Appellate Division: Second Judicial Department
M13872
L/
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2004-02610
James Cifuni, respondent-appellant, v Beys Contracting, appellant-respondent. (Index No. 19536/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent to withdraw its appeal from an order of the Supreme Court, Kings County, dated February 10, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal of the appellant-respondent is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13876
L/
|
2004-03616 Darryl Crooms, respondent, v County of Westchester, et al., appellants (and a third-party action). (Index No.12710/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 2, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13875
L/
|
2004-00646
Wilson Deleg, appellant, v Tailored Roofing, Inc., respondent. (Index No. 44796/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated October 22, 2003.
Upon the stipulation of the parties, dated July 13, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13869
L/
|
2003-10978
Fiber Consultants, Inc., respondent, v Fiber Optek Interconnect Corporation, et al., appellants. (Index No. 2697/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated October 27, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13894
PL/sl
|
2004-02206
Richard Hopwood, et al., appellants, v Allstate Insurance Company, et al., respondents. (Index No. 11266/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated January 21, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 25, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13874
L/
|
2004-05291
Dolores Levy, respondent, v Steven C. Levy, appellant. (Index No. 204221/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 11, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13883
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2003-08215
Margaretten & Company, Inc., appellant, v Eleanor Taubenblat, et al., respondents. (Action No. 1) (Index No. 14100/94) Chase Manhattan Mortgage Corporation, f/k/a Chemical Residential Mortgage Corporation, f/k/a Margaretten & Company, Inc., appellant, v Eleanor Taubenblat, et al., respondents. (Action No. 2) (Index No. 48255/98) Chase Manhattan Mortgage Corporation, f/k/a Chemical Residential Mortgage Corporation, f/k/a Margaretten & Company, Inc., appellant, v Eleanor Taubenblat, et al., respondents. (Action No. 3) (Index No. 36925/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant in all three actions to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 24, 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; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until September 13, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13884
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2004-03465 Asthma Ali Masoud, respondent, v Kamal Ali, appellant. (Index No. 9783-03)
| DECISION & ORDER ON MOTION |
Appeal by Kamal Ali from an order of the Supreme Court, Suffolk County, dated March 8, 2004. By order to show cause dated June 10, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated April 28, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated April 28, 2004 (see 22 NYCRR 670.4[5]).
ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13885
S/sl
|
2003-08359, 2004-02753
Kevin McDonagh, et al., respondents, v Richard McDonagh, et al., appellants.
(Index No. 20182/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Queens County, dated August 12, 2003, and February 23, 2004, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 26, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13887
R/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
WILLIAM F. MASTRO, JJ.
|
2004-05112, 2004-05845 People of State of New York, etc., plaintiff- respondent, v Larry Delgado, defendant- respondent, Glen S. Hockley, appellant.
(Index No. 20925/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Westchester County, entered June 3, 2004, and an order and judgment (one paper) of the same court dated July 6, 2004, and for a preference in the calendaring of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is denied without prejudice to renewal upon the perfection of the appeals; and it is further,
ORDERED that the motion is otherwise denied.
ALTMAN, J.P., GOLDSTEIN, ADAMS and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13807
F/
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2004-01983
Harshanie Persaud, respondent, v Jerome A. Persaud, appellant.
(Index No. 7599/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, entered January 2, 2004, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to proceed on the original papers 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 those branches of the motion which are for a copy of the transcript without charge and to waive payment of the filing fee are denied.
ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13886
S/sl
|
2003-10318
John Purcell, et al., appellants, v Commonwealth Land Title Insurance Company, respondent. (Index No. 2392/02) | ORDER ON APPLICATION |
ORDERED that the order on application of this court dated May 14, 2004, in the above-entitled case is amended by deleting from the decretal paragraph thereof the date "October 7, 2004," and substituting therefor the date "August 20, 2004".
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13896
O/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-01000, 2004-06063 Barry Steinberg, et al., respondents, v Judy Linzer, appellant. (Index No. 27860/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order of the Supreme Court, Suffolk County, dated December 18, 2003, and a judgment of the same court entered February 2, 2004, for leave to reargue her prior motion to stay all proceedings in the above-entitled action pending hearing and determination of the appeal, and a cross motion by the respondents to dismiss the appeal from the order on the ground that the right of direct appeal therefrom terminated with entry of the judgment and no appeal was taken from the judgment, which were determined by decision and order on motion of this court dated May 24, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to reargue is granted and upon reargument, it is
ORDERED that the decision and order on motion dated May 24, 2004, is recalled and vacated and the following decision and order is substituted therefor:
Motion by the appellant to stay all proceedings in the above-entitled action, including enforcement of a judgment of the Supreme Court, Suffolk County, entered February 2, 2004, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated December 18, 2003, and cross motion by the respondents to dismiss the appeal from the order, on the ground that the right of direct appeal therefrom terminated with entry of the judgment.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the notice of appeal from the order is deemed to also be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,
ORDERED that the motion and cross motion are denied; and it is further,
ORDERED that on the court's own motion the appellant's time to perfect the appeal is enlarged until August 26, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13879
L/
|
2003-10614 Gloria Vaquiz, et al., appellants, v Serge Delaleu, etc., et al., respondents. (Index No. 5372/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 9, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13870
L/
|
2003-11293
Theresa C. Wray-Dolgin, appellant, v Stacey Goodman, et al., respondents. (Index No. 14485/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 26, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13898
O/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2003-09998 In the Matter of Allstate Insurance Company, appellant, v Faustino Albino, et al., respondents. (Index No. 17815/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 18, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until September 21, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13881
A/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2003-08307 In the Matter of Kristine Carlson, respondent, v Kenneth C. Carlson, appellant. (Docket No. F-538/00)
| DECISION & ORDER ON MOTION |
Appeal by Kenneth C. Carlson from an order of the Family Court, Westchester County, dated August 22, 2003. By order to show cause dated June 10, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 14, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated May 14, 2004 (see 22 NYCRR 670.4[a][5]).
ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13880
A/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2004-02297 In the Matter of Eileen M. Keenan, respondent, v James E. Keenan, Jr., appellant. (Docket No. F-919/01)
| DECISION & ORDER ON MOTION |
Appeal by James E. Keenan, Jr., from an order of the Family Court, Nassau County, dated March 8, 2004. By decision and order on motion dated March 30, 2004, that branch of the appellant's motion which was for leave to prosecute the above-entitled appeal as a poor person was denied, with leave to renew on or before April 30, 2004. By order to show cause dated June 10, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for the appellant's failure to renew that branch of his motion which was for leave to prosecute the appeal as a poor person pursuant to the decision and order on motion dated March 30, 2004.
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion dated March 30, 2004.
ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13873
L/
|
2004-01428
In the Matter of Interline Employee Assistance Program, Inc., petitioner, v William Gorman, etc., respondent. (Index No. 1032/04)
| ORDER ON APPLICATION Withdraw Proceeding on Stipulation |
Proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Queens County, dated January 29, 2004.
Upon the stipulation of the parties, dated July 8, 2004, it is
ORDERED that the proceeding is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13892
PL/sl
|
2004-00888 In the Matter of Marc W. Suffren II, appellant, v Zoning Board of Appeals of Town of Greenville, etc., respondent. (Index No. 7090/03)
| 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, Orange County, dated December 10, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 20, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13882
A/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2002-09672 The People, etc., respondent, v Arturo Flores, appellant. (Ind. No. 309/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered October 16, 2002, to substitute retained counsel for assigned counsel, to continue his status as a poor person, to strike the briefs filed on the appeal, to recall and vacate a decision and order on motion of this court dated May 7, 2004, which granted his motion for leave to serve and file a supplemental brief on the appeal, and to deem that motion withdrawn. The appellant's motion to dispense with printing and for assignment of counsel was granted on April 16, 2003, and the following named attorney was assigned to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that motion is granted; and it is further,
ORDERED that assigned counsel shall turn over all papers in the action to retained counsel:
Eric G. Poulos, Esq.
32 Court Street, Suite 507
Brooklyn, New York 11201
and it is further,
ORDERED that the appellant's poor person status is continued; and it is further,
ORDERED that the briefs filed by assigned counsel and the respondent are stricken; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (22 NYCRR 670.1 et seq.) and written directions; and it is further,
ORDERED that the decision and order on motion dated May 7, 2004, is recalled and vacated, and the appellant's motion for leave to serve and file a supplemental brief is deemed withdrawn.
ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13890
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-03774 The People, etc., respondent, v Latesha Fowler, appellant. (Ind. No. 712/03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Nassau County, rendered April 12, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on June 16, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Alan Katz, Esq.
734 Franklin Avenue - Suite 227
Garden City, New York 11530
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:
Arza Feldman, Esq.
300 Rabro Drive
Hauppauge, New York 11788
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that 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., RITTER, SANTUCCI, ALTMAN, FLORIO, 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
M13899
A/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2001-06490, 2004-00382 The People, etc., respondent, v Roderick Keene, appellant. (Ind. No. 1688/89)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue appeals from (1) an order of the Supreme Court, Queens County, dated June 25, 2001, and (2) an order of the same court dated July 31, 2001, which were determined by decision and order of this court dated February 23, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13889
F/
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2004-03328
The People, etc., respondent, v John McGraw, appellant. (Ind. No. 03-09711)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment |
Motion by counsel assigned to represent the appellant before the County Court, Westchester County, in connection with proceedings pursuant to Correction Law § 168-n to be relieved of an assignment to prosecute an appeal from a determination of the County Court, Westchester County, dated April 7, 2004, and to assign new counsel to represent the appellant on the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the former counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Stephen Filler, Esq.
303 South Broadway - Suite 222
Tarrytown, New York 10591
and it is further,
ORDERED that pursuant to Correction Law article 6-C the appellant's status as a poor person continues on appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13877
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-00548
The People, etc., respondent, v Mei Ying Wang, appellant.
(Ind. No. 2379-01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered December 13, 2002, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 0038
Green Haven Corr. Fac.
Box 4000
Stormville, New York 12582
Appellate Division: Second Judicial Department
M13891
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2001-07508 The People, etc., respondent, v Edward Myles, appellant. (Ind No. 2749/98)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel, to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered March 1, 2001, and, in effect, to discontinue the appeal without prejudice to reinstatement. By decision and order on motion dated June 3, 2004, the appellant was ordered to show cause why an order should or should not be made and entered dismissing the appeal as abandoned, and the motion was held in abeyance in the interim.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and no papers having been filed in response to the order to show cause, it is
ORDERED that on the court's own motion the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]); and it is further,
ORDERED that the branch of the motion by assigned counsel to be relieved of the assignment to prosecute the appeal is granted; and it is further,
ORDERED that the branch of the motion by assigned counsel to discontinue the appeal is denied as academic.
ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13871
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2003-07644, 2003-10367
The People, etc., respondent, v Yvonne Roberts, appellant. (Ind. Nos. 2581/02, 1071/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two judgments of the County Court, Nassau County, both rendered August 7, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13878
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2003-09607 The People, etc., ex rel. James V. Hill, o/b/o Hai Kim Nguyen, appellant, v Frank Tracy, Superintendent, etc., respondent. (Ind. No. 37/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the County Court, Dutchess County, rendered October 28, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court