Appellate Division: Second Judicial Department
M15721
O/sl
ANITA R. FLORIO, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-05227 Stephen Atanasoff, respondent, v Elmont Union Free School District, appellant. (Index No. 9908/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated May 5, 2004.
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 all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal.
FLORIO, J.P., MASTRO, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15745
CF/
|
2004-04226 Dago Bonilla, et al., respondents, v Barry Solomon, et al., appellants. (Index No. 13559/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 22, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15695
A/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-04844 Lorraine Bracco, respondent, v Harvey Keitel, appellant. (Index No. 1938/93)
| DECISION & ORDER ON MOTION |
Appeal by Harvey Keitel from an order of the Supreme Court, Rockland County, dated April 23, 2004. By order to show cause dated July 22, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated June 9, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated June 9, 2004 (see 22 NYCRR 670.4[a][5]).
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15670
S/sl
|
2004-02430
Miriam A. Collymore, appellant, v Secretary of Housing and Urban Development, et al., respondents. (Index No. 18896/03)
| 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, Queens County, dated January 12, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 25, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15597
Y/sl
THOMAS A. ADAMS, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2004-05085 Congregation Mercaz Hatorah of Belle Harbor, respondent, v Jean-Claude Mastey, et al., appellants. (Index No. 187/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court,
Queens County, dated April 12, 2004, on the ground that no appeal lies from an order entered on the default of the appealing party.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see State Farm Inc. Co. v Eagle Ins. Co., 266 AD2d 397).
ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15726
CF/
|
2004-02700 Sienna Delvasto, et al., respondents, v City of New York, appellant, et al., defendants. (Index No. 8688/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 11, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15525
A/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2003-06213 Equicredit Corporation of America, etc., respondent, v Virgilio P. Williams, etc., et al., defendants, Kunjunjamma Kuriakose, appellant.
(Index No. 2392/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Westchester County, entered May 27, 2003, for leave to reargue a motion to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the appendix on appeal, and cross motion by the respondent, inter alia, to strike those portions of the appendix which contain matter dehors the record and to direct the appellant to file a proper appendix, which were determined by decision and order on motion of this court dated June 21, 2004, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to reargue is denied, with $100 costs; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until November 12, 2004, and the 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.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15672
PL/sl
|
2004-01696
Jean-Marc Gaspard, appellant, v Wilfred Herard, et al., respondents. (Index No. 50357/00)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated January 12, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 20, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15699
J/nal
|
2004-01870
Suresh D. George, et al., respondents, v Frances Kelly, et al., defendants, North Shore University Hospital at Glen Cove, appellant. (Index No. 14025/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated February 11, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 3, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15725
E/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-01340 Azizollah Halimi, appellant, v Shokrollah Khakshooy, et al., respondents. (Index No. 14106/03)
| 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 October 3, 2003.
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 appellant's time to perfect the appeal is enlarged until October 1, 2004, 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.
RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15683
PL/sl
|
2004-02616 Dayquan Herdigein, etc., et al., appellants, v Uma Persaud, et al., respondents. (Index No. 1589/01)
| 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 and judgment (one paper) of the Supreme Court, Kings County, dated December 19, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 16, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15712
O/sl
ANITA R. FLORIO, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-07478 Patrick Ingle, respondent, v Sheung Ingle, appellant. (Index No. 5066/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Dutchess County, dated June 30, 2004, 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.
FLORIO, J.P., MASTRO, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15582
Y/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2003-07928, 2004-01174 Andrea Jacobs, et al., respondents-appellants, v Macy's East, Inc., et al., appellants-respondents. (Index No. 17283/96)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants to enlarge the time to perfect a cross appeal from two orders of the Supreme Court, Queens County, dated July 28, 2003, and October 3, 2003, respectively.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondents-appellants' shall serve and file their answering brief, including their points of argument on the cross appeal, on or before September 20, 2004, (see 22 NYCRR 670.8[c][3]); and it further,
ORDERED that no further enlargements of time will be granted.
PRUDENTI, P.J., FLORIO, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15587
E/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
THOMAS A. ADAMS, JJ.
|
2003-01455 Cynthia Johnson, et al., respondents, v City of New York, et al., appellants. (Index No. 39815/95)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, entered January 28, 2003, which was determined by decision and order of this court dated May 10, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., SMITH, GOLDSTEIN and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15657
R/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
BARRY A. COZIER
PETER B. SKELOS, JJ.
|
2003-02257 Katina, Inc., et al., appellants, v Town of Hempstead, et al., respondents.
(Index No. 31967/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Nassau County, entered January 27, 2003.
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 granted; and it is further,
ORDERED that the appellants' time to serve and file a reply brief is enlarged until September 17, 2004, and the reply brief must be served and filed on or before that date.
PRUDENTI, P.J., RITTER, COZIER and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15697
J/nal
|
2004-02006
Martin Kelly, appellant, v Gregory Schwend, et al., respondents. (Index No. 6224/03)
| 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, Rockland County, dated January 29, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 4, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15662
J/sl
|
2004-00709, 2004-03907
Penny Linden, respondent, v Sheldon Linden, appellant. (Index No. 9167/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Westchester County, entered December 23, 2003, and March 31, 2004, respectively.
ORDERED that the application is granted; and if is further,
ORDERED that the appellant's time to perfect the appeal from the order entered December 23, 2003, is enlarged until November 16, 2004, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's time to perfect the appeal from the order entered March 31, 2004, is enlarged until December 28, 2004, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15551
S/sl
|
2004-02600
Charlotte Lisi, appellant, v County of Suffolk, et al., respondents. (Index No. 01174/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated February 25, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 24, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15669
J/nal
|
2004-02928
Henry Luksik, respondent, v 27 Prospect Park West Tenants Corp., appellant. (Index No. 8248/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 21, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 15, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15737
CF/
|
2004-05551 Jose Martinez, plaintiff-respondent, v City of New York, defendant, Paulus, Sokolowski & Santor Engineering, P.C., defendant-appellant. (and a third-party action). (Index No. 11068/02)
| 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 May 14, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15736
CF/
|
2004-02240 Dennis McClean, et al., respondents, v Tully Construction Co., Inc., et al., appellants. (Index No. 20172/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 20, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15478
E/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2003-08359, 2004-02753 Kevin McDonagh, etc., et al., v Richard McDonagh, et al., appellants.
(Ind. No. 20182/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two orders of the Supreme Court, Queens County, dated August 12, 2003, and February 23, 2004, respectively, to stay the trial in the above-entitled action 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.
RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15589
Y/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-04982, 2003-08011 A. Oreilly Phillips, etc., respondent, v Yvonne Blount, et al., appellants, et al., defendants. (Action No. 1) (Index No. 13147/97) Norwest Mortgage, Inc., respondent, v Thomas Blount, et al., appellants. (Action No. 2) (Index No. 27337/97)
| DECISION & ORDER ON MOTION |
Motion by the appellants to consolidate appeals from two judgments of the Supreme Court, Nassau County, dated April 14, 2003, and June 25, 2003, respectively, and to enlarge the time to perfect the appeals.
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 consolidation is denied; and it is further,
ORDERED that on the court's own motion, the appeals shall be calendared together, and shall be argued or submitted on the same day; and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged until October 22, 2004, and the records or appendices on the appeals and the appellant's briefs must be served and filed on or before that date.
FLORIO, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15655
J/nal
|
2004-02629
Jan Poplawski, plaintiff-respondent, v Affordable Dwelling Units Leasing Corp., defendant third-party plaintiff-appellant, et al., defendant; Affordable Dwelling Units of George Street, third-party defendant-respondent (and another third-party action). (Index Nos. 5770/98, 80595/98,7583/02)
| 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, Kings County, dated February 3, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 9, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15708
C/sl
ANITA R. FLORIO, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-07686 Robert Quiles, etc., et al., respondents, v Filco Carting Corp., et al., appellants. (Index No. 30457/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 16, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., MASTRO, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15457
R/sl
DAVID S. RITTER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-00237 Roslyn Savings Bank, respondent, v Joan Kline, appellant, et al., defendants. (Index No. 24556/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated December 23, 2003, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal, and motion by the respondent to dismiss the appeal on the ground that it has been rendered academic, and separate motion by the respondent to strike stated portions of the appellant's appendix on the ground that it contains matter dehors the record.
Upon the papers filed in support of the motions, and the papers filed in opposition thereto, it is
ORDERED that the motion by the respondent to strike stated portions of the appendix is granted to the extent that pages A-124 through A-136 are stricken from the copies of the appellant's appendix on file with this court, and on or before October 5, 2004, the appellant shall either (1) remove from the original and all copies of the appendix on file with this court the above-referenced material, or (2) serve and file a new appendix that does not contain the above- referenced material; and it is further,
ORDERED that the motion by the respondent to dismiss the appeal is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the motion by the appellant to waive the requirements of 22 NYCRR 670.10.2(f) is granted on condition that the appellant removes pages A-124 through A-136 from the appendix in accordance with this decision and order on motion.
RITTER, J.P., MASTRO, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15556
A/sl
DAVID S. RITTER, J.P.
MYRIAM J. ALTMAN
BARRY A. COZIER
PETER B. SKELOS, JJ.
|
2003-10737 Abrao Salamon, et al., respondents, v Aaron Friedman, appellant.
(Index No. 32811/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Kings County, entered January 6, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion the plaintiff's notice of appeal from an order of the same court dated November 5, 2003, is deemed a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,
ORDERED that on or before September 23, 2004, the appellant shall serve and file a supplemental record on appeal containing the judgment; and it is further,
ORDERED that the motion is granted and enforcement of the judgment entered January 6, 2004, is stayed pending hearing and determination of the appeal.
RITTER, J.P., ALTMAN, COZIER and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15731
CF/
|
2004-04706 St. Luke's Roosevelt Hospital, a/a/o Loretta Bailey, et al., appellants, v Allstate Insurance Company, respondent. (Index No. 3899/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 8, 2003.
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
M15659
R/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-04932, 2004-05148 State of New York ex rel., o/b/o Darrick Sean McReynolds, etc., appellant, v Commissioner of Office of Mental Retardation and Developmental Disabilities, et al., respondents.
(Index No. 50000/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from two orders of the Supreme Court, Kings County, dated June 23, 1999, and May 25, 2004, respectively, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.
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 it is further,
ORDERED that on the court's own motion, the respondents' time to serve and file a brief is enlarged until October 12, 2004, and the respondents's brief must be served and filed on or before that date.
RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15742
CF/
|
2004-03216 Jennifer Strait, et al., plaintiffs-respondents, v Michael Anthony Grecco, etc., et al., defendants- respondents; Medical Liability Mutual Insurance Company, nonparty-appellant. (Index No. 11638/02)
| 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 February 24, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15466
C/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-03776, 2004-06491, 2004-07556
Wayne Tragni, et al., respondents, v Damon S. Tragni, appellant. (Index No. 04251/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, entered April 22, 2004, and June 25, 2004, respectively, to stay enforcement of a judgment of the same court, entered August 11, 2004, pending hearing and determination of the appeal from the order entered June 25, 2004.
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 notice of appeal from the order entered June 25, 2004, is also deemed to be a notice of appeal from the judgment entered August 11, 2004 (see CPLR 5501[c]); and it is further,
ORDERED that the motion is granted, and enforcement of the judgment entered August 11, 2004, is stayed pending hearing and determination of the appeal from the order entered June 25, 2004, on condition that the appeals from the judgment entered August 11, 2004, and the orders entered April 22, 2004, and June 25, 2004, respectively, are perfected on or before October 12, 2004; and it is further,
ORDERED that in the event the appeals are not perfected on or before October 12, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
FLORIO, J.P., KRAUSMAN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15679
PL/sl
|
2004-02150
VSF Coalition, Inc., appellant, v Nicholas Scoppetta, et al., defendants, Eliot Spitzer, respondent. (Index No. 17013/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated February 11, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 22, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15692
J/nal
|
2004-03539
Marlene Whitty, et al., appellants, v Best Metropolitan Towel & Linen Supply Co., Inc., respondent, et al., defendant. (Index No. 33957/02)
| 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 March 15, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 15, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15584
E/sl
FRED T. SANTUCCI, J.P.
ANITA R. FLORIO
ROBERT W. SCHMIDT
WILLIAM F. MASTRO, JJ.
|
2002-11168 Hamlet Zurita, etc., respondent, v Arthur G. McGinnis, et al., appellants. (Index No. 29867/95)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, dated October 1, 2002, which was determined by decision and order of this court dated May 10, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SANTUCCI, J.P., FLORIO, SCHMIDT and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15640
M/nal
|
2004-03378 In the Matter of Yvon Abellard, appellant, v Edith Aime, respondent. (Docket No. P-4133-01)
| SCHEDULING ORDER |
Appeal by Yvon Abellard from an order of the Family Court, Queens County, dated March 15, 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 September 30, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15591
E/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2003-02309 In the Matter of Rafael Almeyda, appellant, v New York State Division of Parole, et al., respondents. (Index No. 7206/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Orange County, dated January 3, 2003, which was determined by decision and order of this court dated February 23, 2004.
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.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15656
M/nal
|
2003-05104
In the Matter of Augusto Araujo, appellant, v Stacey Rogers, respondent. (Docket No. V-3563-01)
| SCHEDULING ORDER |
Appeal by Augusto Araujo from an amended order of the Family Court, Suffolk County, entered May 7, 2003. 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 October 15, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15666
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-02662 In the Matter of Takylia B. (Anonymous), appellant. Little Flower Children's Services, et al., petitioners-respondents; Kimberly B. (Anonymous), respondent-respondent; Doreather B. (Anonymous), intervenor-appellant. (Docket No. B-09162/02)
| DECISION & ORDER ON MOTION |
Motion by the intervenor-appellant on appeals from an order of the Family Court, Kings County, dated March 8, 2004, for leave to serve a late notice of appeal upon the petitioner-respondent Little Flower Children's Services.
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 on or before September 30, 2004, the intervenor-appellant shall serve the notice of appeal upon the petitioner-respondent Little Flower Children's Services and file proof of such service with this court.
FLORIO, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15661
M/nal
|
2004-04430
In the Matter of Dorothy Francis, petitioner- respondent, v Melissa Vantassel, appellant, et al., respondent. (Docket No. V-4023/03)
| ORDER TO SHOW CAUSE |
Appeal by Melissa Vantassel from an order of the Family Court, Orange County, dated April 16, 2004. By decision and order of this court dated July 30, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before September 3, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 30, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15609
M/nal
|
2004-04667
In the Matter of Damon Licari, respondent, v Cheryl Mulderig, appellant. (Docket No. V-11186-03)
| ORDER TO SHOW CAUSE |
Appeal by Cheryl Mulderig from an order of the Family Court, Suffolk County, dated April 23, 2004. By scheduling order dated June 4, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated June 4, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 30, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15709
C/sl
ANITA R. FLORIO, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2003-11292 In the Matter of Bruce Madonna, et al., appellants, v Town of Riverhead, et al., respondents. (Index No. 27722/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from a judgment of the Supreme Court, Suffolk County, entered August 6, 2003, for this court to take judicial notice of the following documents: (1) a map of the streets of South Jamesport dated 1878, filed in the office of the Suffolk County Clerk, (2) Suffolk County Tax Map 0600-92, and (3) certified copies of six deeds recorded in the office of the Clerk of Suffolk County.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal.
FLORIO, J.P., MASTRO, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15687
M/nal
|
2004-04340 In the Matter of Joel P. (Anonymous), appellant. (Docket No. S-3115-03)
| SCHEDULING ORDER |
Appeal by Joel P. from an order of the Family Court, Rockland County, dated April 15, 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 October 29, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15684
M/nal
|
2004-01211 In the Matter of Robert P. (Anonymous), appellant. (Docket No. E-18252/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Suffolk County, dated January 20, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until October 15, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15674
M/nal
|
2004-06288
In the Matter of Maria Pesin, appellant, v Martin Pesin, respondent. (Docket No. F-2120-03)
| ORDER TO SHOW CAUSE |
Appeal by Maria Pesin from an order of the Family Court, Rockland County, dated June 3, 2004. By scheduling order dated July 28, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 28, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 30, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15680
M/nal
|
2003-07280
In the Matter of Cleveland R. (Anonymous), appellant. (Docket No. D-09796/02)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Kings County, dated July 21, 2003. The appellant's brief was filed in the office of the Clerk of this court on July 19, 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 respondent's time to serve and file a brief on the appeal is enlarged until September 21, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15671
M/nal
|
2004-05880
In the Matter of Wanda Riccio, respondent, v Paul Riccio, appellant. (Docket No. V-284-03)
| ORDER TO SHOW CAUSE |
Appeal by Paul Riccio from an order of the Family Court, Richmond County, dated June 7, 2004. By scheduling order dated July 27, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4)an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 27, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 30, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15676
M/nal
|
2004-05935
In the Matter of Jennifer S. (Anonymous). Suffolk County Department of Social Services, respondent; Deborah S. (Anonymous), appellant. In the Matter of Jessica S. (Anonymous). Suffolk County Department of Social Services, respondent; Deborah S. (Anonymous), appellant. (Docket Nos. N-5598/04, N-5599/04)
| ORDER TO SHOW CAUSE |
Appeal by Deborah S. from an order of the Family Court, Suffolk County, dated June 9, 2004. By scheduling order dated July 26, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 26, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 30, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15668
A/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-00408 In the Matter of James D. Senetto, appellant, v Julie Putnam, respondent. (Docket No. U-3495/03)
| DECISION & ORDER ON MOTION |
Appeal by James D. Senetto from an order of the Family Court, Suffolk County, dated December 4, 2003. By order to show cause dated July 22, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 14, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and upon the papers filed in relation to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated May 14, 2004 (see 22 NYCRR 670.4[a][5]).
FLORIO, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15688
M/nal
|
2004-02569 In the Matter of Beatriz Sosa, respondent, v Oscar Sosa, appellant. (Docket No. F-238-03)
| SCHEDULING ORDER |
Appeal by Oscar Sosa from an order of the Family Court, Orange County, dated March 5, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 14, 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 respondent's time to serve and file a brief on the appeal is enlarged until October 4, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15595
Y/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2003-09227 In the Matter of Itoko Suzuki, a/k/a Ituko Suzuki, respondent, v Arnold Peters, appellant. (Docket Nos. F-903/01, F-1014/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the record on an appeal from an order of the Family Court, Westchester County, dated September 15, 2003, to include certain material.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15504
C/nal
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-04450
In the Matter of Rosalie Westenberger, respondent, v Kurt Westenberger, appellant. (Docket No. F-2837-01)
| 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, Nassau County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Nassau County, dated April 14, 2004, 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 upon the appellant on or before September 24, 2004, 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 October 15, 2004, 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.
RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15610
PL/sl
THOMAS A. ADAMS, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2003-01910, 2004-06479 The People, etc., respondent, v Micky Fong, appellant. (Ind. Nos. 1760/99, 3593/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered February 20, 2003, under Indictment No. 3593/02 as a poor person, for the assignment of Lynn W.L. Fahey as counsel, and, in effect, to consolidate the appeal with a judgment of the same court, also rendered February 20, 2003, under Indictment No. 1760/99.
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 pending under Appellate Division Docket No. 2004-06479 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 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 in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her 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 appeals are consolidated; 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.
ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
Please make inquiry to the State Inmate Locator
New York State Department of Correctional Services.
Telephone: (518) 457-0043
Appellate Division: Second Judicial Department
M15590
PL/sl
THOMAS A. ADAMS, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2003-00440, 2004-07391 The People, etc., respondent, DECISION & ORDER v John Prendergast, appellant. (Ind. Nos. 720/01, 2367/01)
| ON MOTION |
Motion by the appellant, on appeal from a judgment of the Supreme Court, Queens County, rendered January 6, 2003, under Indictment No. 2367/01, to amend a decision and order on motion of this court, dated August 4, 2003, assigning counsel, to reflect that the appellant also appeals from a judgment of the same court, rendered January 6, 2003, under Indictment No. 720/01.
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 granted, and order of assignment is deemed amended.
ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15730
CF/
|
2003-02392 The People, etc., respondent, v Cesar Ramirez, appellant. (Ind. No. 11899/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Queens County, rendered February 21, 2003.
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