Appellate Division: Second Judicial Department
M28218
R/nal
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-03138 Bank of New York, etc., respondent, v Sotirios J. Lagakos, et al., appellants. (Index No. 2713/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Orange County, dated February 24, 2005, inter alia, to stay their eviction from the subject premises, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28201
CF/
|
2005-05589 Michelle Bonna, plaintiff-appellant, v Ivan Holding Corp., defendant-appellant, Abur TMH Kabir, et al., respondents. (Index No. 34422/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeals from an order of the Supreme Court, Kings County, dated April 27, 2005.
Upon the stipulation of the parties, dated July 18, 2005, it is
ORDERED that the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28254
S/nal
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-06844
Karen Cordoves, respondent, v Edward Cordoves, appellant. (Index No. 2000/95)
| ORDER TO SHOW CAUSE |
Appeal by Edeard Cordoves from a judgment of the Supreme Court, Suffolk County, dated June 7, 2005.
Now, on the court's own motion, it is
ORDERED that the parties are directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that Edward Cordoves is not aggrieved by a judgment entered upon the parties stipulation (see CPLR 5511), by each filing an affidavit or affirmation on that issue with the office of the Clerk of this court on or before August 19, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the attorney's for the parties.
SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28202
CF/
|
2005-03435 Sandra Crooks, plaintiff-respondent, v Chappaqua Central School District, et al., defendants-respondents, Andron Construction Corp., appellant. (Index No. 6713/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 24, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28234
O/nal
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2002-07365
Steven Danko, et al., respondents-appellants, v Cortlandt Colonial Restaurant, Inc., et al., defendants third-party plaintiffs appellants-respondents, Desa International, et al., respondents; Peter Busatti, Jr., third-party defendant-respondent; et al., third-party defendant. (Appeal No. 1) 2003-00074 Steven Danko, et al., plaintiffs-respondents, v Cortlandt Colonial Restaurant, Inc., et al., defendants-respondents, Continental Midland, Inc., et al., appellants (and a third-party action). (Appeal No. 2) (Index No. 16981/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants in Appeal No. 2 to stay the trial in the above-entitled action pending hearing and determination of an appeal and a cross appeal from an order of the Supreme Court, Westchester County, dated June 24, 2002 (Appellate Division Docket No. 2002-07365), and an appeal from an order of the same court also dated June 24, 2002 (Appellate Division Docket No. 2003-00074).
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., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28246
S/nal
|
2004-09672
Keith Darbonne, appellant, v Alex Goldberger, et al., respondents. (Index No. 5976/03)
| ORDER ON APPLICATION |
Application by the respondents Fidelity National Title Insurance Company of New York and Ellner & Ellner 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 September 13, 2004.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until September 28, 2005, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28204
CF/
|
2005-04614 Eastman Kodak Company, respondent, v BNW Distribution, Inc., et al., defendants, Norman Schmutter, appellant. (Index No. 14236/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 3, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28233
C/nal
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-06278
Harborside Mini Storage, Inc., et al., plaintiffs, v New York City Economic Development Corporation, et al., defendants. (Index No. 057010/04)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs, inter alia, in effect, for leave to appeal to this court from an order of the Supreme Court, Kings County, dated June 30, 2005, and to enjoin the defendants from terminating the parties' lease, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28273
R/nal
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-05480
Household Finance Realty Corporation of New York, etc., respondent, v Franshone Winn, et al., appellants, et al., defendants.
(Index No. 28004/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, to stay enforcement of an order of the Supreme Court, Suffolk County, dated May 17, 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.
COZIER, J.P., SANTUCCI, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28226
R/nal
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-06693
Frank Itri, plaintiff, v Petra Itri, defendant.
(Index No. 50465/05)
| DECISION & ORDER ON MOTION |
Motion by the defendant, inter alia, for leave to appeal to this court from an order of the Supreme Court, Richmond County, dated July 14, 2005, and to enjoin and restrain the parties from selling, transferring, encumbering, alienating, assigning, or otherwise disposing of any and all of their properties in which either plaintiff or the defendant may have an interest, including the marital residence.
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 motion is otherwise denied as academic.
SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28269
R/nal
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-06800
Delia Johnson, respondent, v Myriam Aoussou, et al., defendants, Walter Hallett, appellant. (Index No. 25485/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, in effect, to stay enforcement of an order of the Supreme Court, Kings County, dated June 8, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., SANTUCCI, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28244
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-08325, 2004-11285
Linda Kornblum, respondent, v Michael Kornblum, appellant. (Index No. 19104/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw appeals from an order and judgment (one paper) of the Supreme Court, Westchester County, dated September 21, 2004, and an order of the same court dated December 8, 2004, respectively.
Upon the stipulation of the attorneys for the respective parties, dated July 18, 2005, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28205
CF/
|
2005-02211 Lakeside Colony Condominium I, et al., respondents, v C.R. Wallauer & Co., Inc., appellant. (Index No. 20289/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, entered February 4, 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
M28262
J/nal
|
2005-01496
Sondra Lowery, respondent-appellant, v Henry LaMaute, appellant-respondent. (Index No. 7496/01)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated December 21, 2004.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until October 6, 2005, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file her answering brief, including her 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
M28239
C/nal
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-05753
Louis Montesano, plaintiff, v Robert Reid, defendant. (Index No. 00780/04)
| DECISION & ORDER ON MOTION Motion for leave to Appeal to Appellate Division |
Motion by the plaintiff for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, 2nd and 11th Judicial Districts, dated March 3, 2005, which affirmed an order of the Civil Court, Queens County, entered February 18, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28261
J/nal
|
2005-00359
Ramona Morales, et al., appellants, v Dionne Riley, respondent.
(Index No. 3031/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on an appeal from a judgment of the Supreme Court, Suffolk County, entered December 23, 2004.
ORDERED that the application is granted and the reply brief which was submitted to the Clerk of the court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28259
C/nal
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-04127
NYCTL 1998-1 Trust, et al., plaintiffs, v Outram Development Corp., appellant; Jeanne Edmunson, nonparty-respondent. (Index No. 40199/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated March 29, 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.
COZIER, J.P., SANTUCCI, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28255
J/nal
|
2004-10315
New York Ave. Car Wash, LLC, respondent, v Aqua Car Wash & Detailing, Inc., et al., appellants. (Index No. 19309/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated October 1, 2004.
ORDERED that the application is granted and the respondent's time to file a brief is enlarged until August 5, 2005, and the respondent's brief must be filed on or before that date; and it is further,
ORDERED that the appellants' reply brief, if any, shall be served and filed on or before August 15, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28235
R/nal
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-00822
The People of the State of New York, respondent, v Alberto Brooksvasquez, appellant.
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the County Court, Suffolk County, dated January 8, 2004, on the ground, inter alia, that the appellant has no interest in pursuing the appeal and did not appear at the risk level hearing.
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 without prejudice to the respondent raising these issues in its brief.
SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28165
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-04756, 2005-05333 The People of the State of New York, respondent, v Philip Quinitchette, appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute appeals from two determinations of the Supreme Court, Suffolk County, both dated May 5, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Suffolk County, continues on the appeals; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are 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
M28256
O/nal
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-06880
R. J. Alan Company, Inc., respondent, v Nicholas Fusco, et al., appellants, et al., defendants. (Index No. 4355/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the foreclosure sale in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered June 23, 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.
COZIER, J.P., SANTUCCI, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28257
S/nal
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
FRED T. SANTUCCI
PETER B. SKELOS, JJ.
|
2005-04979 Rockhill Development Corp., respondent, v CDIAX Montauk Realty, Inc., et al., appellants. (Index No. 7465/03)
| DECISION & ORDER ON APPLICATION |
Application by the appellants on an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated March 11, 2005, in effect, to amend so much of a decision and order on motion of this court dated June 21, 2005, as conditioned a stay upon their perfection of the appeal on or before July 21, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted; and it is further,
ORDERED that the decision and order on motion of this court dated June 21, 2005, is amended by deleting from the decretal paragraphs thereof the date "July 21, 2005," and substituting therefor the date "August 24, 2005".
SCHMIDT, J.P., S. MILLER, SANTUCCI and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28236
R/nal
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-03226
Sang Hyun Ban, appellant, v Sunjin Shipping USA, Inc., et al., respondents. (Index No. 18176/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Queens County, dated February 25, 2005.
Upon the papers submitted in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28268
R/nal
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-06553
Kenneth Schuck, respondent, v 901 Broadway, LLC, appellant.
(Index No. 23171/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 18, 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.
COZIER, J.P., SANTUCCI, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28242
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-03619 Christine Svenningsen, appellant, v Edford Construction, Inc., et al., respondents. (Index No.14142/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 5, 2004.
Upon the stipulation of the attorneys for the respective parties, dated July 12, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENIT, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28209
CF/
|
2005-04093 TPZ Corporation, appellant, v Stonecrest Associates, Inc., et al., defendants, Carmine Ragucci, et al., respondents. (Index No. 12299/04)
| 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 March 23, 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
M28207
CF/
|
2005-04326 Nickholas Vitale, appellant, v Osman Nikezi, et al., respondents. (Index No. 41770/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Kings County, entered March 4, 2005.
Upon the stipulation of the parties, dated July 19, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28211
CF/
|
2005-04446, 2005-04450
In the Matter of Nessa B. (Anonymous). Little Flower Children's Services, et al., petitioners-respondents; Shahida A. (Anonymous), respondent; Mojubur R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Mustafizur R. (Anonymous). Little Flower Children's Services, et al., petitioners-respondents; Shahida A. (Anonymous), respondent; Mojubur R. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Fatima A. (Anonymous). Little Flower Children's Services, et al., petitioners-respondents; Shahida A. (Anonymous), respondent; Mojubur R. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-4375-00, N-4376-00, N-4377-00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Family Court, Queens County, dated January 24, 2005, and January 25, 2005, respectively.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28277
R/nal
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-06772
In the Matter of Tisha C. Burton, petitioner, v Vincent Lezama, Jr., respondent.
(Docket Nos. V-36801-04, V-37993-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this court from an order of the Family Court, Kings County, dated July 12, 2005, and to enjoin the respondent from having any contact with the subject child 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 respondent from having any contact with the subject child, is denied as academic.
COZIER, J.P., SANTUCCI, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28108
M/nal
|
2005-03174 In the Matter of Evan F. (Anonymous). Orange County Department of Social Services, respondent; George F. (Anonymous), appellant. (Docket No. N-5416-04)
| SCHEDULING ORDER |
Appeal by George F. from an order of the Family Court, Orange County, dated February 22, 2005. By decision and order on motion of this court dated July 19, 2005, the following attorney was assigned as counsel on the appeal:
Warren S. Hecht, Esq.
118-21 Queens Blvd.
Forest Hills, New York 11375
(718) 575-8721
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 20 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated July 19, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 20 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact her at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M28110
M/nal
|
2004-10351 In the Matter of Soraya Farnam, respondent, v Albert Afrahim, appellant. (Docket No. O-10811-04)
| SCHEDULING ORDER |
Appeal by Albert Afrahim from an order of the Family Court, Queens County, dated November 17, 2004. The appellant's brief was filed in the office of the Clerk of this court on May 16, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until August 1, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28106
M/nal
|
2004-10837 In the Matter of Philip Hanfling, respondent, v Cheryl Hanfling, appellant. (Docket No. V-18391-02)
| SCHEDULING ORDER |
Appeal by Cheryl Hanfling from an order of the Family Court, Nassau County, dated November 19, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 20, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M28111
M/nal
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2004-07963 In the Matter of Deborah Linksman, respondent, v Charles Linksman, appellant. (Docket No. F-5595/03)
| SCHEDULING ORDER |
Appeal by Charles Linksman from an order of the Family Court, Suffolk County, dated August 18, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 6, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until August 3, 2005; 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
M28216
F/
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-03638, 2005-03639
In the Matter of William M. (Anonymous). Westchester County Department of Social Services, respondent; Lisa M. (Anonymous), a/k/a Lisa C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Ella M. (Anonymous). Westchester County Department of Social Services, respondent; Lisa M. (Anonymous), a/k/a Lisa C. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Hunter M. (Anonymous). Westchester County Department of Social Services, respondent; Lisa M. (Anonymous), a/k/a Lisa C. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-15568-03, N-10951-04, N-10952-04, NA-11453-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motions by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Westchester County, both dated March 14, 2005, as a poor person, and for the assignment of counsel.
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 motions are granted; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, 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 appeals:
Neal D. Futerfas, Esq.
50 Main Street
Westchester Financial Center
White Plains, New York 10606
(914) 682-2171
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28109
M/nal
|
2005-01083 In the Matter of Leslie McIver-Heyward, respondent, v Richard Heyward, appellant. (Docket Nos. V-3639-03, V-3804-03)
| SCHEDULING ORDER |
Appeal by Richard Heyward from an order of the Family Court, Rockland County, dated December 29, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 14, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until August 12, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28107
M/nal
|
2005-03402 In the Matter of Rohan McM. (Anonymous), appellant. (Docket No. D-3825/04)
| SCHEDULING ORDER |
Appeal by Rohan McM. from an order of the Family Court, Queens County, dated January 10, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until August 11, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28219
F/
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-03390
In the Matter of Salvatore Morocco, appellant, v Tara Caporicci, respondent.
(Docket No. V-1289-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an amended order of the Family Court, Suffolk County, dated March 16, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Stanley E.Gelzins, Esq.
83 Pleasant Street
Huntington, New York 11743
(631) 271-0598
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28099
M/nal
|
2005-06753 In the Matter of Denise N. (Anonymous). Administration for Children's Services, petitioner-respondent; Tyechea N. (Anonymous), respondent-respondent; New York City Housing Authority, nonparty-appellant. (Proceeding No. 1) In the Matter of Daniel N. (Anonymous). Administration for Children's Services, petitioner-respondent; Tyechea N. (Anonymous), respondent-respondent; New York City Housing Authority, nonparty-appellant. (Proceeding No. 2) In the Matter of Sharnet N. (Anonymous). Administration for Children's Services, petitioner-respondent; Tyechea N. (Anonymous), respondent-respondent; New York City Housing Authority, nonparty-appellant. (Proceeding No. 3) In the Matter of Quintanazi N. (Anonymous). Administration for Children's Services, petitioner-respondent; Tyechea N. (Anonymous), respondent-respondent; New York City Housing Authority, nonparty-appellant. (Proceeding No. 4) (Docket Nos. N-00121-05, N-00122-05, N-00123-05, N-00124-05)
| SCHEDULING ORDER |
Appeal by New York City Housing Authority from an order of the Family Court, Kings County, dated May 31, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M28220
F/
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-05854, 2005-05857, 2005-05858
In the Matter of Dominique R. (Anonymous), appellant. (Docket No. E-19416-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute appeals from three orders of the Family Court, Kings County, dated August 25, 2004, March 24, 2005, and May 9, 2005, respectively, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the Law Guardian, Philip Skittone, Esq., 26 Court Street, Suite 1406, Brooklyn, New York 11242, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:
Pauline E. Braun, Esq.
43 Edgewood Road
P.O. Box 9
Valley Stream, New York 11582-0009
(516) 872-4080
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28231
R/nal
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-03895
In the Matter of Cheri Roberts, respondent, v Terry Gray, Sr., appellant.
(Docket Nos. V-03914-99, V-03915-99, V-03916-99)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Richmond County, dated April 21, 2005, and to grant the appellant leave to prosecute the appeal as a poor person.
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 to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order on motion upon the appellant on or before August 8, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before August 29, 2005, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27892
M/nal
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2004-07488 In the Matter of Keisha Rust, appellant, v Michael Dossantos, respondent. (Docket Nos. V-07367-03, V-07368-03, V-07399-03, V-07400-03)
| SCHEDULING ORDER |
Appeal by Keisha Rust from an order of the Family Court, Westchester County, dated July 21, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until August 5, 2005; 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
M28104
M/nal
|
2004-10399 In the Matter of Antonio Vega, respondent, v Rosaicela Mora Diaz, appellant. (Proceeding No. 1) In the Matter of Rosaicela Mora Diaz, appellant, v Antonio Vega, respondent. (Proceeding No. 2) (Docket Nos. V-433-03, V-434-03)
| SCHEDULING ORDER |
Appeal by Rosaicela Mora Diaz from an order of the Family Court, Rockland County, dated October 28, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 21, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M28105
M/nal
|
2004-04646 In the Matter of Brandon W. (Anonymous), appellant. (Docket No. E-05973/03)
| SCHEDULING ORDER |
Appeal by Brandon W. from an order of the Family Court, Orange County, dated April 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 21, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M28227
F/
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-04396
In the Matter of Eric W. (Anonymous), appellant. (Docket No. D-11522-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated April 21, 2005, as a poor person, for the assignment of counsel, and for a preference in calendaring 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 appeal as a poor person and for the assignment of counsel are granted; and it is further,
ORDERED that the Law Guardian, Steven Greenfield, Esq., P.O. Box 220429, Great Neck, New York 11022, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:
Gabriella F. Richman, Esq.
217-69 Peck Avenue
Hollis Hills, New York 11427
(718) 479-6173
and it is further,
ORDERED that the branch of the motion which is for a preference in calendaring the appeal is denied as unnecessary (see, CPLR 5521[b]), and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28217
F/
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-04084
In the Matter of Shiwanna Whitley, appellant, v Darnell Whitley, Sr., respondent.
(Docket Nos. V-15014-04, V-15015-04, V-15016-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated March 28, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Helene M. Greenberg, Esq.
45 Knollwood Road - 5th Floor
Elmsford, New York 10523
(914) 347-1250
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27824
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-05289
The People, etc., respondent, v Justin Brown, appellant. (Ind. No. 1169/04)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Nassau County, rendered March 25, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion pursuant to CPL 460.30 which is for an extension of time to take an appeal is denied as unnecessary as the appellant filed a timely notice of appeal; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person, and for the assignment of counsel 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 respondents' briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated in or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion or 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:
Kerry Sloane Basset, Esq.
Lewis, Johs, Avallone, Aviles & Kaufman, LLP
425 Broad Hollow Road - Suite 400
Melville, New York 11747
and is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
H. MILLER, J.P., COZIER, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 1783
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M28253
S/nal
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-00264 The People, etc., respondent, v Dimas Lopez, appellant. (Ind. No. 02-00745)
| ORDER TO SHOW CAUSE |
Appeal by the defendant from a judgment of the Supreme Court, Westchester County, rendered December 15, 2003.
Now, 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 made and entered dismissing the appeal on the ground that the appellant is no longer available to obey the mandate of this court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578) by filing an affidavit on that issue in the office of the Clerk of this court on or before August 19, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence, or, if he is imprisoned, at the institution in which he is confined, upon his attorney, and upon the People, by ordinary mail pursuant to CPL 470.60(2).
SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27493
F/
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-04582
The People, etc., respondent, v John Maglione, appellant. (Ind. No. 1864/04)
| 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, Nassau County, rendered April 6, 2005, as a poor person, and for the assignment of counsel, and separate motion by the Legal Aid Society of Nassau County for the same relief.
Upon the papers filed in support of the motions and the papers filed in relation thereto, it is
ORDERED the motions 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 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:
Kent V. Moston, Esq.
Attorney in Charge, Criminal Div.
Legal Aid Society of Nassau County
1 Helen Keller Way
Hempstead, New York 11550
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
SCHMIDT, J.P., ADAMS, MASTRO, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 5101
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M28282
J/nal
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 |
On the court's own motion, it is
ORDERED that its decision and order on motion dated July 25, 2005, in the above-entitled matter is amended by deleting from the preamble thereof the words "to prosecute that appeal".
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28208
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-01738 The People, etc., respondent, v Collin Marshall, appellant. (Ind. No. 2333/03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered February 15, 2005. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on May 20, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto; it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
The Legal Aid Society
199 Water Street - 5th Floor
New York, New York 10038
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy if the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.), and written directions.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 R 1016
Ulster Corr. Fac.
Berme Rd. - P.O. Box 800
Napanoch, New York 12458
Appellate Division: Second Judicial Department
M28200
F/
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-03278
The People, etc., respondent, v Hasker McLeod, appellant. (Ind. No. 1228/04)
| 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 Supreme Court, Queens County, rendered March 28, 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:
The Legal Aid Society
199 Water Street
New York, New York 10038
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
SCHMIDT, J.P., ADAMS, MASTRO, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 1766
Upstate Corr. Fac.
P.O. Box 2000
Barehill Road
Malone, New York 12953
Appellate Division: Second Judicial Department
M28206
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-00900 The People, etc., respondent, v Cecilio Wellington, appellant. (Ind. No. 2220/03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered December 15, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on April 26, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto; it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
The Legal Aid Society
199 Water Street - 5th Floor
New York, New York 10038
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy if the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.), and written directions.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 R 5201
Ogdensburg Corr. Fac.
One Correction Way
Ogdensburg, New York 13669
Appellate Division: Second Judicial Department
M28241
C/nal
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-06255
The People, etc., ex rel. Michael Donnel Wesley, petitioner, v Warden, etc., respondent.
| DECISION & ORDER ON MOTION |
Application by the petitioner for a writ of habeas corpus and for poor person relief.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and that branch of the application is otherwise denied as academic; and it is further,
ORDERED that the branch of the application which is for a writ of habeas corpus is denied and the petition is dismissed, without costs or disbursements.
SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court