Appellate Division: Second Judicial Department
M28024
J/sl
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2005-02720 Piotr Bachurski, et al., appellants, v Polish & Slavic Federal Credit Union, et al., respondents. (Index No. 10863/03)
| ORDER ON APPLICATION |
Application by the respondent 76th Street Owners Corp. pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated February 7, 2005.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until August 19, 2005, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28080
S/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
FRED T. SANTUCCI
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2004-06139 Walford Barrett, respondent, v David Jeannot, et al., appellants, et al., defendant. (Index No. 7777/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated June 2, 2004, which was determined by decision and order of this court dated May 23, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and separate motion by the appellants to stay the trial of the above-entitled action pending hearing and determination of the motion for reargument or any appeal to the Court of Appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to reargue or for leave to appeal to the Court of Appeals is denied, with $100 costs; and it is further,
ORDERED that the motion for a stay is denied.
PRUDENTI, P.J., SCHMIDT, SANTUCCI, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28022
R/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-07841 George Bisnoff, appellant, v Pammi Lazarus Bisnoff, respondent.
(Index No. 20584/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated August 11, 2004, inter alia, to strike page 92 of the appendix on the appeal on the ground that it contains matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike page 92 of the appendix on the appeal on the ground that it contains matter dehors the record is granted, and on or before August 5, 2005, the appellant shall delete or remove that page from the copies of the appendix on file with this court or serve and file a replacement appendix on appeal that does not contain the stricken material; 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
M28045
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2005-01248 Erik Bjornson, respondent, v Elisabeth F. Bjornson, appellant.
(Index No. 9159/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated January 4, 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 as academic in light of the determination of the appeal (see Bjornson v Bjornson, ____ AD3d ____ [2d Dept, July 18, 2005]).
H. MILLER, J.P., COZIER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28050
J/sl
|
2005-05730
Board of Education of Mamaroneck Union Free School District, appellant, v Attorney General of State of New York, respondent. (Matter No. 1) (Index No. 9681/04) In the Matter of Richard Cantor, respondent, v Mamaroneck Union Free School District, et al., appellants. (Matter No. 2) (Index No. 10481/04)
| ORDER ON APPLICATION |
Joint application by the appellants and the respondent Richard Cantor pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time of the respondent Richard Cantor to serve and file a brief on an appeal from a judgment of the Supreme Court, Westchester County, dated April 25, 2005, and to enlarge the appellants' time to serve and file a reply brief.
ORDERED that the application is granted and the time of the respondent Richard Cantor to serve and file a brief is enlarged until August 17, 2005, and that respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellants' reply brief must be served and filed on or before September 6, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28042
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-11232, 2003-11234 Harry Briffel, et al., appellants, v County of Nassau, et al., respondents. (Index No. 3418/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two orders of the Supreme Court, Nassau County, dated December 4, 2003, and December 9, 2003, respectively, for this court to take judicial notice of a certain statement contained in a newspaper article.
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.
FLORIO, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28051
J/sl
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2005-01129
David R. Caplan, appellant, v Lawrence E. Tofel, defendant, Tofel, Karan & Partners, P.C., respondent. (Index No. 1726/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an amended judgment of the Supreme Court, Dutchess County, dated December 22, 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
M28067
S/nl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-03550 Carol Carpenter-Siracusa, respondent, v Jack Siracusa, appellant. (Index No. 4284/98)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated February 24, 2005, to dismiss the appeal on the ground that the issues the appellant plans to raise on the appeal are not properly before this court, and to vacate the stay which was granted by decision and order on motion of this court dated May 23, 2005, as amended June 27, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied, without prejudice to the respondent raising the issue in her brief; 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
M28068
O/sl
HOWARD MILLER, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2003-08763, 2003-08765, 2003-08766, 2004-01264, 2004-07152, 2004-11291 Mary P. Davey, respondent, v Peter F. Davey, appellant. (Index No. 10437/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from five orders of the Supreme Court, Westchester County, dated August 29, 2003 (Appellate Division Docket No. 2003-08763), September 10, 2003 (Appellate Division Docket No. 2003-08765), September 11, 2003 (Appellate Division Docket No. 2003-08766), January 2, 2004 (Appellate Division Docket No. 2004-01264), and November 17, 2004 (Appellate Division Docket No. 2004-11291), and a judgment of the same court dated July 6, 2004 (Appellate Division Docket No. 2004-07152), inter alia, to recall and vacate a decision and order on motion of this court dated May 13, 2005, which dismissed 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., RIVERA, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28027
J/sl
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2004-10559 Employers Insurance of Wausau, respondent, v Meli & Borelli Associates, Inc., et al., defendants, Cigna Corp., et al., appellants. (Index No. 27055/96)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated October 13, 2004.
ORDERED that the application is granted and the appellants' time to perfect their respective appeals is enlarged until August 17, 2005, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28044
E/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2004-10647 Jeffrey Feldman, plaintiff-appellant, v CSX Transportation, Inc., et al., defendants respondents, General Electric Railcar Services Corporation, defendant third-party plaintiff- respondent; Pure Tech, etc., et al., third-party defendants-appellants. (Index No. 26985/02)
| DECISION & ORDER ON MOTION |
Motion by the Association of American Railroads for leave to file an amicus curiae brief on an appeal from an order of the Supreme Court, Kings County, dated October 19, 2004.
Upon the papers filed in support of the motions and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the amicus curiae brief must be served on the parties, and nine copies filed in this court on or before August 12, 2005; and it is further,
ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,
ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief on or before August 19, 2005.
SCHMIDT, J.P., SANTUCCI, KRAUSMAN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28052
R/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2005-06501 Judith Feuer, respondent, v Marshall Z. Feuer, appellant.
(Index No. 201791/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a decision and order (one paper) of the Supreme Court, Nassau County, dated June 16, 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 on the court's own motion, the appeal is dismissed, without costs or disbursements, except as to that portion of the decision and order which determined the appellant's motions to vacate his default and to change venue, and the cross motion to impose sanctions, on the ground that the remaining portions of the decision and order constitute a decision from which no appeal lies (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the motion is denied.
SCHMIDT, J.P., SANTUCCI, KRAUSMAN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28061
S/nl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-09447, 2003-11443 Fountains Acquisition Properties, Inc., appellant, v Tocci Building Corporation of New York, Inc., et al., respondents. (Index No. 16328/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue appeals from two orders of the Supreme Court, Westchester County, entered September 16, 2003, and December 4, 2003, which were determined by decision and order of this court dated April 18, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SCHMIDT, J.P., SANTUCCI, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28091
O/nl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2005-06521 Lisa Catherine Gagliano, plaintiff, v Dominick Gagliano, defendant. (Index No. 03-11742)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff, inter alia, for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated July 6, 2005, and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
SCHMIDT, J.P., SANTUCCI, KRAUSMAN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27976
M/nal
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-03575
Teddy Jimenez, appellant, v Olga Jimenez, respondent. (Index No. 46855/02)
| DECISION & ORDER ON MOTION |
Appeal by Teddy Jimenez from a judgment of the Supreme Court, Kings County, dated January 21, 2005. By order to show cause dated June 21, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 10, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated May 10, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28043
S/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2004-08831
Lawrence Klein, respondent, v Stephanie Klein, appellant.
(Index No. 200558/03)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 22, 2004.
Upon the papers filed in support of the application and the no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 11, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
SCHMIDT, J.P., SANTUCCI, KRAUSMAN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28053
J/sl
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2004-10610 Laurel Koestereich, etc., et al., plaintiff- respondent, v Nancy Turner-Banks, etc., et al., appellants, Abayomi Orafidiya, etc., et al., defendants-respondents. (Index No. 7168/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Rockland County, dated November 4, 2004.
ORDERED that the application is granted and the appellants' time to perfect their respective appeals is enlarged until October 11, 2005, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28037
E/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
|
2005-00700 Rafael Mayorquin, respondent, v Skillman St. Realty, LLC, appellant, et al., defendant. (Index No. 31511/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated October 12, 2004, to stay the trial in the above-entitled action 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.
SCHMIDT, J.P., SANTUCCI, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28046
E/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2004-03813, 2004-09702 Burke McBean, etc., et al., respondents, v United Skates of America, Inc., d/b/a Empire Roller Skating Center, appellant. (Index No. 35153/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - December 2004 Calendar", dated December 27, 2004, as dismissed an appeal from an order of the Supreme Court, Kings County, dated March 16, 2004(Appellate Division Docket No. 2004-03813), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same and for leave to withdraw the appeal. Cross-motion by the respondent to dismiss an appeal from an order of the same court, dated September 7, 2004 (Appellate Division Docket No. 2004-09702), on the ground that the issues raised on that appeal are precluded by the doctrine of Bray v Cox (38 NY2d 350).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, so much of the decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - December 2004 Calendar", dated December 27, 2004, as dismissed the appeal from the order dated March 16, 2004, is recalled and vacated, and the appeal from the order dated March 16, 2004, is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the cross motion is denied.
SCHMIDT, J.P., SANTUCCI, KRAUSMAN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28086
CF/
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2005-01691 Mohammed Mustafa, respondent, v Columbus Centre, LLC, et al., appellants (and a third-party action). (Index No. 31610/01)
| 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 17, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28084
CF/
|
2004-10970 Felicia Ockiya, appellant, v Colgate University, respondent. (Index No. 22227/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 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
M28076
CF/
|
2005-01274, 2005-03597 Margaret Parris, appellant, v Herbert S. Perry, respondent. (Index No. 9213/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant on appeals from and order of the Supreme Court, Nassau County, dated January 7, 2005, and a judgment of the same court dated March 10, 2005, to withdraw the appeal from the order dated January 7, 2005 (Appellate Division Docket No. 2005-01274).
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 January 7, 2005, pending under Appellate Division Docket No. 2005-01274, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28047
CF/
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2004-10787 Niloofar Pellarin, et al., appellants-respondents, v Moon Bay Development Corp., et al., respondents-appellants. (Index No. 16448/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 12, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal of the appellants-respondents is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28082
O/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2005-01412 Briyana Picott, etc., et al., respondents, v Adolfo Lewis, et al., defendants, Marson D. Sealy, et al., appellants. (Index No. 47263/02)
|
Motion by the appellants to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 17, 2004, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for a stay is granted, and all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the branch of the motion which is for a preference is granted, and the appeal shall be calendared when it is fully perfected.
SCHMIDT, J.P., SANTUCCI, KRAUSMAN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27962
R/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-08015 Karen Ramos, et al., respondents-appellants, v Nouveau Industries, Inc., appellant-respondent.
(Index No. 25420/98)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants on an appeal from a judgment of the Supreme Court, Queens County, entered August 25, 2004, for leave to serve and file an amended respondents' brief, to enlarge their time to serve and file their amended respondents' brief, and to enlarge the time for the appellant-respondent to serve and file its reply brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file an amended respondents' brief is granted to the extent that on or before August 4, 2005, the respondents-appellants shall serve and file a corrected page 48 of their brief on the appellant-respondent and shall replace page 48 in all copies of their brief on file with the court; and it is further,
ORDERED that the branches of the motion which are for leave to serve and file amended "Table of Contents and "Questions Presented" sections of their brief are denied, as academic; and it is further,
ORDERED that the branch of the motion which is to enlarge the appellant-respondent's time to serve and file its reply brief is granted; and it is further,
ORDERED that the appellant-respondent's time to serve and file its reply brief is enlarged until September 6, 2005, and the appellant-respondent's reply brief must be served and filed on or before that date; 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
M28049
J/sl
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2005-01123 Paul Tucci, et al., respondents, v Talon Seafood South, Inc., d/b/a La Renaissance French Pastries, et al., appellants. (Index No. 20704/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered December 22, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 21, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28103
S/nl
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
FRED T. SANTUCCI
PETER B. SKELOS, JJ.
|
2004-11177 David Walsh, appellant, v New York State Thruway Authority, respondent. (Index No. 2300/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Rockland County, dated October 1, 2004, to amend the record on appeal to include an affirmation of Dian Kerr McCullough, dated June 28, 2004, which was considered by the Supreme Court, Rockland County, in determining the motion which resulted in the order dated October 1, 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 on or before August 1, 2005, the respondent shall serve and file a supplemental record containing the affirmation of Dian Kerr McCullough, dated June 28, 2004.
SCHMIDT, J.P., S. MILLER, SANTUCCI and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28048
R/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2005-06673 Woodmont Home Owners Association, Inc., plaintiff, v Barbara Barbaria, et al., defendants.
(Index No. 101742/05)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff, inter alia, for leave to appeal to this court from an order of the Supreme Court, Richmond County, dated July 5, 2005, and to enjoin the defendants and their attorneys, agents, representatives, and others, inter alia, from proceeding with an election of the Board of Directors of Woodmont Homeowner's Association, Inc., or the annual meeting, including the meeting scheduled for July 16, 2005, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,
ORDERED that the branch of the motion which is to enjoin the defendants and their attorneys, agents, representatives, and others, inter alia, from proceeding with an election of the Board of Directors of Woodmont Homeowner's Association, Inc., or the annual meeting, including the meeting scheduled for July 16, 2005, is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
SCHMIDT, J.P., SANTUCCI, KRAUSMAN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28085
S/nl
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-08499, 2005-04689 In the Matter of Ray A. (Anonymous), Jr. St. Vincent's Services, petitioner-respondent; Marilyn R. (Anonymous), respondent-respondent; Steven Banks, nonparty-appellant. (Docket No. B-1853/01)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant to consolidate appeals from two orders of the Family Court, Queens County, dated August 26, 2004, and April 18, 2005, respectively.
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 as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]).
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28081
CF/
|
2005-03105 In the Matter of Allstate Insurance Company, appellant, v Andrew LaGuerre, et al., respondents. (Index No. 637/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated February 8, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27975
M/nal
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-04267 In the Matter of Commissioner of Social Services, o/b/o Barbara Brown, respondent, v Charlie James Ross, appellant. (Docket No. U-00031-00)
| DECISION & ORDER ON MOTION |
Appeal by Charlie James Ross from an order of the Family Court, Rockland County, dated March 28, 2005. By order to show cause dated June 30, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 17, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated May 17, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28041
S/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-06143 In the Matter of Victor Dunning, petitioner, v Kristi Hill, respondent. (Proceeding No.1) In the Matter of Kristi Hill, petitioner, v Victor Dunning, respondent. (Proceeding No. 2) (Docket Nos. V-04845/04, V-04846/04, V-05268/04, V-11527/04)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated July 14, 2005, in the above-entitled matter is amended by deleting from the caption and preamble thereof the name "Kristi Dunning", and substituting therefor the name "Kristi Hill".
SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28101
O/nl
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-03708 In the Matter of Sabina Fishburne, petitioner, Sydney Jennings, appellant, v Franklyn Teelucksingh, respondent. (Proceeding No. 1) In the Matter of Franklyn Teelucksingh, petitioner, v Sabina Fishburne, et al., respondents. (Proceeding No. 2) (Docket Nos. V-05237-01, V-04145-01, V-04146-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Westchester County, dated March 12, 2004, to direct a reconstruction hearing of the direct testimony of a Judith Sage.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the matter is remitted to the Family Court, Queens County, for a reconstruction hearing with respect to the direct testimony of Judith Sage; and it is further,
ORDERED that the stenographer/transcription services is/are directed promptly to make, certify, and file two typewritten transcripts of the stenographic minutes of the reconstruction hearing, once said hearing has been completed, (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 appellant's counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, after counsel serves and files his brief; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order on 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
Appellate Division: Second Judicial Department
M28026
F/
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2004-09936 In the Matter of Andrew F. Fisher, respondent, v Christine DeFlora, appellant. (Docket No. V-4274-98)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to defend an appeal from an order of the Family Court, Suffolk County, dated October 8, 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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defendant the appeal:
Janessa M. Trotto, Esq.
49 Main Street - Suite 2
Sayville, New York 11782
(631) 897-3410
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.
SCHMIDT, J.P., SANTUCCI, KRAUSMAN, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27971
M/nal
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-03894
In the Matter of Altamese Ivery, petitioner-respondent, v John Ivery, respondent, Latisha Bell, appellant. (Docket No. V-3193-04, V-3194-04)
| DECISION & ORDER ON MOTION |
Appeal by Latisha Bell from an order of the Family Court, Westchester County, dated March 29, 2005. By order to show cause dated June 30, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 12, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated May 12, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27972
M/nal
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-03689
In the Matter of Geraldo Martinez, appellant, v Cynthia Martinez, respondent. (Docket No. F-3051-01)
| DECISION & ORDER ON MOTION |
Appeal by Geraldo Martinez from an order of the Family Court, Orange County, dated February 9, 2005. By order to show cause dated June 21, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 10, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated May 10, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27973
M/nal
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-04497, 2005-04498
In the Matter of Bobby McK. (Anonymous) III. Rockland County Department of Social Services, respondent; Rondsheba A. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Rasheeda McK. (Anonymous). Rockland County Department of Social Services, respondent; Rondsheba A. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Altereak W. (Anonymous). Rockland County Department of Social Services, respondent; Rondsheba A. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Zenobia A. (Anonymous). Rockland County Department of Social Services, respondent; Rondsheba A. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. N-03089-04, N-03090-04, N-03091-04, N-03092-04)
| DECISION & ORDER ON MOTION |
Appeals by Rondsheba A. from two orders of the Family Court, Rockland County, dated March 24, 2005, and April 18, 2005, respectively. By order to show cause dated June 30, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with a scheduling order dated May 17, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with a scheduling order dated May 17, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27974
M/nal
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-03950 In the Matter of James Nell, respondent, v Elizabeth Nell, appellant. (Docket No. O-00098/05)
| DECISION & ORDER ON MOTION |
Appeal by Elizabeth Nell from an order of the Family Court, Richmond County, dated March 21, 2005. By order to show cause dated June 21, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 11, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated May 11, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28020
J/sl
|
2004-08995
In the Matter of Surinder Sandhu, etc., respondent, v Mercy Medical Center, et al., appellants. (Index No. 12882/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, entered August 3, 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
M28031
E/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
PETER B. SKELOS, JJ.
|
2003-05607 In the Matter of Mikhail V. (Anonymous), appellant. (Docket No. E-4615/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant (1) for leave to reargue an appeal from an order of disposition of the Family Court, Suffolk County, entered May 16, 2003, which was determined by decision and order of this court dated November 1, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court (2) and for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to reargue, or, in the alternative, for leave to appeal to the Court of Appeals is denied; and it is further,
ORDERED that the branch of the motion which is for a writ of error coram nobis is denied (see Family Ct Act § 762).
H. MILLER, J.P., COZIER, RITTER and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28039
S/sl
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-05620 In the Matter of Tatjana Vanjak, appellant, v Emil Pesa, respondent. (Docket No. V-2296-98/05)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated July 13, 2005, in the above-entitled matter is amended by (1) deleting from the caption thereof Docket No. "2296-98/05" and substituting therefor Docket No. "V-2296-98/05", and (2) deleting from the preamble thereof the words "Supreme Court" and substituting therefor the words "Family Court".
SCHMIDT, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28016
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2001-09811 The People, etc., respondent, v Reuben Avent, appellant. (Ind. No. 01-00157)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that the decision and order on motion of this court, dated July 9, 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 County Court, Rockland County, rendered October 23, 2001, 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
M28060
S/nl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2003-05073, 2005-04232 The People, etc., respondent, v Shawn Coleman, appellant. (Ind. No. 1967/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file an addendum to his supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered May 5, 2003, and to calendar that appeal with an appeal from an order of the same court dated March 30, 2005.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file an addendum to the supplemental brief is denied; and it is further,
ORDERED that the branch of the motion which is to calendar the appeal from the judgment with the appeal from the order is granted and the appeals will be calendared together and argued or submitted on the same day.
SCHMIDT, J.P., SANTUCCI, KRAUSMAN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28007
E/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2003-10909 The People, etc., respondent, v Kamorie Edwards, appellant. (Ind. No. 2121/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered November 18, 2003, for leave to reargue his motion to relieve counsel assigned to prosecute the appeal and for assignment of new counsel, which was determined by decision and order on motion of this court dated April 15, 2005.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28015
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-04685
The People, etc., respondent, v Wayne Hargrove, appellant. (Ind. No. 997/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered April 27, 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:
Marianne Karas, Esq.
Box 277
Armonk, New York 10504
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 3078
Downstate Corr. Fac.
P.O. Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M27999
E/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-05639 The People, etc., respondent, v Fitz W. Lawrence, appellant. (Ind. No. 334/04)
| ORDER TO SHOW CAUSE |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered February 2, 2005, as a poor person and for the assignment of counsel.
ORDERED that on the court's own motion, the appellant is directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the notice of appeal is untimely (see CPL 460.10[1][a], 460.30), and the appellant has not sought leave to file a late notice of appeal by filing an affidavit on that issue with the Clerk of this court on or before August 19, 2005; and it is further,
ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined by ordinary mail pursuant to CPL 470.60(2), and upon the attorney who last appeared for him, and upon the District Attorney, by regular mail.
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28018
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-03053
The People, etc., respondent, v Thomas A. Lubrano, appellant. (Ind. No. 1852-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered May 19, 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:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
P.O. Box 297
Shirley, New York 11967
Appellate Division: Second Judicial Department
M28013
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-05357
The People, etc., respondent, v Leonard Moriah, appellant. (Ind. No. 04-00876)
| 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 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:
Patricia M. Sullivan, Esq.
50 Main Street - Suite 1000
White Plains, New York 10606
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 2427
Downstate Corr. Fac.
P.O. Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M28017
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2002-05704 The People, etc., respondent, v Lee Robinson, appellant. (Ind. No. 2304-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to recall and vacate a decision and order on motion of this court, dated June 2, 2005, which granted his application for leave to serve and file a supplemental brief on his appeal from a judgment of the County Court, Suffolk County, rendered April 23, 2002, and to deem the application withdrawn.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, the decision and order on motion dated June 2, 2005, is recalled and vacated, and the appellant's application for leave to serve and file a supplemental brief is deemed withdrawn.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court