Appellate Division: Second Judicial Department
M28057
S/cf
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2005-02948, 2005-02949
ABN Mortgage Group, Inc., respondent, v Archibald T. Barlow, et al., appellants. (Index No. 41877/02)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellants on appeals from two orders of the Supreme Court, Kings County, dated November 18, 2003, and March 1, 2005, respectively, to recall and vacate so much of an order on application of this court dated April 11, 2005, as granted that branch of their application which was to withdraw the appeal from the order dated November 18, 2003 (Appellate Division Docket No. 2005-02948), and cross motion by the respondent to dismiss the appeal from the order dated November 18, 2003, on the ground that the appeal was not timely taken.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is 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
M28063
S/mv
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-08509, 2005-02734
America's Imaging Center, Inc., appellant, v A. J. Richard & Sons, Inc., et al., respondents.
(Index No. 11935/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Queens County, dated July 1, 2004, and February 24, 2005, respectively.
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 respondents' time to serve and file a brief is enlarged until August 22, 2005, and the respondents' 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.
H. MILLER, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27955
S/nal
|
2005-00362, 2005-04092
Leonard Bellavia, etc., et al., plaintiffs-respondents, v John T. Carroll, et al., appellants, Michael Chiarulli, defendant-respondent. (Index No. 24784/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Suffolk County, dated December 15, 2004, and April 6, 2005, respectively.
ORDERED that the application is granted and the respondents' time to serve and file briefs is enlarged until August 26, 2005, and the respondents' 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
M28100
J/nl
|
2004-09709 Donna Bryan, appellant-respondent, v Staten Island University Hospital, defendant, James B. Hurwitz, etc., respondent-appellant. (Index No. 24247/99)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 1, 2004.
ORDERED that the application is granted and the respondent-appellant's time to serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until August 29, 2005, and the respondent-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
M28116
S/nal
|
2005-04376, 2005-05643
Ann P. Cedrone, et al., appellants, v Bon Secours Community Hospital, et al., appellants. (Index No. 8481/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Orange County, dated February 8, 2005, and March 1, 2005, respectively.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until October 25, 2005, and the record or appendix on the appeals 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
M28094
S/mv
HOWARD MILLER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
ROBERT A. SPOLZINO, JJ.
|
2003-11400
Ray Cortez, respondent, v Countrywide Insurance Co., appellant. (Index No. 40851/91)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, dated October 29, 2002, which was determined by decision and order of this court dated April 18, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
H. MILLER, J.P., RITTER, RIVERA and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28118
S/nal
|
2005-00978
Remelia DeNardis, respondent, v James Walsh, et al., appellants, et al., defendants. (Index No. 673/04)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated November 29, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 6, 2005, and the record or appendix on the appeal and the 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
M28125
S/nal
|
2005-01212
Carlos DeOliviera, appellant, v Robert M. Manners, respondent. (Index No. 11903/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated October 20, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 20, 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
M28078
S/cf
ANITA R. FLORIO, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2004-00554 Lizzy Franks, et al., plaintiffs-respondents, v G & H Real Estate Holding Corp., et al., defendants-respondents, Eckerd Corp., d/b/a Genovese Drug Store, #5514, et al., appellants. (Index No. 28716/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant Mr. China, Inc., d/b/a Mr. China Bridal Registry for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated December 8, 2003, which was determined by decision and order of this court dated March 28, 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 one bill of $100 costs.
FLORIO, J.P., SANTUCCI, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28117
S/nal
|
2005-01202
Alexander Gavrilov, et al., appellants, v Eddie Slinim, respondents. (Index No. 26396/03)
| 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, Kings County, dated December 1, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 3, 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
M28054
S/mv
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2004-08496
Conrad Green, respondent, v Louise Green, et al., appellants. (Index No. 10037/93)
| DECISION & ORDER ON MOTION |
Motion by the appellant Andrea Haye Whyte to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated August 7, 2004, and application by the appellants Marlene Haye and Louise Green for the same relief.
Upon the papers filed in support of the motion and the application and the papers filed in opposition thereto, it is
ORDERED that the motion and the application 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 appendix on the appeals and the appellants' respective briefs 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
M28098
O/nal
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2004-07635
Kay Foundation, etc., appellant, v S&F Towing Service of Staten Island, Inc., et al., respondents. (Index No. 12140/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, in effect, to recall and vacate a decision and order on motion of this court dated June 29, 2005, which dismissed an appeal from an order of the Supreme Court, Richmond County, dated July 2, 2004, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to taking a timely appeal from any judgment entered in the above-entitled action.
SCHMIDT, J.P., SANTUCCI, KRAUSMAN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28097
S/mv
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-05509
Luise Klein, et al., plaintiffs, v William Klein, et al., defendants.
(Index No. 1244QTS/01)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff Luise Klein for leave to appeal to this court from an order of the Appellate Term of the Supreme Court for the 2nd and 11th Judicial Districts dated February 2, 2005, which affirmed a judgment of the Civil Court, Queens County, entered December 24, 2002, and an order of the same court entered June 10, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28113
S/nal
|
2005-00762 Carmen Kouroupis, et al., respondents, v New York City Transit Authority, appellant. (Index No. 26200/94)
| 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, Kings County, dated November 12, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 12, 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
M28123
S/nal
|
2005-01183
Richard Kurtz, respondent, v Michael Mitchell, appellant, et al., defendant. (Index No. 1103/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Putnam County, dated December 13, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 26, 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
M28115
S/nal
|
2005-01004
Lindsay Lowe, appellant, v Carlington Corp., et al., defendants, Kenneth Gass, d/b/a Municipal Services of Long Island, respondent. (Index No. 02-006657)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered December 21, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 19, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28119
S/nal
|
2005-01945
Ilya Makaron, appellant, v Luna Park Housing Corporation, respondent. (Index No. 8818/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 9, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 13, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28120
S/nal
|
2004-10968
Tricia Michels, et al., respondents, v Richard J. Grant, et al., appellants. (Index No. 24653/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated November 12, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 29, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28127
S/nal
|
2004-09665
David Myers III, et al., appellants-respondents, v BMR Building Inspections, Inc., respondent, Bart Rodi, et al., respondents-appellants.
(Index No. 301/01)
| ORDER ON APPLICATION |
Application by the respondents-appellants 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, Rockland County, dated October 4, 2004.
ORDERED that the application is granted; 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, on or before September 19, 2005 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28128
S/nal
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2005-03007
Domenick Pallotta, et al., plaintiffs, v Morgan Guaranty Trust Company of New York, et al., respondents, New York Elevator & Electrical Corporation, appellant. (Index No. 13097/02)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond 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; and it is further,
ORDERED that the stay granted by decision and order on motion of this court dated June 8, 2005, is vacated forthwith.
H. MILLER, J.P., RITTER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28124
S/nal
|
2005-02674
Brenda Ramsey, et al., appellants, v Mt. Vernon Board of Education, et al., respondents. (Index No. 10475/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated February 17, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 31, 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
M28122
S/nal
|
2005-01324 Karen Santella, etc., et al., respondents, v New York Central Mutual Fire Insurance, appellant, et al., defendants. (Index No. 18598/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered January 11, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 9, 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
M28112
S/nal
|
2005-01020
Lora Stravets, appellant, v City of New York, respondent. (Index No. 31914/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 16, 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
M28066
J/nl
|
2004-10862 United States Dredging Corp., plaintiff- respondent, v Edward Murphy, et al., appellants, et al., defendants-respondents. (Index No. 7032/04)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered November 17, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 30, 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
M28065
J/sl
|
2004-09369
Thomas Vincente, et al., respondents, v Roy Kay, Inc., appellant (and a third-party action). (Index No. 13377/00)
| 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, Richmond County, dated January 4, 2002.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 26, 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
M28055
S/cf
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2005-06212
Wells Fargo Bank Minnesota, etc., respondent, v James V. Scarpinito, appellant, et al., defendants. (Index No. 35577/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from a decision of the Supreme Court, Kings County, dated January 24, 2005, on the ground, among others, that the appeal was not timely taken.
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, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the motion is 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
M28062
J/nl
|
2004-10086 Edward L. Wolf, et al., appellants-respondents, v Citibank, N.A., etc., respondent-appellant. (Index No. 15379/02)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated September 28, 2004.
ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until August 29, 2005, and the joint record or appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28090
S/mv
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-05090
Charles Dun-Zheng Yan, appellant, v Nancy Klein, et al., respondents. (Index No. 8004/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike the addendum to the respondents' brief and all references to the addendum in the brief, and to strike other portions of the brief on the ground that they are scandalous and prejudicial.
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 the addendum to the respondents' brief and all references thereto in the brief is denied as academic as the addendum to the respondents' brief and all references thereto in the brief were removed prior to the filing of the respondents' brief; and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28069
J/nl
|
2004-07250, 2005-01056
Solomon Zwiebel, et al., appellants, v Shmiel D. Guttman, et al., respondents. (Index No. 45021/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Kings County dated April 15, 2004, and December 13, 2004, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before August 3, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28129
S/nal
|
2005-00347
Matter of Caroline Ciraolo, deceased. David J. Ciraolo, et al., respondents; Charles Ciraolo, Sr., appellant.
(File No. 1432/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Surrogate's Court, Kings County, dated November 10, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 29, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28121
S/nal
|
2005-01308
In the Matter of Estate of Albert J. Noble, Jr., deceased. Albert J. Noble, III, appellant; Christopher P. Noble, respondent. (File No. 906A/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Suffolk County, dated January 3, 2005.
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
M28058
S/cf
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-08858
In the Matter of Gyrodyne Company of America, Inc., petitioner, v State University of New York at Stony Brook, et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to appeal to the Court of Appeals from a decision and judgment of this court, dated April 25, 2005, which confirmed a determination of the respondent State University of New York at Stony Brook dated August 27, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., SANTUCCI, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28087
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2003-07547
In the Matter of Harry Hall, appellant, v Leroy Ladson, respondent.
(Docket Nos. V-21712-02, V-21722-02/03B)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Appeal by Harry Hall from an order of the Family Court, Kings County, dated August 12, 2003. By decision and order of this court dated May 23, 2005, the matter was remitted to the Family Court, Kings County, to hear and report on whether the petitioner was advised pursuant to Family Court Act § 262(a) of his right to counsel during these proceedings, and the appeal was held in the abeyance in the interim.
Now, on the court's own motion, it is
ORDERED that counsel assigned to represent the appellant on the appeal is relieved of the assignment and is directed to turn over all papers in action to new counsel herein assigned.
The appellant's motion for assignment of counsel was granted on December 16, 2003, and the following named attorney was assigned to prosecute the appeal:
Michael Hueston, Esq.
26 Court Street - #600
Brooklyn, New York 11242
(718) 624-0111
and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as new counsel to represent the appellant on the appeal:
Gabriella F. Richman, Esq.
217-69 Peck Avenue
Hollis Hills, New York 11427
(718) 479-6173
and it is further,
ORDERED that the assigned counsel shall comply 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.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28064
S/nl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-04220 In the Matter of Diamond K. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 1) (Docket No. NA-7310/02) In the Matter of Doneisha H. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 2) (Docket No. NA-7311/02) In the Matter of Deemeaka H. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 3) (Docket NA-7312/02) In the Matter of Deeseree J. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 4) (Docket NA-7313/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated April 6, 2005, as a poor person, for the assignment of counsel, 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 branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are 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 is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcriptions 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:
Anthony Augustus, Esq.
89-31 161st Street - Suite 502
Jamaica, New York 11432
(718) 558-4193
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 the branch of the motion which is for a preference is denied as unnecessary (see CPLR 5521); 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
M28040
R/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2005-06630 In the Matter of Dorothy Klein, et al., appellants, v Robert L. Garfinkle, etc., et al., respondents.
(Index No. 21787/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, in effect, to set an expedited briefing schedule on an appeal from a final order of the Supreme Court, Suffolk County, dated June 29, 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, in effect, to set an expedited briefing schedule is granted, and the appellants shall perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the clerk of this court (see 22 NYCRR 670.9[d][2]), and by serving and filing their brief on the appeal on or before August 22, 2005, the respondents' brief must be served and filed on or before September 12, 2005, and the reply brief, if any, must be served and filed on or before September 19, 2005; 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
M28126
S/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-01487 In the Matter of Jose Rivera, appellant, v Glenn S. Goord, et al., respondents. (Index No. 5167/04)
|
Appeal by Jose Rivera from an order of the Supreme Court, Dutchess County, dated January 20, 2005.
Now, on the court's own motion, it is
ORDERED that the respondents' time to serve and file a brief is enlarged until August 25, 2005.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28074
S/cf
ANITA R. FLORIO, J.P.
HOWARD MILLER
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-04906
In the Matter of Fitz-Verity Silvera, et al., petitioners, v Town of Amenia Zoning Board of Appeals, et al., respondents. (Index No. 18566/04)
| DECISION & ORDER ON MOTION |
Motion by the petitioners in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, dated May 6, 2005, inter alia, to enjoin the respondent William J. Yeno, a/k/a William J. Yeno IV from commencing construction on the subject property pending hearing and determination of the proceeding.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., H. MILLER, COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28096
S/mv
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-05092
In the Matter of 259 Broadway Realty Corp., appellant, v Incorporated Village of Amityville, respondent. (Index No. 02-18027)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated January 25, 2005, on the ground that the appeal was not timely taken.
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
M28032
F/
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2000-11254 The People, etc., respondent, v William Ballard, appellant. (S.C.I. No. 00-00817)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered November 8, 2000.
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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
SCHMIDT, J.P., SANTUCCI, KRAUSMAN, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28030
F/
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2000-11248 The People, etc., respondent, v Dameon Bell, appellant. (S.C.I. No. 95-01162)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered November 8, 2000.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
SCHMIDT, J.P., SANTUCCI, KRAUSMAN, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M27379
F/
SONDRA MILLER, J.
|
2005-04234 The People, etc., plaintiff, v Michael Brown, defendant. (Ind. No. 15540/95)
| 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 11, 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.
SONDRA MILLER
Associate Justice
Appellate Division: Second Judicial Department
M28029
F/
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2002-00669 The People, etc., respondent, v Marcell Bullock, appellant. (S.C.I. No. 01-00952)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered November 15, 2001.
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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
SCHMIDT, J.P., SANTUCCI, KRAUSMAN, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28033
F/
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2001-11172 The People, etc., respondent, v James Caballero, appellant. (S.C.I. No. 01-00686)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered November 28, 2001.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
SCHMIDT, J.P., SANTUCCI, KRAUSMAN, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M27382
F/
SONDRA MILLER, J.
|
2005-05308 The People, etc., plaintiff, v Scott Chronis, defendant. (Ind. No. 66-92)
| 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, Suffolk County, dated May 9, 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.
SONDRA MILLER
Associate Justice
Appellate Division: Second Judicial Department
M28034
F/
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2001-11162 The People, etc., respondent, v Robert Day, appellant. (Ind. No. 00-01633)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered November 29, 2001.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
SCHMIDT, J.P., SANTUCCI, KRAUSMAN, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28035
F/
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2000-11245 The People, etc., respondent, v Dewan Gully, appellant. (Ind. No. 99-01512)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered November 9, 2000.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
SCHMIDT, J.P., SANTUCCI, KRAUSMAN, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28036
F/
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2005-06361 The People, etc., respondent, v Thomas Haywood, appellant. (Ind. No. 99-01166)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered November 14, 2000.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
SCHMIDT, J.P., SANTUCCI, KRAUSMAN, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28023
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-00891 The People, etc., respondent, v Monie Jackson, appellant.
(Ind. No. 2724/98)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered September 30, 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 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:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
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:
99 A 1122
Sing Sing Corr. Fac.
354 Hunter St.
Ossining, New York 10562
Appellate Division: Second Judicial Department
M28092
S/mv
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2002-08782
The People, etc., respondent, v Elena Kiejliches, appellant. (Ind. No. 151/00)
| DECISION & ORDER ON MOTION |
Motions by the appellant pro se on an appeal from a judgment of the Supreme Court, Richmond County, rendered September 24, 2002, (1) to strike the brief filed by assigned counsel, and (2) to relieve assigned counsel and assign new counsel.
Upon the papers filed in support of the motions and the papers filed in opposition or relation thereto, it is
ORDERED that the motions are denied; and it is further,
ORDERED that on the court's own motion, the appellant is granted leave to serve and file a supplemental brief; 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:
02-G-1032
Bedford Hills Correctional Facility
Box 1000
Bedford Hills, N.Y. 10507
Appellate Division: Second Judicial Department
M28038
F/
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2001-10268, 2001-10269 The People, etc., respondent, v Michael Kuney, appellant. (Ind. Nos.00-01290, 01-00140)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned appeals from two judgments of the County Court, Westchester County, both rendered October 26, 2001.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeals are dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
SCHMIDT, J.P., SANTUCCI, KRAUSMAN, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27702
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2002-08508
The People, etc., respondent, v Louis Marin, appellant. (Ind. No. 3720/88)
| DECISION & ORDER ON MOTION |
Motion by Lynn W. L. Fahey, Esq., counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered September 10, 2002, inter alia, in effect, to be relieved of the assignment on the ground that the appellant has abandoned the appeal to prosecute that appeal.
On the court's own motion, it is
ORDERED that the appellant show cause before this court why an order should or should not be entered dismissing the appeal on the ground that he has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before August 24, 2005; and it is further,
ORDERED that the motion by assigned counsel, inter alia, in effect, to be relieved 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, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28088
S/mv
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-03258
The People, etc., respondent, v Arrieus Palmer, appellant.
(Ind. No. 891/03)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered March 25, 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 supplemental pro se brief shall be served and filed on or before September 12, 2005; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28071
S/cf
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-05457
The People, etc., respondent, v Leroy Peoples, appellant.
(Ind. No. 2103/03)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment |
Motion by the defendant, in effect, pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered January 27, 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 or relation thereto, it is
ORDERED that the branch of the motion which is, in effect, pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M27378
F/
SONDRA MILLER, J.
|
2005-04039 The People, etc., plaintiff, v Jose Quinones, defendant. (Ind. No. 218/01)
| 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, Queens 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.
SONDRA MILLER
Associate Justice
Appellate Division: Second Judicial Department
M28056
S/cf
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2003-04949
The People, etc., respondent, v Oscar Rios, appellant. (Ind. No. 385/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file exhibits to his supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 22, 2003.
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 FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28028
F/
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2003-10828 The People, etc., respondent, v Vi Tang, appellant. (Ind. No. 752/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an
appeal from a judgment of the Supreme Court, Queens County, rendered December 2, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., SANTUCCI, KRAUSMAN, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court