl

GLORIA GOLDSTEIN, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-11076 The People, etc., respondent, v Demark Small, defendant. (Ind. No. 7159/03)

DECISION & ORDER ON MOTION

Motion by the defendant pro se for leave to reargue a motion pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered June 15, 2004, which was determined by decision and order on motion of this court dated January 25, 2005.

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

M27486

F/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2005-04944 The People, etc., respondent, v Dushon Smith, appellant. (Ind. No. 8847/03)

DECISION & ORDER ON MOTION

Motion by the appellant 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 January 6, 2005, 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 branch of the motion which is to extend the time to take the appeal is granted; and it is further,

ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) whether counsel is assigned or retained, and if retained, the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

H. MILLER, J.P., S. MILLER, KRAUSMAN, and GOLDSTEIN, JJ.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27475

F/

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2003-06378 The People, etc., respondent, v Keith Everton Spence, appellant. (Ind. No. 2155-02)

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 County Court, Suffolk County, rendered July 1, 2003, 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:

03 R 3691

Mohawk Corr. Fac.

Box 8451

Rome, New York 13442

Appellate Division: Second Judicial Department

M27531

F/

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-01741 The People, etc., respondent, v Aaron Sutton, appellant. (Ind. No. 1090/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered January 31, 2005, 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 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

M27372

C/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

FRED T. SANTUCCI, JJ.

2000-02703, 2000-02704 The People, etc., respondent, v Darin Turner, a/k/a Eric Brown, appellant. (Ind. Nos. 11767/98, 3173/99)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, for leave to reargue his prior motion pursuant to CPL 460.30 for an extension of time to take appeals from two judgments of the Supreme Court, Kings County, both rendered January 27, 2000, for leave to prosecute the appeals as a poor person, and for the assignment of counsel, which was denied by decision and order on motion of this court dated April 28, 2000.

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

ORDERED that the motion for leave to reargue is granted; and it is further,

ORDERED that upon reargument, the motion pursuant to CPL 460.30 for an extension of time to take appeals from the judgments, for leave to prosecute the appeals as a poor person, and for the assignment of counsel is granted; and it is further,

ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated in 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 appeals:

Arza Feldman, Esq.

626 EAB Plaza

West Tower - 6th Floor

Uniondale, New York 11556

and it is further,

ORDERED that the appellant's time to perfect the appeals 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 or her representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

H. MILLER, J.P., SCHMIDT, ADAMS and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

00-A-0968

Eastern Correctional Facility

P.O. Box 338

Napanoch, New York 12458-0338

Appellate Division: Second Judicial Department

M27609

A/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE, JJ.

1992-04898 The People, etc., respondent, v Carolyn Warmus, appellant. (Ind. No. 1538/90)

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, Westchester County, rendered June 26, 1992.

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.

SCHMIDT, J.P., ADAMS, KRAUSMAN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

92-G-0987

Bedford Hills Correctional Facility

247 Harris Road

Bedford Hills, New York 10507