07-29-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR JULY 29, 2005

TITLE	Case Number
A.F.C. Enterprises, Inc. v City of New York S	2004-08271
Andrews v Motor Lease Corp.	2004-08519
Bolyachevsky v New York City Transit Authorit	2005-01071
Brinkmann v Adrian Carriers, Inc.	2005-01628 +1
Cavota v Perini Corporation	2004-10123
Chase Manhattan Bank v Mercado	2005-01517
DeOliveira v Mount Vernon School District	2005-00957
Diaz v McGrath	2005-05410
Geraffo v Geraffo	2005-04067
James v Greenpoint Financial Corp.	2005-01036
Lang v Westfield Corporation, Inc.	2004-10317
Levine v Levine	2005-06004
Oko v Walsh	2005-01177
Parker v Hempstead Union Free School District	2005-00757
Parr v Ronkonkoma Realty Venture I, LP.	2005-03972
Perez, a/k/a Ponce v Baranello Organization, Inc.	2005-04962
Rainbow Hill Homeowners Association, Inc. v G	2005-06711
Shapiro v Kurtzman	2005-02876
Shoemaker v Cobble Heights Realty Inc.	2004-08404
Speights v Nedd	2005-02315
Stiglich v Albany Medical Center Hospital	2005-03932
Tarleton v Houlihan/Lawrence, Inc.	2005-00455
Tasgal v HSBC Bank, USA	2005-04787
Torres v Mayo	2005-06686
Tower Insurance Company v Allstate Insurance	2005-07017
Zafran v Zafran	2004-06560
Mtr of Andrews v Andrews	2004-06746
Mtr of B. (Anonymous), Cantina; Administratio	2005-04427
Mtr of Gainza v Gainza	2005-02289
Mtr of H. (Anonymous), Brian; Administration	2005-00880
Mtr of Laboy v Melendez	2004-10993
Mtr of M. (Anonymous), Juliane; Matthew; Admi	2005-00863
Mtr of Nilsen v Slowey	2004-08898
Mtr of P. (Anonymous), Caleb; Dylan; Misty; M	2004-06254 +1
Mtr of Pedone v Corpes	2004-07856 +1
Mtr of Y. (Anonymous), Er-Mei; Administration	2005-01172
Peo v Augustin, Yves a/k/a Augustine, Yves	2005-05868
Peo v Binet, Erlyn	2005-05869
Peo v Brewer, Ricky	2004-06205
Peo v Calhoun, Charles Thomas	2004-11244
Peo v De Los Santos, Confesor	2005-03159
Peo v Jackson, Donnell	2005-05632
Peo v James, Sheila	2005-06346
Peo v Knudsen, Diane	2004-11202
Peo v Martinez, Carlos	2005-05856
Peo v Meyers, Antwaun, a/k/a Myers, Antwaun	2005-03409
Peo v Oden, Randy	2005-05689
Peo v Olivo, Louis	2005-04872
Peo v Patterson, Kevin	2005-03379
Peo v Powell, Sean	2004-09859
Peo v Reyes, Robert	2005-05920
Peo v Rivera, Victor	2003-09009
Peo v Rowlett, Gerald	2005-05917
Peo v Valentin, Jose	2004-00948
Peo v Willard, Christopher	2005-05016
Peo v Willard, Christopher	2005-05633
Peo v Wilson, Jetson	2005-05637

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Appellate Division: Second Judicial Department

M28314

Y/nl

BARRY A. COZIER, J.P.

FRED T. SANTUCCI

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-08271
A.F.C. Enterprises, Inc., respondent,
v City of New York School Construction
Authority (Maxwell High School), appellant.
(Index No. 15956/96)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated August 27, 2004.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted and the appellant's time to perfect the appeal is enlarged until August 29, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

COZIER, J.P., SANTUCCI, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M28347

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-08519

Lillie J. Andrews, appellant,
v Motor Leasing Corp., et al., respondents.

(Index No. 14056/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 23, 2004.

Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M28304

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2005-01071
Yury Bolyachevsky, et al., respondents,
v New York City Transit Authority, et al.,
appellants.
(Index No. 25254/02)

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 July 14, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 22, 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

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Appellate Division: Second Judicial Department

M28276

Y/nl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-01628, 2005-06019
Gernot Brinkmann, et al., appellants,
v Adrian Carriers, Inc.,et al., respondents.
(Index No. 6935/04)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, dated January 13, 2005, and May 25, 2005, respectively.

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 appellant's time to perfect the appeal from the order dated January 13, 2005, is enlarged until August 30, 2005; and it is further,

ORDERED that the motion is granted and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeals are perfected on or before August 30, 2005; and it is further,

ORDERED that in the event the appeals are not perfected on or before August 30, 2005 , the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

July 29, 2005

BRINKMANN v ADRIAN CARRIERS, INC.

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Appellate Division: Second Judicial Department

M28333

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2004-10123

Michael Cavota, appellant,
v Perini Corporation, et al., respondents.
(Index No. 10797/00)

ORDER ON APPLICATION

Application by the respondent Keystone Construction pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated September 7, 2004, and separate application by the appellant to enlarge the time to serve and file a reply brief.

ORDERED that the applications are granted and the respondents' time to serve and file their respective briefs is enlarged until August 16, 2005, and the respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the reply brief shall be served and filed on or before September 6, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M28293

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2005-01517
Chase Manhattan Bank, respondent,
v Jenny J. Mercado, appellant, et al., defendant.

(Index No. 7744/02)

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, Suffolk County, dated January 5, 2005.

ORDERED that the application is granted and 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 670.9[d][2]), and by serving and filing her brief on the appeal is enlarged until October 11, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M28299

S/nl

2005-00957
Fabiano D. DeOliveira, plaintiff-appellant,
v Mount Vernon School District, defendant-appellant;
Ton-Mar Realty Corp., respondent, et al., defendant.
(Index No. 10074/03)

ORDER ON APPLICATION

Applications by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Westchester County, dated December 22, 2004.

ORDERED that the applications are granted and the appellants' time to perfect the appeals is enlarged until September 26, 2005, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M28290

J/nl

2005-05410
Henry Diaz, plaintiff-respondent,
v Dennis McGrath, et al., defendants-respondents,
Hertz Corporation, et al., appellants.
(Index No. 29378/03)

ORDER ON APPLICATION

Application by defendant-respondent Chivonne Arline 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, Kings County, dated January 27, 2005.

ORDERED that the application is granted and the time of defendant-respondent Chivonne Arline to serve and file a brief is enlarged until August 18, 2005, and that respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M28265

CF/

2005-04067
Meghan Geraffo, appellant, v
Darrin Geraffo, respondent.
(Index No. 200102/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 15, 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

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Appellate Division: Second Judicial Department

M28286

J/nl

2005-01036
Richard James, etc., et al., plaintiffs-respondents,
v Greenpoint Financial Corp., et al., defendants-
respondents, OCI Mortgage Corporation, respondent-
appellant, H.P. Greenfield Real Estate Ltd., s/h/a
Century 21 HP Greenfield Real Estate, appellant-respondent.
(Index No. 52609/02)

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 an order of the Supreme Court, Kings County, dated December 2, 2004.

ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until September 23, 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 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

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Appellate Division: Second Judicial Department

M28348

J/nal

2004-10317

George Lang, et al., plaintiffs-respondents,
v Westfield Mortgage Corporation, Inc., et al.,
defendants third-party plaintiffs-respondents;
Hill & Bowles, Inc., third-party defendant-appellant.
(Index No. 24106/00)

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 Supreme Court, Suffolk County, dated August 30, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before August 1, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M28325

S/nl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

WILLIAM F. MASTRO, JJ.

2005-06004
Julie Levine, plaintiff,
v Robert Levine, defendant.
(Index No. 9938/99)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated July 14, 2005, in the above-entitled matter is amended by deleting from the preamble thereof the word "defendant", and substituting therefor the word "plaintiff".

H. MILLER, J.P., SCHMIDT, ADAMS and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M28338

S/nal

2005-01177

Jerry Oko, et al., respondents,
v Robert T. Walsh, et al., defendants,
Sourthern Star Mortgage Corp., appellant.

(Index No. 565504)

ORDER ON APPLICATION

ORDERED that the application is granted and the reply brief shall be served and filed on or before August 11, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M28315

CF/

2005-00757
David Parker, etc., et al., respondents, v
Hempstead Union Free School District,
appellant.
(Index No. 5130/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 23, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M28296

J/nl

2005-03972
Ronald Parr, appellant-respondent,
v Ronkonkoma Realty Venture I, LP, et al.,
respondents-appellants.

(Index No. 11041/02)

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 and cross appeal from an order of the Supreme Court, Suffolk County, dated April 8, 2005.

ORDERED that the application is granted and the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before August 16, 2005 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M28264

CF/

2005-04962
Jesus Perez, a/k/a Jesus Ponce, respondent,
v Baranello Organization, Inc., et al.,
appellants.
(Index No. 6698/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant St. Joseph's College, a/k/a St. Joseph's College of New York to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 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 by St. Joseph's College, a/k/a St. Joseph's College of New York is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28252

C/nl

BARRY A. COZIER, J.P.

FRED T. SANTUCCI

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-06711
Rainbow Hill Homeowners Association,
Inc., v Gigante, Inc., d/b/a Celebration for
Kids, appellant.
(Index No. 12980/04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this court from an order of the Supreme Court, Richmond County, dated June 28, 2005, and to stay enforcement of the order pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that enforcement of the order dated June 28, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 29, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 29, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

COZIER, J.P., SANTUCCI, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M28316

CF/

2005-02876
Milton B. Shapiro, appellant, v Deborah
Shapiro Kurtzman, respondent, et al., defendants.
(Index No. 7875/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated December 6, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28349

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-08404

Thomas Shoemaker, respondent,
v Cobble Heights Realty, Inc., appellant.
(Index No. 47978/02)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 11, 2004.

Upon the stipulation of the attorneys for the respective parties, dated May 17, 2005, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M28266

CF/

2005-02315
Tina Speights, respondent, v David
Nedd, et al., defendants, Alvino
Simeon, appellant.
(Index No. 50687/01)

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 February 1, 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

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Appellate Division: Second Judicial Department

M28263

CF/

2005-03932
Margaret Stiglich, respondent,
v Albany Medical Center Hospital, et al., appellants.
(Index No. 11670/99)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 21, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M28303

J/nl

2005-00455
Virginia Tarleton, respondent,
v Houlihan/Lawrence, Inc., appellant.
(Index No. 638/03)

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, Putnam County, dated December 17, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 16, 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

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Appellate Division: Second Judicial Department

M28267

CF/

2005-04787
Alana Tasgal, respondent, v HSBC Bank,
USA, et al., appellants.
(Index No. 4658/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants HSBC Bank, USA, and Guy C. Mascioli to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 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 by HSBC Bank, USA, and Guy C. Mascioli is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28281

Y/nl

BARRY A. COZIER, J.P.

FRED T. SANTUCCI

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-06686
Joseph Torres, etc., et al., appellants,
v Rickey Mayo, defendant, Donnell Mayo,
respondent.
(Index No. 7800/91)

DECISION & ORDER ON MOTION

Motion by the appellants to enjoin the respondent, his agents, servants, employees, representatives, and all persons acting on his behalf from selling, offering to sell, mortgaging, encumbering, transferring, conveying, or in any other way or manner, dealing in or disposing of the respondent's right, title, and interest, or any part thereof, in real property located at 67 Stuyvesant Street in Brooklyn, pending the hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 16, 2005. Cross motion by the respondent to dismiss the appeal on the ground that it is without merit.

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 granted and the respondent, his agents, servants, employees, representatives, and all persons acting on his behalf are enjoined from selling, offering to sell, mortgaging, encumbering, transferring, conveying, or in any other way or manner, dealing in or disposing of the respondent's right, title, and interest, or any part thereof, in real property located at 67 Stuyvesant Street in Brooklyn, pending the hearing and determination of the appeal on condition that the appeal is perfected on or before August 30, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 30, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the cross motion is denied.

COZIER, J.P., SANTUCCI, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28260

O/nl

BARRY A. COZIER, J.P.

FRED T. SANTUCCI

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-07017
Tower Insurance Company, etc., et al.,
respondents, v Allstate Insurance Company,
appellant.
(Index No. 12817/01)

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, Westchester County, entered July 8, 2005.

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 trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 29, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 29, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

COZIER, J.P., SANTUCCI, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28240

C/nal

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-06560

Michael Zafran, appellant, v
Lisa Zafran, respondent.
(Index No. 026917/98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - April 2005 Calendar", dated May 10, 2005, as dismissed an appeal from an order of the Supreme Court, Nassau County, dated July 15, 2004, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to enlarge the time to perfect the appeal, and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that so much of the decision and order on motion of this court dated May 10, 2005, as dismissed the appeal from the order dated July 15, 2004, is recalled and vacated, and the appeal is reinstated; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until September 16, 2005, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix are waived.

COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M28258

M/nal

2004-06746
In the Matter of Adele Andrews, respondent,
v John Andrews, appellant.
(Docket No. F-5439-02)

SCHEDULING ORDER

Appeal by John Andrews from an order of the Family Court, Kings County, dated July 6, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 4, 2005, and the respondent's brief was served and filed on July 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 appellant's time to serve and file a reply brief on the appeal is enlarged until August 5, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M28237

M/nal

2005-04427
In the Matter of Cantina B. (Anonymous).
Administration for Children's Services, appellant;
Shoshannah M. (Anonymous), respondent; Kerwin
B. (Anonymous), respondent-respondent.
(Docket No. N-36406-04)

SCHEDULING ORDER

Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated April 13, 2005. The appellant's brief was filed in the office of the Clerk of this court on July 15, 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 brief of 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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Appellate Division: Second Judicial Department

M28222

M/nal

2005-02289
In the Matter of Juan Gainza, appellant,
v Lillian C. Gainza, respondent.
(Docket No. V-10129-04)

SCHEDULING ORDER

Appeal by Juan Gainza from an order of the Family Court, Queens County, dated January 11, 2005. 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 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28223

M/nal

2005-00880
In the Matter of Brian H. (Anonymous).
Administration for Children's Services, petitioner-respondent;
Gladys H. (Anonymous), respondent;
Jose V. (Anonymous), appellant.
(Docket No. N-23028-02)

SCHEDULING ORDER

Appeal by Jose V. from an order of the Family Court, Kings County, dated January 18, 2005. 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 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28221

M/nal

2004-10993
In the Matter of Lucila Laboy, respondent,
v Narcisso Melendez, appellant.
(Docket No. O-8392/04)

SCHEDULING ORDER

Appeal by Narcisso Melendez from an order of the Family Court, Kings County, dated October 12, 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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28224

M/nal

2005-00863
In the Matter of Juliane M. (Anonymous).
Administration for Children's Services, petitioner-respondent;
Andrew M. (Anonymous), appellant; et al., respondent.
(Proceeding No. 1)
In the Matter of Matthew M. (Anonymous).
Administration for Children's Services, petitioner-respondent;
Andrew M. (Anonymous), appellant; et al., respondent.
(Proceeding No. 2)
(Docket Nos. N-16712/01, N-16713/01)

SCHEDULING ORDER

Appeal by Andrew M. from an undated order of the Family Court, Queens County issued in 2004. The appellant's brief was filed in the office of the Clerk of this court on May 31, 2005, and the brief of the respondent Administration for Children's Services brief was served and filed on July 1, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent Theresa M. to serve and file a brief on the appeal is enlarged until August 11, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28228

M/nal

2004-08898
In the Matter of Kristen Nilsen, respondent,
v Robert Slowey, appellant.
(Docket No. O-14910-04)

SCHEDULING ORDER

Appeal by Robert Slowey from an order of the Family Court, Suffolk County, dated September 8, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 18, 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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28272

S/nal

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-06254, 2005-01498

In the Matter of Caleb P. (Anonymous).
Orange County Department of Social Services,
et al., respondents; Tabitha P. (Anonymous),
et al., appellants.
(Proceeding No. 1)
In the Matter of Dylan P. (Anonymous).
Orange County Department of Social Services,
et al., respondents; Tabitha P. (Anonymous),
et al., appellants.
(Proceeding No. 2)
In the Matter of Misty P. (Anonymous).
Orange County Department of Social Services,
et al., respondents; Tabitha P. (Anonymous),
et al., appellants.
(Proceeding No. 3)
In the Matter of Molly P. (Anonymous).
Orange County Department of Social Services,
et al., respondents; Tabitha P. (Anonymous),
et al., appellants.
(Proceeding No. 4)
In the Matter of Sean P. (Anonymous).
Orange County Department of Social Services,
et al., respondents; Tabitha P. (Anonymous),
et al., appellants.
(Proceeding No. 5)
In the Matter of Tyler P. (Anonymous).
Orange County Department of Social Services,
et al., respondents; Tabitha P. (Anonymous),
et al., appellants.
(Proceeding No. 6)
(Docket Nos. N-888-04, N-889-04, N-890-04,
N-891-04, N-892-04, N-893-04)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 15, 2004, in the above-entitled matters is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the Law Guardian to be relieved of an assignment to represent the children on appeals from two orders of the Family Court, Orange County, both dated June 1, 2004.

Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is

ORDERED that the motion is granted, and the Law Guardian, Linda Pierson DaSilva, Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York, 10924, 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 children:

Marsha E. Koretsky, Esq.

P.O. Box 943

Goshen, New York 10924

(845) 294-1611

RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28245

M/nal

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

STEVEN W. FISHER, JJ.

2004-07856, 2004-11203
In the Matter of Dana R. Pedone, respondent,
v Marcus Corpes, appellant.
(Docket No. P-00464/95)

SCHEDULING ORDER

Appeals by Marcus Corpes from two orders of the Family Court, Suffolk County, dated July 26, 2004, and November 1, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on May 24, 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 appeals is enlarged until September 6, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28232

M/nal

2005-01172
In the Matter of Er-Mei Y. (Anonymous).
Administration for Children's Services, respondent;
Guo J. Y. (Anonymous), appellant.
(Docket No. N-09952-02)

SCHEDULING ORDER

Appeal by Guo J. Y. from an order of the Family Court, Queens County, dated December 23, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 15, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28297

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-05868

The People, etc., respondent,
v Yves Augustin, a/k/a Yves Augustine, appellant.
(Ind. No. 3350/03)

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 appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered March 18, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in 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

Appellant's address:

05 A 2533

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28294

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-05869

The People, etc., respondent,
v Erlyn Binet, appellant.
(Ind. No. 29/05)

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 May 9, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the 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:

Alan Katz, Esq.

734 Franklin Avenue - Suite 227

Garden City, New York 11530

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.

SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 2713

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28302

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-06205

The People, etc., respondent,
v Ricky Brewer, appellant.
(Ind. No. 03-00927)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Westchester County, rendered June 23, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M27956

STEPHEN G. CRANE, J.

2004-11244
The People, etc., respondent,
v Charles Thomas Calhoun, appellant.

(Ind. No. 8574/86)

DECISION, ORDER AND CERTIFICATE
GRANTING LEAVE TO APPEAL
ON MOTION

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 December 7, 2004, 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 granted; the defendant is granted leave to appeal from the order of the Supreme Court, Kings County, dated December 7, 2004, made in this case; and it is further,

CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,

ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.

STEPHEN G. CRANE

Associate Justice

July 29, 2005

PEOPLE v CALHOUN, CHARLES THOMAS

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28289

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-03159

The People, etc., respondent,
v Confesor De Los Santos, appellant.
(Ind. No. 2605/03)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign Counsel
Appeal from Judgment

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered November 3, 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 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 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:

Gail Patricia Ennis, Esq.

P.O. Box 220088

Great Neck, New York 11021

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

Appellant's address:

04 A 6014

Mohawk Corr. Fac.

Box 8451

Rome, New York 13442

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28306

BARRY A. COZIER, J.P.

FRED T. SANTUCCI

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-05632

The People, etc., respondent,
v Donnell Jackson, appellant.
(Ind. No. 256/04)

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 Supreme Court, Kings County, rendered April 28, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is denied.

COZIER, J.P., SANTUCCI, SPOLZINO, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 2439

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28287

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-06346

The People, etc., respondent,
v Sheila James, appellant.
(Ind. No. 2117/04)

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 June 10, 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 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:

Joseph A. Hanshe, Esq.

288 Handsome Avenue

Sayville, New York 11782

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

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28332

K/nal

ROBERT A. LIFSON, J.

2004-11202
The People, etc., respondent,
v Diane Knudsen, appellant.
(Ind. No. 2851N-03)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Nassau County, rendered November 29, 2004, and to release the appellant on her own recognizance, or in the alternative, to fix reasonable bail.

Upon the papers filed in support of the motion and upon hearing the attorneys for the respective parties, it is

ORDERED that the motion is denied.

ROBERT A. LIFSON

Associate Justice

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28298

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-05856
The People, etc., plaintiff,
v Carlos Martinez, defendant.
(Ind. No. 2898/04)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Queens County, rendered November 30, 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., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M28059

STEPHEN G. CRANE, J.

2005-03409
The People, etc., plaintiff,
v Antwaun Meyers, a/k/a Antwaun Myers, defendant.
(Ind. No. 10219/00)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 7, 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.

STEPHEN G. CRANE

Associate Justice

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28300

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-05689
The People, etc., plaintiff,
v Randy Oden, defendant.
(Ind. No. 168/04)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Nassau County, rendered April 14, 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 (see CPL 460.30[1].

SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M28070

WILLIAM F. MASTRO, J.

2005-04872
The People, etc., plaintiff,
v Louis Olivo, defendant.
(Ind. No. 6662/00)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 15, 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.

WILLIAM F. MASTRO

Associate Justice

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28305

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-03379

The People, etc., respondent,
v Kevin Patterson, appellant.
(Ind. No. 235/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Richmond County, rendered March 21, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28310

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-09859
The People, etc., respondent,
v Sean Powell, appellant.
(Ind. No. 2541/03)

DECISION & ORDER ON MOTION
Motion to Dispense With Printing
Free Minutes

Motion by David Louis Cohen as pro bono counsel for the appellant for leave to dispense with printing on an appeal from a judgment of the County Court, Nassau County, rendered October 21, 2004, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,

ORDERED that the motion is otherwise granted; 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, if any, 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); retained 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 retained 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 counsel with a copy of the pre-sentence 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 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 retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged. Retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

David Louis Cohen, Esq.

125-10 Queens Blvd.

Kew Gardens, New York 11415

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28322

BARRY A. COZIER, J.P.

FRED T. SANTUCCI

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-05920

The People, etc., respondent,
v Robert Reyes, appellant.
(Ind. No. 660-04)

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, Suffolk County, rendered July 8, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and 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.

COZIER, J.P., SANTUCCI, SPOLZINO, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4274

Mid-State Corr. Fac.

Box 2500

Marcy, New York 13403

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28274

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2003-09009
The People, etc., respondent,
v Victor Rivera, appellant.
(Ind. No. 6129/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 2, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall adv ise the appellant of the date by which the minutes are to be returned and the brief filed.

SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 5452

Five Points Corr. Fac.

Box 119

Romulus, New York 14541

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28291

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-05917

The People, etc., respondent,
v Gerald Rowlett, appellant.
(Ind. No. 654-05)

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, Suffolk County, rendered May 11, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Bridget Fleming, Esq.

P.O. Box 1904

Sag Harbor, New York 11963

and 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

Appellant's address:

05 A 2742

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28279

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-00948
The People, etc., respondent,
v Jose Valentin, appellant.
(Ind. No. 3806/02)

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 January 9, 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 it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before September 27, 2005.

SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28324

BARRY A. COZIER, J.P.

FRED T. SANTUCCI

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-05016

The People, etc., respondent,
v Christopher Willard, appellant.
(Ind. No. 1269/04)

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 8, 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 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:

Joseph A. Hanshe, Esq.

288 Handsome Avenue

Sayville, New York 11782

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.

COZIER, J.P., SANTUCCI, SPOLZINO, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 2161

Downstate Corr. Fac.

Box F

Red Schoolhouse Road

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28323

BARRY A. COZIER, J.P.

FRED T. SANTUCCI

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-05633

The People, etc., respondent,
v Christopher Willard, appellant.
(Ind. No. 1135/01)

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 an amended judgment of the County Court, Nassau County, rendered February 28, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Joseph A. Hanshe, Esq.

288 Handsome Avenue

Sayville, New York 11782

and 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.

COZIER, J.P., SANTUCCI, SPOLZINO, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 2161

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M28283

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-05637

The People, etc., respondent,
v Jetson Wilson, appellant.
(Ind. No. 04-00305)

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, Orange County, rendered June 1, 2005, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED the motion is granted; and it is further,

ORDERED that 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:

Steven Feldman, Esq.

626 EAB Plaza

West Tower - Sixth Floor

Uniondale, New York 11556

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

Appellant's address:

05 A 2978

Franklin Corr. Fac.

62 Bare Hill Road - P.O. Box 10

Malone, New York 12953