Appellate Division: Second Judicial Department
M27948
CF/
|
2005-03056
Rudy Bleza, plaintiff-respondent, Petonia Roca, plaintiff-appellant, v Miehi Cab Corp., et al., defendants- respondents. (Index No. 10350/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 16, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27893
CF/
|
2004-11026 Brooklyn Properties, LLC, et al., respondents, v City of New York, et al., appellants. (Index No. 42195/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 17, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27861
CF/
|
2005-02554 Carmine Chiusano, et al., respondents, v Tucklease Corporation, et al., appellants. (Index No. 4757/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated January 27, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27880
CF/
|
2004-10282 Conserve Electric, Inc., respondent, v Tulger Contracting Corp., et al., appellants. (Index No. 5725/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Amwest Contracting Corp. to withdraw an appeal from a judgment of the Supreme Court, Queens County, entered October 1, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal by Amwest Contracting Corp. is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27897
CF/
|
2005-03328 Danielle Cordisco, respondent, v Michael J. Mooney, appellant. (Index No. 23042/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 16, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27900
CF/
|
2005-00082 Erin Eschbach, et al., appellants, v East Rockaway School District, respondent. (Index No. 20317/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 27, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27692
S/sl
|
2005-00473
John J. Ferrante, appellant-respondent, v Gregory C. Wold, et al., respondents-appellants. (Appeal No. 1) 2005-01231 John J. Ferrante, respondent, v Gregory C. Wold, et al., appellants. (Appeal No. 2) (Index No. 45418/99)
| ORDER ON APPLICATION |
Application by the appellant-respondent in Appeal No. 1 pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 18, 2004, and cross application by the respondents-appellants in Appeal No. 1 and the appellants in Appeal No. 2 to enlarge their time to perfect their cross appeal from the order dated November 18, 2004, and their appeal from an order of the same court dated January 10, 2005.
ORDERED that the application and cross application are granted; and it is further,
ORDERED that the appellant-respondent's time to perfect Appeal No. 1 is enlarged until October 11, 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 respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal in Appeal No. 1 (see 22 NYCRR 670.8[c][3]), and shall perfect the appeal in Appeal No. 2 on or before November 16, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27928
CF/
|
2005-03337, 2005-03339 First Data Merchant Services, respondent, v Sunil Mirpuri, appellant. (Index No. 13380/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from an order of the Supreme Court, Nassau County, dated February 10, 2005, and a judgment of the same court dated November 15, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27953
O/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-01500 Steven Freitag, et al., respondents, v N&D Auto Leasing Co., Inc., et al., appellants. (Index No. 13597/01)
| 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, Queens County, dated December 16, 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.
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27904
CF/
|
2005-01053 Dennis C. Guerin, plaintiff, v Noll Street Housing Development Fund Co., Inc., et al., defendants, Utica First Insurance Company, appellant, Strategic Construction Corp., respondent (and a third-party action). (Index No. 38040/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 17, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27939
CF/
|
2005-05150 Tali Hirschorn, plaintiffs-respondents, v Abdul Hagnat, etc., et al., defendants- respondents, Jarvis A. Fernandez, et al., appellants. (Index No. 12288/003)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated April 13, 2005.
Upon the stipulation of the parties, dated July 13, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27937
CF/
|
2005-02331 Anne Marie Imburgia, et al., appellants, v LBV Realty Associates, respondent. (Index No. 9972/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Suffolk County, dated January 31, 2005.
Upon the stipulation of the parties, dated July 7, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27949
CF/
|
2004-06298 Interpharm, Inc., et al., respondents-appellants, v General Star Indemnity Company, respondent, G.P. Insurance Agency, Inc., appellant-respondent. (Index No. 22144/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant Interpharm, Inc., to withdraw a cross appeal from an order of the Supreme Court, Suffolk County, dated May 4, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the cross appeal by Interpharm, Inc., is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27951
CF/
|
2004-06386 Interpharm, Inc., appellant, v General Star Indemnity Company, d/b/a General Star Management, et al., respondents. (Index No. 22144/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an interlocutory judgment of the Supreme Court, Suffolk County, dated May 4, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27862
CF/
|
2005-03368, 2005-03369 Isaac Katz, respondent-appellant, v Tower Insurance Company of New York, respondent, Silberstein Brokerage, appellant-respondent. (Index No. 41783/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent on appeals from an order of the Supreme Court, Kings County, dated February 18, 2005, and an amended order of the same court dated March 3, 2005, to withdraw the appeal from the order dated February 18, 2005 (Appellate Division Docket No. 2005-03368).
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal from the order dated February 18, 2005, pending under Appellate Division Docket No. 2005-03368, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27891
E/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-07277, 2004-10262 John Kingston, etc., respondent, v Michael Breslin, et al., appellants. (Index No. 17481/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from an order of the Supreme Court, Westchester County, entered May 27, 2004, and an order and judgment (one paper) of the same court entered October 29, 2004, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27921
CF/
|
2004-09895 Angela Kramer, appellant, v John Kramer, respondent. (Index No. 29903/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 20, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27943
CF/
|
2005-04213 Sammy O.G. Lau, et al., appellants, v Tak Cheng, et al., respondents. (Index No. 26632/98)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a decision of the Supreme Court, Queens County, dated May 14, 2004.
Upon the stipulation of the parties, dated June 6, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27877
CF/
|
2005-01503 Sandra Lord, et al., plaintiffs-respondents, v Elisabeth Chery, et al., defendants-respondents, Juana Aguilar, et al., appellants. (Index No. 22619/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 13, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27883
CF/
|
2005-04236 Nancy K. Merrill, appellant, v Kelly Gaynor, et al., respondents. (Index No. 3814/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated April 19, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27924
CF/
|
2005-02883, 2005-04328 Robert A. Miceli, respondent, v Jo Ann Miceli, appellant. (Index No. 201413/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Supreme Court, Nassau County, dated January 20, 2005, and April 19, 2005, respectively.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27946
CF/
|
2005-03382 Gregory Miller, respondent, v MNT Taxi Corp., et al., defendants, Chi Chong Yan, et al., appellants. (Index No. 26591/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 12, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27911
E/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-06364 Nextel of New York, Inc., respondent, v 87-10 51st Avenue Owners Corporation, appellant.
(Index No. 6398/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Queens County, dated June 6, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27887
R/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-05711 North Fork Preserve, Inc., et al., respondents, v Myron Kaplan, et al., appellants.
(Index No. 27167/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay enforcement of an order of the Supreme Court, Suffolk County, dated June 9, 2005, pending hearing and determination of an appeal therefrom.
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 stay is granted to the extent that pending hearing and determination of the appeal (1) all portions of the order dated June 9, 2005, which appoint a temporary receiver, inter alia, to oversee the management of North Fork Preserve, Inc., and (2) so much of the ninth decretal paragraph of the order dated June 9, 2005, as enjoined "all parties interested in North Fork Preserve, Inc., and specifically the directors" from using the property of the corporation, are stayed; (3) notwithstanding anything in the order dated June 9, 2005, to the contrary, the appellants are permitted to use, control, manage, operate, incumber, collect debts, and pay out money belonging to North Fork Preserve, Inc., only in the ordinary course of business, and (4) that portion of the tenth decretal paragraph of the order dated June 9, 2005, which directed the appellants to produce documents on five days' notice is modified to direct the appellants to produce documents on thirty days' notice and that branch of the motion is otherwise denied; and it is further,
ORDERED that the relief contained in the first decretal paragraph hereof is granted on condition that the appeal is perfected on or before August 19, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 19, 2005, the court, on its own motion, may vacate the first decretal paragraph of this decision and order on motion, or the respondents may move to vacate that decretal paragraph on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27959
S/sl
|
2004-03937
Michael O'Donnell, respondent, v Grigore Blanaru, appellant. (Index No. 18991/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, dated March 19, 2004.
ORDERED that the application is granted and 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27657
T/sl
|
2004-10709
Yohanny Ortiz, respondent, v Leo Batash, et al., appellants. (Index No. 26806/94)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated July 19, 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
M27908
S/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-06298 Louis Peniston, et al., appellants, v Mitchell Epstein, etc., respondent.
(Index No. 7359/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of stated portions of an order of the Supreme Court, Kings County, dated June 8, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27890
CF/
|
2005-01481 Stephen J. Piekarski, appellant, v Judith Gruen, respondent. (Index No. 4584/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 7, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27961
S/sl
HOWARD MILLER, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. SPOLZINO, JJ.
|
2004-06644 Patrick C. Pottenger, appellant, v Donica Pottenger, respondent. (Index No. 200965/04)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from an order of the Supreme Court, Nassau County, dated July 20, 2004. The appeal has not been perfected and the appellant has not sought an enlargement of time to perfect.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the stay granted by decision and order on motion of this court dated August 23, 2004, is vacated forthwith.
H. MILLER, J.P., S. MILLER, RITTER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27879
S/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-09200 Janice Pratt, respondent, v Matthew C. Ackert, etc., et al., appellants. (Index No. 13321/02)
| DECISION & ORDER ON MOTION |
Motions by the appellants to enlarge the time to perfect their respective appeals from an order of the Supreme Court, Queens County, dated August 18, 2004.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is
ORDERED that the motions are granted; and it is further,
ORDERED that the appellants' time to perfect their respective appeals is enlarged until August 22, 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.
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27941
CF/
|
2004-11024 Samuel E. Roman, et al., plaintiffs-respondents, v Millennium Realty Adventures, Inc., et al., defendants; 221 Realty, Inc., intervenor-appellant. (Index No. 10224/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated October 26, 2004.
Upon the stipulation of the parties, dated July 12, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27944
CF/
|
2005-01674 Jodine Schenkerman, respondent, v Orienta Gardens Owners, Inc., et al., appellants. (Index No. 17007/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 18, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27889
CF/
|
2005-03436 David Simbari, et al., respondents, v Ginsburg Development LLC, appellant. (Index No. 7646/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 24, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27691
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-03150 Johnny Sydney, appellant, v State of New York, respondent.
(Claim No.107353)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Court of Claims, dated February 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 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
M27935
CF/
|
2005-01378 Clotilde Vague, et al., respondents, v Daniel Friedberg, et al., appellants. (Index No. 30180/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 21, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27884
CF/
|
2005-01800 Katherine Weisberg, et al., appellants, v John Sabia, etc., et al., respondents. (Index No. 5019/02)
| 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 January 19, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27907
R/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-05862 Debra Weissman, plaintiff, v Ronald Weissman, defendant.
(Index No. 7453/02)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Westchester County, entered June 7, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27934
CF/
|
2005-00247 Douglas Wheeler-Nicholson, appellant, v Anthony J. Quinn, respondent. (Index No. 2953/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 6, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27869
CF/
|
2005-01627 In the Matter of Allstate Insurance Company, respondent, v Jacqueline Ramous, appellant. (Index No. 21836/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated January 31, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27905
F/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-05069
In the Matter of Alexander B. (Anonymous). Administration for Children's Services, respondent; Veronica B. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Nacho B. (Anonymous). Administration for Children's Services, respondent; Veronica B. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-12746-01, N-12747-01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated May 25, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
David Laniado, Esq.
189 Montague Street - Suite 303
Brooklyn, New York 11201
(718) 246-9444
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
H. MILLER, J.P., GOLDSTEIN, CRANE, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27882
CF/
|
2004-08646 In the Matter of David A. B. (Anonymous), appellant. (Docket No. D-11652-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated September 1, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27873
M/nal
|
2004-10591, 2004-10592, 2004-10593, 2004-10595 In the Matter of Michael C. (Anonymous). Administration for Children's Services, et al., respondents; Linda D. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-17647/03) In the Matter of Claudia Michele D. (Anonymous). Administration for Children's Services, et al., respondents; Linda D. (Anonymous), appellant. (Proceeding No. 2)
(Docket No. B-17648/03) In the Matter of Nadine Rachel D. (Anonymous). Administration for Children's Services, et al., respondents; Linda D. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-17649/03) In the Matter of Angelo Thomas C. (Anonymous), a/k/a Angelo C. (Anonymous). Administration for Children's Services, et al., respondents; Linda D. (Anonymous), appellant. (Proceeding No. 4) (Docket No. B-17650/03)
| SCHEDULING ORDER |
Appeals by Linda D. from four orders of the Family Court, Kings County, all dated September 22, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 12, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M27915
F/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-08922 In the Matter of Patsy Campo, respondent, v Isaac Chapman, appellant. (Docket Nos. V-16826-01, V-16827-01, V-17298-01, V-17299-01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to defend an appeal from an order of the Family Court, Kings County, dated September 22, 2004, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defend the appeal:
Dawn Shammas, Esq.
89-31 161st Street - Suite 605
Jamaica, New York 11435
(917) 609-2975
and it is further,
ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.
H. MILLER, J.P., GOLDSTEIN, CRANE, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27909
F/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-01122
In the Matter of Charmayne Coates, appellant, v Gregory Lee, respondent. (Docket No. V-21516-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated December 20, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Mark C. Diamond, Esq.
Box 287356 - Yorkville Station
New York, New York 10128
(212) 876-8335
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
H. MILLER, J.P., GOLDSTEIN, CRANE, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27888
M/nal
|
2005-05011 In the Matter of Tiffany D. (Anonymous), appellant. (Docket No. D-6478-04)
| SCHEDULING ORDER |
Appeal by Tiffany D. from an order of the Family Court, Kings County, dated May 20, 2005. By decision and order on motion of this court dated July 13, 2005, the following attorney was assigned as counsel on the appeal:
Jeffrey Bluth, Esq.
415 Albermarle Road
Brooklyn, New York 11218
(718) 435-5357
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated July 13, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M27885
M/nal
|
2005-03271 In the Matter of Zakkariyya D. (Anonymous). Suffolk County Department of Social Services, respondent; Satari D. (Anonymous), appellant. (Docket No. N-1648-01)
| SCHEDULING ORDER |
Appeal by Satari D. from an order of the Family Court, Suffolk County, dated December 22, 2004. By decision and order on motion of this court dated July 13, 2005, the following attorney was assigned as counsel on the appeal:
Legal Aid Society of Suffolk County
Office & P.O. Address
John P. Cohalan Jr. Court Complex
Family Court Bureau
400 Carleton Avenue, P.O. Box 9082
Central Islip, New York 11722-9082
(631) 853-4343
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated July 13, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M27920
CF/
|
2005-01604 In the Matter of Eagle Insurance Company, petitioner-respondent, v Shalamberidze Jemali, et al., respondents-respondents, State Farm Insurance Company, appellant. (Index No. 4671/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 3, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27886
M/nal
|
2005-01272 In the Matter of Joseph Fallarino, respondent, v Sharon Ayala, appellant. (Proceeding No. 1) In the Matter of Sharon Ayala, appellant, v Joseph Fallarino, respondent. (Proceeding No. 2) (Docket No. V-3132/02)
| SCHEDULING ORDER |
Appeal by Sharon Ayala from an order of the Family Court, Nassau County, dated December 20, 2004. By decision and order on motion of this court dated July 13, 2005, the following attorney was assigned as counsel on the appeal:
Amy Colvin, Esq.
P.O. Box 2091
Halesite, New York 11743-2210
(631) 424-8495
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 either within 45 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 20 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated July 13, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 20 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M27871
CF/
|
2004-10618 In the Matter of Verena M. Goetz, deceased. Stephen J. R. Goetz, appellant; Sylvia Perl, respondent. (File No. 1151/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a decree of the Surrogate's Court, Westchester County, dated October 13, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27876
M/nal
|
2004-10395, 2004-10396, 2004-10397
In the Matter of Leta Greenstein, respondent, v Jerry Greenstein, appellant. (Docket No. F-1931-03)
| ORDER TO SHOW CAUSE |
Appeals by Jerry Greenstein from three orders of the Family Court, Rockland County, dated May 3, 2004, July 24, 2004, and October 21, 2004, respectively. By scheduling order dated June 13, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there were such minutes, an affidavit or affirmation that the transcripts were received, and indicating the date received; or
(3) if the transcripts were not received, an affidavit or affirmation stating that they were ordered and paid for, the date thereof and the date by which the transcripts were expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeals.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the scheduling order dated June 13, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before August 15, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27896
M/nal
|
2005-00879 In the Matter of Dan H. (Anonymous), appellant. (Docket No. D-07311-04)
| SCHEDULING ORDER |
Appeal by Dan H. from an order of the Family Court, Kings County, dated December 20, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until August 19, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27906
F/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-04810
In the Matter of Chanel Monique L. (Anonymous). Suffolk County Department of Social Services, respondent; Eric P. (Anonymous), appellant. (Docket No. N-14869-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated April 28, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Russell C. Morea, Esq.
184 North Lane
Smithtown, New York 11787
(718) 263-2400
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
H. MILLER, J.P., GOLDSTEIN, CRANE, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27866
F/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-04461
In the Matter of Darlene L.-B. (Anonymous), respondent, v Claudio B. (Anonymous), appellant. (Docket No. P-4418-05)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated April 13, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
David Laniado, Esq.
189 Montague Street - Suite 303
Brooklyn, New York 11201
(718) 246-9444
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
H. MILLER, J.P., GOLDSTEIN, CRANE, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27868
S/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-04965 In the Matter of Michael Lombard, respondent, v Dennis J. Breslin, etc., appellant.
(Index No. 8334/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Richmond County, dated March 30, 2005, to vacate any automatic stay of the judgment which may be in effect pursuant to CPLR 5519(a)(1), pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27902
M/nal
|
2005-03760
In the Matter of Daniel Luizzi, appellant, v Susan Collins, respondent. (Docket Nos. V-16526-04, V-16527-04, V-16528-04)
| ORDER TO SHOW CAUSE |
Appeal by Daniel Luizzi from an order of the Family Court, Suffolk County, dated March 31, 2005. By scheduling order dated May 10, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 10, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before August 15, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27875
M/nal
|
2005-02024, 2005-05752 In the Matter of Victoria Lutz, respondent, v Bruce Goldstone, appellant. (Docket No. F-00115-00)
| SCHEDULING ORDER |
Appeals by Bruce Goldstone from two orders of the Family Court, Westchester County, dated January 6, 2005 and May 13, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on July 11, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
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
M27865
M/nal
|
2005-00863 In the Matter of Juliane M. (Anonymous). Administration for Children's Services, respondent; Andrew M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Matthew M. (Anonymous). Administration for Children's Services, respondent; Andrew M. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-16712/01, N-16713/01)
| SCHEDULING ORDER |
Appeal by Andrew M. from an undated order of the Family Court, Queens County issued in 2004. The appellant's brief was filed in the office of the Clerk of this court on May 31, 2005, and the respondent's brief was served and filed on July 1, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the law guardian to serve and file a brief on the appeal is enlarged until August 11, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27878
M/nal
|
2005-04463 In the Matter of Anthony O. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Docket No. N-103-02)
| SCHEDULING ORDER |
Appeal by Lillian O. from an order of the Family Court, Westchester County, dated April 18, 2005. By decision and order on motion of this court dated July 13, 2005, the following attorney was assigned as counsel on the appeal:
Izhak Ben-Meir, Esq.
720 Milton Road - Apt. 4B
Rye, New York 10580
(914) 967-3991
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated July 13, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M27864
M/nal
|
2005-03909 In the Matter of Cheryl Ocampo, respondent, v Zeuxis Jimenez, appellant. (Docket No. V-20887-04)
| SCHEDULING ORDER |
Appeal by Zeuxis Jimenez from an order of the Family Court, Suffolk County, dated March 23, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until August 15, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27867
M/nal
|
2005-03775 In the Matter of Jonathan R. (Anonymous). Seaman's Society for Children and Families, petitioner-respondent; Michael R. (Anonymous), appellant; et al., respondent. (Docket No. B-5276-04)
| SCHEDULING ORDER |
Appeal by Michael R. from an order of the Family Court, Richmond County, dated April 12, 2005. By decision and order on motion of this court dated July 14, 2005, the following attorney was assigned as counsel on the appeal:
Mark Diamond, Esq.
Box 287356 - Yorkville Station
New York, New York 10128
(212) 876-8335
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated July 14, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M27914
F/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-03505 In the Matter of Maithsa Edourd S. (Anonymous). Administration for Children's Services, respondent; Rose P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Ernesto G. (Anonymous). Administration for Children's Services, respondent; Rose P. (Anonymous), appellant. (Proceeding No. 1) (Docket Nos. N-6160-04, N-6161-04)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from a fact-finding order of the Family Court, Kings County, dated March 23, 2005, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Court Act § 1116); and it is further,
ORDERED that the stenographers(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Dawn Shammas, Esq.
89-31 161st Street - Suite 605
Jamaica, New York 11435
(917) 609-2975
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
H. MILLER, J.P., GOLDSTEIN, CRANE, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27894
M/nal
|
2005-00608 In the Matter of Barbara Spencer, appellant, v Michael Innis, respondent. (Docket No. U-19056/01)
| SCHEDULING ORDER |
Appeal by Barbara Spencer from an order of the Family Court, Kings County, dated December 21, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 14, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M27872
M/nal
|
2004-08961 In the Matter of Tyrelle T. (Anonymous), appellant. (Docket No. D-1388/03)
| SCHEDULING ORDER |
Appeal by Tyrelle T. from an order of the Family Court, Richmond County, dated October 4, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 14, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M27715
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-10802 In the Matter of Two Trees Farm, Inc., et al., appellants, v Planning Board of Town of Southampton, respondent. (Proceeding No. 1) (Index No. 26065/02) 2005-00439 In the Matter of Two Trees Farm, Inc., et al., appellants, v Marietta Seaman, etc., et al., respondents. (Proceeding No. 2) (Index No. 19706/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two judgments of the Supreme Court, Suffolk County, both entered November 17, 2004, to calendar the appeals together.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the appeals shall be calendared together, and shall be argued or submitted on the same day.
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27898
M/nal
|
2004-08585 In the Matter of Ricky Joseph V. (Anonymous), a/k/a Ricky J. (Anonymous). Administration for Children's Services, et al., respondents; Luis Antonio V. (Anonymous), appellant. (Docket No. B-18669/00)
| SCHEDULING ORDER |
Appeal by Luis Antonio V. from an order of the Family Court, Kings County, dated August 20, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 13, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
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
M27954
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-10314 In the Matter of Michael Unique W. (Anonymous). Lakeside Family and Children's Services, Inc., petitioner-respondent; Michael Anthony W. (Anonymous), appellant; et al., respondent. (Docket No. B-14897/02)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Family Court, Queens County, dated October 25, 2004.
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27917
F/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-04303 In the Matter of Lisa F. Waldman, appellant, v Jayson Waldman, respondent.
(Docket Nos. O-2416-97, V-2349-97, V-2350-97)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Nassau County, dated April 18, 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 no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, on or before August 9, 2005, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and all itemized expenses.
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27870
S/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-04432 In the Matter of Hadassah Weinberger, respondent, v Joshua Frankel, appellant.
(Docket No. F-1596-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Rockland County, dated March 30, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27960
S/nl
|
2005-00875 In the Matter of Rudolph Zinsser, deceased. JP Morgan Chase Bank, etc., et al., respondents; Roderick D. Zinsser, Jr., et al., appellants. (File No. 73271)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Surrogate's Court, Nassau County, dated December 20, 2004.
Upon the stipulation of the attorneys for the respective parties, dated June 8, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27653
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-05337 The People, etc., respondent, v Juan Almanzar, appellant. (Ind. No. 214/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Richmond County, rendered May 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 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.
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27688
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-02914
The People, etc., respondent, v Marie C. Arena, appellant. (Ind. No. 2595/01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered March 22, 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:
Virginia Boccio, Esq.
977 No. Broadway
No. Massapequa, New York 11758
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., COZIER, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 G 0351
Bedford Hills Corr. Fac.
247 Harris Road
Bedford Hills, New York 10507
Appellate Division : Second Judicial Department
M27579
F/
ROBERT A. SPOLZINO, J.
|
2005-04600
The People, etc., plaintiff, v Larry Baptiste, defendant. (Ind. No. 98-00005)
| 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 County Court, Rockland County, dated March 31, 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.
ROBERT A. SPOLZINO
Associate Justice
Appellate Division: Second Judicial Department
M27792
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-04421
The People, etc., respondent, v Jason Brown, appellant. (Ind. No. 04-01463)
| 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, Westchester County, rendered April 26, 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 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:
Joshua Siegel, Esq.
15 Gray Rock Avenue
Hartsdale, New York 10530
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., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 2323
Upstate Corr. Fac.
P.O. Box 2001
309 Bare Hill Road
Malone, New York 12953
Appellate Division : Second Judicial Department
M27577
F/
HOWARD MILLER, J.
|
2005-04758
The People, etc., plaintiff, v William Carolan, defendant. (Ind. No. 13106/95)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated April 6, 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.
HOWARD MILLER
Associate Justice
Appellate Division: Second Judicial Department
M27695
F/
HOWARD MILLER, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN, JJ.
|
2004-06293 The People, etc., respondent, v Donald Crawford, appellant. (Ind. No. 430-04)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered July 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 September 17, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
Upon the papers filed in support of the motion and the papers filed 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:
Mark Diamond, Esq.
Box 287356 - Yorkville Station
New York, New York 10128
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy if the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.), and written directions.
H. MILLER, J.P., S. MILLER, KRAUSMAN, and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
P.O. Box 838
Water Mill, New York 11976
Appellate Division: Second Judicial Department
M27647
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-05242
The People, etc., respondent, v Amaury R. Cuello, appellant. (Ind. No. 23/05)
| 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, Dutchess County, rendered May 3, 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 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., COZIER, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 2638
Downstate Corr. Fac.
P.O. Box 445
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M27669
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-08317 The People, etc., respondent, v Sonja Dees, appellant. (Ind. No. 803-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered August 23, 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, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) whether counsel was retained or assigned, and if retained, the amount and source of counsel fees paid to retained counsel, and (2) 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., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27800
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-05355 The People, etc., respondent, v Carlos Diaz, appellant. (Ind. No. 2516-93)
| 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 resentence of the County Court, Suffolk County, imposed May 10, 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.
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
95-A-3027
Sing Sing Corr. Fac.
345 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M27645
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-02262 The People, etc., respondent, v Raymond Figueroa, appellant. (Ind. No. 778-04)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered February 22, 2005. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on April 22, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
Upon the papers filed in support of the motion and the papers filed 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:
Michael S. Bromberg, Esq.
44 Hampton Street
Box 2112
Sag Harbor, New York 11963
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy if the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.), and written directions.
H. MILLER, J.P., COZIER, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 1068
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M27650
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-05251 The People, etc., respondent, v Richard Flowers, appellant. (Ind. No. 1265/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered May 17, 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.
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27664
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-05353, 2005-05354
The People, etc., respondent, v John Fotiou, appellant.
(Ind. Nos. 1399-03, 2912-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take appeals from two judgments of the County Court, Suffolk County, both rendered December 23, 2004, and for leave to prosecute the appeals as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to extend the time to take the appeals is granted; and it is further,
ORDERED that the appellant's moving papers are deemed to constitute timely notices 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 was retained or assigned, 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., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M27387
F/
DAVID S. RITTER, J.
|
2005-05143
The People, etc., plaintiff, v Ronald Haynes, defendant. (Ind. No. 6705/03)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated April 28, 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.
DAVID S. RITTER
Associate Justice
Appellate Division: Second Judicial Department
M27795
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2002-04926 The People, etc., respondent, v William Jiggetts, appellant. (Ind. No. 5219/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that the decision and order on motion of this court, dated December 2, 2004, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Kings County, rendered May 21, 2002, is recalled and vacated; and it is further,
ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.
The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27874
S/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2002-03449 The People, etc., respondent, v Kenneth Johnson, appellant.
(Ind. No. 01-186)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the County Court, Orange County, rendered July 13, 2001, to strike the appellant's brief on the ground that the appellant did not serve the transcripts of the plea and sentencing proceedings on the respondent, or, in the alternative, to enlarge the time to serve and file a brief.
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 branch of the motion which is to strike the appellant's brief is granted to the extent that and on or before August 2, 2005, the appellant shall serve the transcripts of the plea and sentencing proceedings on the respondent, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge time is granted, the respondent's time to serve and file its brief is enlarged until August 16, 2005, and the respondent's brief shall be served and filed on or before that date.
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27652
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-05464 The People, etc., respondent, v Joe Manley, appellant. (Ind. No. 1016/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered May 17, 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.
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27670
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2001-04980 The People, etc., respondent, v Michael A. McKinney, appellant. (Ind. No. 78/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Dutchess County, rendered May 21, 2001, 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 no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
H. MILLER, J.P., COZIER, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
01 A 3531
Eastern Corr. Fac.
Box 338
Napanoch, New York 12458
Appellate Division : Second Judicial Department
M27386
F/
DAVID S. RITTER, J.
|
2005-04040
The People, etc., plaintiff, v Anthony Montanez, defendant. (Ind. No. 4729/01)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 23, 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.
DAVID S. RITTER
Associate Justice
Appellate Division: Second Judicial Department
M27643
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-05321 The People, etc., respondent, v James Murray, appellant. (Ind. No. 121/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered December 7, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Kings County, rendered December 7, 2004.
H. MILLER, J.P., COZIER, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M27388
F/
DAVID S. RITTER, J.
|
2005-04601
The People, etc., plaintiff, v Anthony Norris, defendant. (Ind. No. 46/01)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 22, 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.
DAVID S. RITTER
Associate Justice
Appellate Division: Second Judicial Department
M27840
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2001-03883 The People, etc., respondent, v Miguel Ramirez, appellant. (Ind. No. 1201-99)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, in effect, for summary reversal of a judgment of the County Court, Nassau County, rendered April 27, 2001, on the ground that the appeal has not been calendared.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that the motion is denied as the appeal has been calendared for September 9, 2005.
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27693
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-05364
The People, etc., respondent, v Victor Santos, appellant. (Ind. No. 2320-04)
| 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 May 25, 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 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 Muraskin, Esq.
1776 East Jericho Turnpike
Huntington, New York 11743
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., COZIER, SPOLZINO, and LIFSON, 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
M27663
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-05361 The People, etc., respondent, v Christopher Stewart, appellant. (Ind. No. 313-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Suffolk County, rendered May 19, 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 (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 was retained counsel or assigned counsel, 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., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27690
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-02467
The People, etc., plaintiff, v Gilbert Vasquez, defendant. (Ind. No. 4878/96)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Renewed motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered July 16, 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.
H. MILLER, J.P., COZIER, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 R 3124
Cape Vincent Corr. Fac.
Box 739
Cape Vincent, New York 13618
Appellate Division : Second Judicial Department
M27385
F/
DAVID S. RITTER, J.
|
2005-03645
The People, etc., plaintiff, v Damon Warren, defendant. (Ind. No. 159/02)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 1, 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.
DAVID S. RITTER
Associate Justice
Appellate Division: Second Judicial Department
M27674
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-05036 The People, etc., respondent, v Valarie Wilson, appellant. (Ind. No. 6245/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered December 4, 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.
H. MILLER, J.P., COZIER, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 G 1191
Bedford Hills Corr. Fac.
Box 1000
Bedford Hills, New York 10507