Appellate Division: Second Judicial Department
M29173
L/
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In the Matter of the Dismissal of Causes for Failure to Perfect - Di August 2005 Calendar
| DECISION & ORDER ON MOTION smissal for Failure to timely Perfect |
The appellants or petitioners in the following named causes have failed to perfect their respective appeals or proceedings within the time limitations specified in subdivision (e) of section 670.8 of the rules of this court (22 NYCRR 670.8[e]). The titles of the matters appeared on a dismissal calendar published in the New York Law Journal, and the appellants or petitioners failed to make applications to enlarge the time to perfect within 10 days after the last date of publication.
Pursuant to 22 NYCRR 670.8(h) it is,
ORDERED that the following named causes are dismissed:
Docket No. Title
2004-00290 Heilweil v Hollis Hills Jewish Center
2004-03666Bantum v American Stock Exchange, LLC
2004-04251Teleisha v State Farm Mutual Automobile
2004-04695Snead v Jackson
2004-05500Weiss v Freestar Technologies, Inc.
2004-05506Becker v University Physicians of Brooklyn, Inc.
2004-05903Matter of Glinka v Town of Poughkeepsie
2004-06298Interpharm, Inc. v General Star Indemnity Company
2004-06438Matter of Villa v Castano
2004-06633Fairfield Towers Condominium v Fairfield Presidential Associates
2004-06634Fairfield Towers Condominium v Fairfield Presidential Associates
2004-06814 Fairfield Towers Condominium v Fairfield Presidential Associates
2004-06958Reed v Bracca Fence, Inc.
2004-07221Linton v Linton
2004-07332Morgan-Steele v Montague Realty, LLC
2004-07341Poplawski v Affordable Dwelling Units Leasing Corporation
2004-07411Lombardi v State of New York
2004-07819Yeganeh v Supermarkets General, Corp.
2004-07869Matter of S., William Michael; St. Christopher-Ottilie
2004-07870Matter of S., Bill Eugen; St. Christopher-Ottilie
2004-07871Matter of S., Diana; St. Christopher-Ottilie
2004-07947Ingle v Ingle
2004-07981Matter of L., Saida; E.; Rashida; E., Isaiah; E., Elijah; Administrati
2004-08119Matter of Farm Family Casualty Insurance Company v Bonnie
2004-08126Matter of Harco National Insurance Company v Simmerville
2004-08392Drukker v Berkovskiy
2004-08493Graphic Arts v Park Lane Operating Corporation
2004-09282Hoilett v Baron Daewoo, Inc.
2004-09539George v Kelly
2004-09578Stolzberg v DeLuca
2004-09603Kelleher v Home Depot U.S.A., Inc.
2004-09608Matter of Blossner v Vagnone
2004-09678Matter of Tadco Construction Corp. v County of Nassau
2004-09753Williams v State of New York
2004-09927Fiber Consultants, Inc. v Fiber Optek Interconnect Corp.
2004-09934LaRocco v State of New York
2004-09966Feasel v Plaza Toyota
2004-10049Oltean v Oltean
2004-10050Buchelly v 82-10 Baxter Avenue Food Corporation d/b/a Associated Super
2004-10153Young v Passick
2004-10218Culloty v Culloty
2004-10227Tsaksos v Loutraris
2004-10253Matter of American Honda Motor Company, Inc. v Klein
2004-10256Riley v White Plains Hospital Center
2004-10257Riley v White Plains Hospital Center
2004-10261Chase Manhattan Bank, N.A. v Pachnanda
2004-10292Matter of G., Keshauna; Suffolk County Department of Social Services
2004-10307Matter of Beautiful Acres, Inc. v Planning Board of Village of Hillbur
2004-10389Matter of Concepcion v Selsky
2004-10444Melkersen v Saleck
2004-10445Okoko v Aduh
2004-10455Freitag v City of New York
2004-10481Arias v Sellinger
2004-10540Raies v Lee
2004-10554Sidney v Leverett
2004-10590Ferrante v Victory Memorial Hospital
2004-10594Annunziata v Judlau Contracting, Inc.
2004-10607Douyon v American Cyanamid Company
2004-10632Graziano v Martindale
2004-10671Viera v Nieves
2004-10677Dadomo v Mountainview East Condominium I, s/h/a Mountainview East Cond
2004-10686Goldstein v Woods-Goldstein
2004-10693Quinn v Quinn
2004-10694Solomon v Suffolk County National Bank
2004-10697Buchman v O'Neill
2004-10699Al-Habib Incorporated v Pakeeza Foods, Inc.
2004-10727Kane v Kane
2004-10744Matter of Warwick v Warwick
2004-10745Casazza v Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano
2004-10777People ex rel. Eiland v Annetts
2004-10781Washington Mutual v Taffe
2004-10791The Sheps Law Group, P.C. v Faust Goetz Schenker and Blee, LLP
2004-10793WSNCHS East, Inc. v Pike
2004-10803Nieves v C. Raimondo & Sons Construction Co.
2004-10806New York Dirt Contracting Corporation v Columbus Construction Corporat
2004-10809Berko-Altmark v Mobile E.K.G. & Testing Corp.
2004-10816Hassan v K and P One Inc.
2004-10822Signoretta v Otsego Mutual Fire Insurance Company
2004-10823Nwike v Asgarali
2004-10833Casuccio v Our Lady of Mercy Senior Manor Housing Development
2004-10835Hines v Flores
2004-10844LePore v Novex Systems International, Inc.
2004-10847Boateng v Motorcycle Safety School, Inc.
2004-10850Bayram v Candle Corporation of America
2004-10884Passanante v Hamlet On Olde Oyster Bay Development Corporation
2004-10887Plaia v Island Trees Public School District
2004-10891Matter of Croton Watershed Clean Water Coalition, Inc. v Planning Boar
2004-10892Matter of Croton Watershed Clean Water Coalition, Inc. v Planning Boar
2004-10893Matter of Riverkeeper, Inc. v Planning Board of the Town of Southeast
2004-10906Cardiac Surgery Group, P.C. v Sarabu
2004-10918Lefkowitz v Bergman, Horowitz & Reynolds
2004-10921Zamudio v Bates Roofing & Siding Corporation, d/b/a Tower Construction
2004-10947Contimortgage v Duen
2004-10948Contimortgage v Duen
2004-10954Grisola v Camacho
2004-10958Matter of Sciacca; Estate of Romano, Deceased
2004-10959Graves v Starrett City, Inc.
2004-10982Matter of Lupoli; Estate of Luppoli a/k/a Lupoli, Deceased
2004-10988Delalio Sod Farms, Inc. v Town Board of the Town of Riverhead
2004-10997Nadj v Domino
2004-11000Shine v Shine
2004-11018Gavrilov v Chu Min Wang
2004-11020Bolchis v New York City Transit Authority
2004-11039Benyaminova v New York City Transit Authority, d/b/a MTA New York Tran
2004-11043Hudson Iron Works, Inc. v J.C.H. Delta Contracting, Inc.
2004-11044Matter of Allstate Insurance Company v Queliz
2004-11045Panday v New York City Transit Authority
2004-11054Sharp v Sharp
2004-11062Moonan v Moonan
2004-11082Matter of Iwachiw, Michael; Josefa Iwachiw
2004-11088Bass v Union Carbide Corporation
2004-11095Wachovia Bank, N.A., f/k/a First Union National Bank v Panio
2004-11102Wolle-Gordon v Gordon
2004-11105Ricks v County of Westchester
2004-11114Matter of Town of Riverhead v Long Island Power Authority
2004-11116Haider v Diaz
2004-11119Salvador v DCFS Trust
2004-11123Remy v DCFS Trust
2004-11127Margrabe v Rusciano
2004-11132Palladino v Costco Wholesale Corp.
2004-11135Castellanos v Perez
2004-11136Centre Great Neck, LLC v Rite Aid Corporation
2004-11139Lohier v Afshari
2004-11143Guillame v Enterprise Rent-A-Car Company of Boston, Inc.
2004-11148Matter of Gonzalez v Goord
2004-11164Tri-Global Management Corporation v Richardson
2004-11165Megget v City of New York
2004-11166Munoz v Arthur Building Systems, Inc.
2004-11171Bailey v Peters
2004-1118595 Lorimer, LLC v Insurance Company of the State of Pennsylvania
2004-11186I.B.E. Cosmetics, Inc. v Republic Franklin Insurance Company
2004-11187Matter of Garfunkel v Schwartz
2004-11188Starczewski v Amerco
2004-11189Branch v New York City Transit Authority
2004-11190Pulito v Boston Properties, Inc.
2004-11216Neuss v Neuss
2004-11220Baldante v Baldante
2004-11221Swift v Sloane
2004-11223Blumberg v Patchogue-Medford Union Free School District
2004-11263ARA Plumbing & Heating Corporation v ABCON Associates, Inc.
2004-11266Matter of Bugeja v Board of Zoning Appeals of the Town of Brookhaven
2004-11268Korn v Village of Westhampton Beach
2004-11269Pilkington v Lawhorne
2004-11273Metz v Grand AM Recreational Vehicles, Inc.
2004-11283McCarthy v McCarthy
2004-11290Reiter v County of Nassau
2004-11294Matter of Warner Insurance Company v Fleming & Hall Administrators, In
2004-11313Matter of State Farm Insurance Company v Ramnarine
2004-11318Bowerman v City of New York
2004-11325Gustin v Connor Modular Homes
2004-11335Matter of Maldonado v New York State Board of Parole
2005-00001Londino v Konefal
2005-00004Massari v Hausman
2005-00007Amrenco, Inc. v Gray
2005-00012Abraham v Abraham
2005-00014Madigan v Crompton
2005-00019Joya-Benites v Fitzgerald
2005-00026Grodsky v Tzeng
2005-00033State Farm Mutual Automobile Insurance Company v Rgevskey
2005-00043Pinnock v Adecco
2005-00046Grimaldo v Palmer
2005-00047Channer v John Hancock Life Insurance Company
2005-00052Crossroads Transportation Service, Inc. v All Phase Logistics, Inc.
2005-00056Garfield v Waldbaum, Inc.
2005-00067Razenson v Champagne
2005-00068Carruthers v Unkechaug Indian Nation
2005-00076Matter of Herzog v Candido
2005-00077Yin Hung Chan v DeRossi
2005-00084McGroarty v City of New York
2005-00087Clark v Leitgeb
2005-00093Blank v Hamlet On Olde Oyster Bay Development Corporation
2005-00101Cruz v Webb
2005-00103Weisz v Markowitz
2005-00106Olaiya v Golden
2005-00107T.E.H. Slopes, Inc. v Zurich Re (UK Ltd.)
2005-00109Benson Car Service v Rose
2005-00115Matter of Clark v New York City Transit Authority
2005-00116Calafiore v Kennelly
2005-00118James v The Parkway Jospital, Inc.
2005-00120Lester v Helping Hands Ministry, a/k/a Helping Hands Ministries, Inc.
2005-00124Hartley v Rainer
2005-00127Blume v A&R Fuels, Inc.
2005-00128NYCTL 1998-2 Trust v T. Jan Realty Corp.
2005-00138Gutierrez v 770 Broadway Company LLC
2005-00139Sterling v MEM Realty Consultant, Inc.
2005-00144Barcenas v City of New York
2005-00148Kumar v Trovarelli
2005-00151Roberts v Jurcev
2005-00153Matter of Kirchner v Zoning Board of Appeals Incorporated Village of P
2005-00157Matter of Eggleston; A., Doris, a Person Alleged to be Incapacitated
2005-00175Matter of Town of Islip Community Development Agency v Kline
2005-00177Matter of Iwachiw, Michael; Josefa Iwachiw
2005-00187Matter of Cruz v Dutchess County Jail
2005-00188Matter of Shuster v Hoch
2005-00219Matter of Miller v NYCHA
2005-00223Anilus v Jacques
2005-00234Pomerico v Pomerico
2005-00235Ruggia Landscaping, Inc. v Nolan
2005-00239Mi Song v Hoo Song
2005-00240Matter of Scibilia v Board of Zoning Appeals Village of Hempstead
2005-00243Villanueva v Rothman
2005-00245Wilkins v Lyndor
2005-00252Lewitin v Incorporated Village of Freeport
2005-00257Luke v Carboni
2005-00275Marston v City of New York
2005-00283Water Street Leasehold, L.L.C. v Commercial Union Insurance Company
2005-00290Wells Fargo Home Mortgage, Inc. v Kozakiewicz
2005-00291Matter of MBNA America Bank, N.A. v Vaughn
2005-00301Matter of Teja v Assessor of the Town of Greenburgh
2005-00302Matter of Board of Education Mamaroneck Union Free School District v M
2005-00306Racz v State of New York
2005-00307Matter of Santiago v Annucci
2005-00322Matter of Atlantic Air Systems, Inc.; McCarthy
2005-00323Bloom v Clove Lakes Health Care & Rehabilitation Center, Inc.
2005-00332Cefariello v Island Condo Management Corp.
2005-00342Matter of Francois v Miller
2005-00346Matter of Concepcion v Phillips
2005-00360Matter of Esmond Bradley Martin, Deceased; Bessemer Trust Company
2005-00370Plotkin v Plotkin
2005-00377Bechor v Arrow Auto School, Inc.
2005-00405Raja v New York City Health & Hospitals Corporation
2005-00416Matter of Murray v Dennison
2005-00421Laundry City, LLC v AAL Holdings, LLC
2005-00427Vann v County of Westchester
2005-00442Matter of Linus Realty, LLC v New York State Department of Environment
2005-00449Wendell v City of New York
2005-00452Prevete v Lem
2005-00453Marbury v McNair
2005-00456Matter of Lake Ninham Hills, Ltd. v City of New York Department of Env
2005-00467Yohann Corporation v Agoro
2005-00475Smith v Stillwell Sports Center, Inc.
2005-00476Niles v New York City Housing Authority
2005-00478Mangal-Cecil v Sung Kim
2005-00479Maisonet v City of New York
2005-00486Platt v Feyzrakhmanov
2005-00487Matter of Richards v Dennison
2005-00496Matter of Pappas v Corfian Enterprises, Ltd.
2005-00498Waller v Riverdale Associates
2005-00503Hollenstein v Cross Island Welding & Equipment Repair, Inc.
2005-00505Citibank, N.A. v Clarke
2005-00510Viking Financial Services, L.L.C. v High Country Sales & Service, Inc.
2005-00514Matter of Fareri; L., Louis, An Incapacitated Person
2005-00517Rochester v Valley Stream Discount Liquors, Inc., a/k/a Henry's Wine &
2005-00525Nowik d/b/a Nowick Independent v City of Poughkeepsie
2005-00526Catania v Catania
2005-00528Catania v Catania
2005-00529Claus v Claus
2005-00531Adrien v Estate of Peter Zurita
2005-00533Metz v Mishkowitz
2005-00536Matter of Rossein v Macan Engineering & Mfg. Co.
2005-00542Decandia v Decandia
2005-00543Tafuro v L.S.J.C. Restaurant Corp., d/b/a Chelsea Street
2005-00555Claus v Claus
2005-00572Middle Country Central School District v W.F. Walsh Construction Corp.
2005-00612Siegel v Chang
2005-00625Luna v City of New York
2005-00630Hong v Gaskin
2005-00653Graziano v Graziano
2005-00654Graziano v Graziano
2005-00655Green v Green
2005-00656Green v Green
2005-00664Matter of Liberty Mutual Insurance Company v Marino
2005-00665Town of Smithtown v Breco Environmental Contractors, Inc.
2005-00666Dileo v Faculty Student Association
2005-00667Cullen v Neuman
2005-00668Matter of Wilda M. Curley; Hanneman
2005-00678Acaru v Acaru
2005-00693Andrzejewski v 50 Republic Road, LLC
2005-00694Riftin v Stark
2005-00698Rygielska v Grable
2005-00699Matter of Eagle Insurance Company v White
2005-00704Bennett v Kasten
2005-00705Singleton v Kimco Realty Corp.
2005-00706Sanicola v Karistonos
2005-00707Gordon v Teramo & Company, Inc.
2005-00708Silver v Summit Rovins & Feldesman
2005-00710Sobczak v City of New York
2005-00713Barniak v Sportsmans Properites, Inc., a/k/a Sportsman Properties, Inc
2005-00714Rivkin v Greenwald
2005-00716Evans v Pikeway, Inc., d/b/a Jericho Plaza Fitness Center
2005-00725Insurance Corp. of New York v Empire Construction Corp. of Long Island
2005-00735Markovics v Farm Fresh Garden Fruit a/k/a Fruit Paradise, Inc.
2005-00739Mibar Marketing Inc., d/b/a CT Networks v Coffey
2005-00741Gruener v City of New York
2005-00742Town of Hempstead v Katina, Inc.
2005-00745Cummings v Schreier
2005-00749LePore v Novex Systems International, Inc.
2005-00750Jones v City of New York
2005-00751DeAngelo v Lodigkeit
2005-00760Camelot Village at Huntington, Inc. v South Huntington Union Free Scho
2005-00771Matter of Zacharakis v Vlahos
2005-00772Laljee v Zambi
2005-00773Perkins v State of New York
2005-00787Welsh v Okolie
2005-00792Alvear v State of New York
2005-00793Carter v State of New York
2005-00806Matter of Nelson v County of Westchester
2005-00812Ge v Zumck Realty Corp.
2005-00813Matter of Gordon v Village of Bronxville
2005-00814McCarthy v McCarthy
2005-00815Politi v Politi
2005-00818Nesmith v Westchester Medical Center
2005-00821Greenberg v Town Village of Harrison
2005-00825Gindin, f/k/a Rabinovitch v Rabinovitch
2005-00845Chin v Brumberg
2005-00851Perez v New York City Health & Hospitals Corporation
2005-00855Pagano v City of New York
2005-00857Bhattacharyya v Quincy Mutual Fire Insurance Co.
2005-00862Thompson v City of New York
2005-00867Sanchez v Barnes & Noble Corporation
2005-00905Mangano v Village of Ossining
2005-00906Matter of Sykes v Palazzola
2005-00923Moskowitz v Frieder
2005-00949Pinewood Associates, Inc. v Luttman
2005-00968Long v Gap, Inc.
2005-00975White Plains Realty Associates, L.L.C. v United States Fidelity & Gua
2005-00977Morocco v Mexpress, Inc.
2005-00979Matter of Leopizzi v Assessor Town of Greenburgh
2005-00981Adone v Paletto
2005-01001Wendelken v Prohealth Care Associates, L.L.P.
2005-01002Grandell Rehabilitation and Nursing Center, Inc. v Serby
2005-01014Lobello v Moran
2005-01022Citerme v Stanton
2005-01027Brooks v Maintenance Service Resources, Inc.
2005-01031Pina v Noel-Baptiste
2005-01035Gajer v Vinyl Pak, Inc.
2005-01041Rothschild v Keyspan
2005-01043Espinal v Pena
2005-01045Matter of Gallagher v City of New York
2005-01049Carter v Koth
2005-01051Figueroa v Gallager
2005-01052Gevorkova v Pleshkov
2005-01088Jeganathan v Bennett
2005-01108Tiger Karate, Inc. d/b/a Tiger Schulman's Karate Center's v Meal Corp.
2005-01109Tiger Karate, Inc. d/b/a Tiger Schulman's Karate Center's v Meal Corp.
2005-01114Brumaghin v North Fork Bank
2005-01115Graphic Arts v Park Lane Operating Corporation
2005-01179Heredia v Taylor
2005-01182Wallach v Wallach
2005-01184Best v Metlife Auto & Home Insurance Company
2005-01186AM&G Waterproofing, Inc. v Z&B Construction Corp.
2005-01213Jonas-Basso v City of New York
2005-01214Colon v Penny Transportation, Inc.
2005-01216Figueroa v Saint Vincent's Hospital of New York
2005-01218Rios v Metropolitan Transportation Authority d/b/a MTA
2005-01221Benjamin v Cohen
2005-01226Berman v Santanastasio
2005-01239McGrath v D'Angio-McGrath
2005-01240McGrath v D'Angio-McGrath
2005-01250Falzarano v Dbadji
2005-01262People ex rel. Delloiacono v Reilly
2005-01263Matter of Fulton v New York State Department of Correctional Services
2005-01269Lulu v J.D. Posililco, Inc.
2005-01271Matter of Utica Mutual Insurance Company v Government Employees Insura
2005-01273Matter of Progressive Northern Insurance Company v Groover
2005-01277Matter of Progressive Northern Insurance Company v Groover
2005-01327Epps v Benz Development Corp.
2005-01329Walsh v Heidepriem
2005-01337Mohabir v Muhammad
2005-01368Matter of Narrows Road South Opponents to the DOT Proposed Barrier Wal
2005-01369Matter of Eveready Insurance Company v Natt
2005-01389Kandic v Francis
2005-01409Matter of Reico International Realty Co. v New York State Division of
2005-01494Pisapia v Rose
2005-01539Matter of Anderson v Goord
2005-01569G.K. Alan Assoc., Inc. v Lazzari
2005-01609Doddato v Peters
2005-01630Matter of Porter v Mazzuca
2005-02112Matter of Evans v New York City Housing Authority
2005-02332Green v State of New York
2005-02677Politis v Terex Corporation
2005-03445Jaeger v Lentzos
2005-04547City of White Plains v County of Westchester
2005-05529Singh v Hussein
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29744
C/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
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2004-00606 Bank of New York, et al., plaintiffs-respondents, v Jaime Ortiz, et al., appellants, et al., defendants; Mohammad S. Islam, intervenor-respondent. (Index No. 7784/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se Marga Ortiz on an appeal from an order of the Supreme Court, Queens County, dated December 22, 2003, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal. Separate motion by the intervenor-respondent, Kenneth Racktoo, to substitute Mohammad S. Islam as the intervenor-respondent.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion by the appellant pro se Marga Ortiz is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal is granted on condition that on or before October 7, 2005, the appellants pro se serve and file a supplemental appendix containing the papers filed in opposition to the motion determined by the order dated December 22, 2003; and it is further,
ORDERED that on the court's own motion, the respondents' time to serve and file their respective briefs is enlarged until November 8, 2005; and it further,
ORDERED that the motion by the intervenor-respondent Kenneth Racktoo is granted, Mohammad S. Islam is substituted for Kenneth Racktoo as the intervenor-respondent and the caption of the appeal has been amended accordingly.
CRANE, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29889
S/nal
|
2005-02139
Helen Brooks, et al., appellants-respondents, v Judlau Contracting, Inc., defendant third-party plaintiff respondent-appellant; Stephen Brooks, third-party defendant-respondent. (Index No. 30239/99)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated December 10, 2004.
ORDERED that the application is granted and the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before October 24, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the third-party defendant-respondent shall serve and file his brief on or before November 29, 2005; the appellants-respondents shall serve and file their reply brief on or before January 5, 2006; and the respondent-appellant shall serve and file its reply brief, if any, on or before January 23, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29891
S/nal
|
2005-00848
Centennial Contractors Enterprises, respondent, v East New York Renovation Corporation, et al., appellants. (Index No. 19350/00)
| 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, Queens County, dated October 23, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 14, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29809
S/sl
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2004-10233
Thomas Coulter, et al., respondents, v Town of Highlands, appellant. (Index No. 2179/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Orange County, dated November 3, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 12, 2005, 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
M29897
T/nal
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2005-03446 Mark S. DePalma, appellant, v County of Westchester, et al., respondents. (Index No. 19802/03)
| 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, Westchester County, entered March 4, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 24, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29821
S/sl
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2005-02971
ESI-97, plaintiff, v Beehive Ventures, Inc., respondent, et al., defendants; We Buy Now, LLC, nonparty-appellant. (Index No. 9189/03)
| 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, Westchester County, dated February 15, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 14, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29820
S/sl
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2005-02410
Mary Fernandez, et al., appellants, v Maria Edlund, et al., respondents. (Index No. 02-16863)
| 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, Suffolk County, dated January 27, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 26, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29877
T/nal
|
2004-07760 Tzivia Fryer, et al, respondents, v Maimonides Medical Center, et al., defendants, Lawrence Cohen, etc., appellant. (Index No. 22883/98)
| 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 July 21, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 29, 2005, 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
M29803
O/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2003-11024 Harry Goldstein, et al., appellants, et al., plaintiffs, v Kohl's, respondent. (Index No. 1920/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, entered October 29, 2003, which was determined by decision and order of this court dated March 28, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29895
S/nal
|
2005-02230
Lori Gonzalo, et al., appellants, v Joline Estates Homeowners Association, Inc., et al., respondents. (Index No. 13029/00)
| ORDER ON APPLICATION |
Application by the respondent RJP Building Corp., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated January 14, 2005.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until October 24, 2005, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29827
J/sl
|
2004-09740 Herman L. Gray, respondent, v City of New York, et al., appellants. (Index No. 22695/93)
| 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 a judgment of the Supreme Court, Kings County, entered October 12, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 3, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29823
J/sl
|
2005-01084 Ervin L. Hites, et al., plaintiffs-respondents, v Toys "R" Us, Inc., et al., appellants, Lehigh Lawns & Landscaping, Inc., defendant-respondent. (Index No. 2695/02)
| 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, Dutchess County, dated December 20, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 26, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29874
T/nal
|
2005-05099 Lester Jackson, respondent, v Maimonides Medical Center, et al., respondents-appellants, Century 22 Builders Group, appellant-respondent. (Index No. 30251/01)
| ORDER ON APPLICATION |
Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a cross appeal from an order of the Supreme Court, Kings County, dated March 19, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before October 28, 2005 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29769
O/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-00288 Java Street Realty, Inc., appellant-respondent, v New York City Economic Development Corporation, et al., respondents, Bank Leumi Trust Company of New York, respondent-appellant, et al., defendants (and a third-party action). (Index Nos. 25284/02, 76014/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated November 10, 2003, which was determined by decision and order of this court dated May 2, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29811
S/sl
|
2005-00994, 2005-00995
Jerry Keitel, et al., appellants-respondents, v Neil Kurtz, et al., respondents, Elliot Dreznick, et al., respondents-appellants. (Index No. 23892/98)
| ORDER ON APPLICATION |
Application by the respondent-appellant Elliot Dreznick, joined by the remaining parties, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and cross appeals from an order of the Supreme Court, Suffolk County, dated December 10, 2004, and a judgment of the same court dated January 13, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeals is enlarged until November 7, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering briefs, including their points of argument on the cross appeals, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29896
S/nal
|
2005-02909
Joseph Larizza, respondent, v Carmela Larizza, appellant. (Index No. 19750/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated February 28, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 24, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29852
C/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2005-05021 Joseph Martelle, plaintiff, v City of New York, et al., defendants third-party plaintiffs- respondents; Aiello and Sons Air Conditioning Co., Inc., third-party defendant-appellant. (Index No. 12891/00)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant-appellant to stay discovery in the above-entitled third-party action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated February 25, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29887
T/nal
|
2005-02449 Michelle Melish, respondent, v Andrew August Melish, appellant. (Index No. 16907/86)
| 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 February 4, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 9, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29808
S/sl
|
2005-00726, 2005-00728
Lynn E. Miller, appellant, v Dennis Dugan, respondent. (Index No. 202147/02)
| 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 appeals from an order of the Supreme Court, Nassau County, dated May 10, 2004, and an order and judgment (one paper) of the same court dated November 26, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 26, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29844
S/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2004-01981 David Mohammed, appellant-respondent, v Islip Food Corp., d/b/a C-Town Supermarket, etc., et al., respondents, 2-32C Wheeler Road, Inc., respondent-appellant, et al., defendants.
(Index No. 11109/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent, joined by the respondent-appellant and the respondent Islip Food Corp., d/b/a C-Town Supermarket, to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Queens County, dated January 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 trial in the above-entitled action is stayed pending hearing and determination of the appeal.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29824
J/sl
|
2004-06351, 2004-09868
Bruce Morgan, appellant, v Chong Kwan Jun, et al., respondents. (Index No. 13899/01)
| ORDER ON APPLICATION |
Application by the respondents Chong Kwan Jun and Page Cleaners pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Richmond County, dated June 16, 2004, and October 5, 2004, respectively.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until October 3, 2005, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29791
O/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2004-09572 Walter Nicholson, etc., et al., respondents-appellants, v South Oaks Hospital, etc., appellant-respondent. (Index No. 16769/03
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants to deem their brief a "respondents' brief" on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated October 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; and it is further,
ORDERED that on the court's own motion, the respondents-appellants' notice of cross appeal and brief are stricken for failure to comply with the decision and order on motion of this court dated July 8, 2005, the cross appeal is dismissed without cost or disbursements, and on or before October 12, 2005, the respondents-appellants shall serve and file a respondents' brief raising only arguments in response to the points raised in the appellant's brief; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29802
S/sl
|
2004-11144
Hilda Osborne, respondent, v Martha Evans, appellant. (Index No. 6154/04)
| 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, Queens County, dated October 12, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 19, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29806
S/sl
|
2005-04590
Karen Panish, respondent, v Sam Panish, appellant. (Index No. 1111/05)
| 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, Suffolk County, dated April 15, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 12, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29873
T/nal
|
2004-10992 Rocky Point Drive-In, L. P., appellant, v Town of Brookhaven, et al., respondents. (Index No. 30047/02)
| 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, Suffolk County, dated October 21, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 4, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's reply brief, if any, shall be served and filed in accordance with the rules of this court (see 22 NYCRR 670.8[b]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29807
O/sl
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2004-05559 Sheila Scharfman, appellant, v Mark Scharfman, respondent. (Index No. 15119/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to appeal to the Court of Appeals from a decision and order of this court, dated June 13, 2005, which determined an appeal from an order of the Supreme Court, Westchester County, entered May 27, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., S. MILLER, KRAUSMAN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29868
C/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2005-07793 Shif Properties 166, LLC, appellant, v City of New York, et al., respondents. (Index No. 21893/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the respondents City of New York and City of New York Department of Finance from foreclosing upon the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 29, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29878
E/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2005-00270, 2005-05770
Lynne Travis, appellant. v Sidney H. Cuff, et al., respondents. (Index No. 13859/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from a judgment of the Supreme Court, Nassau County, entered October 4, 2004, and an order of the same court dated May 17, 2005, to enlarge the record to include a certain document and to enlarge the time to perfect the appeal from the judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the record is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge time to perfect the appeal from the judgment is granted, the appellant's time to perfect the appeal from the judgment is enlarged until October 14, 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., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29789
O/sl
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-07104 U.S. Bank National Association, etc., respondent, v Erik Risher, et al., appellants, et al., defendants. (Index No. 772/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Putnam County, dated June 21, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29730
M/nal
|
2005-06819 In the Matter of Shawn Adams, respondent, v Joyce Wolf Perryman, appellant. (Docket No. V-5292-00)
| SCHEDULING ORDER |
Appeal by Joyce Wolf Perryman from an order of the Family Court, Westchester County, dated June 8, 2005. By decision and order on motion of this court dated August 23, 2005, the following attorney was assigned as counsel on the appeal:
Joan Iacono, Esq.
81 Pondfield Road - Suite 8
Bronxville, New York 10708
(914) 961-0565
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated August 23, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M29801
M/nal
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLION, JJ.
|
2005-06003 In the Matter of Luanne G. Catalli, respondent, v Louis Catalli, appellant. (Docket No. O-21269/04)
| DECISION & ORDER ON MOTION |
Appeal by Louis Catalli from an order of the Family Court, Suffolk County, dated May 20, 2005. By order to show cause dated August 17, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 1, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated July 1, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29786
O/sl
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2004-07102 In the Matter of Angela Ellis, petitioner, v New York State Central Register of Child Abuse, et al., respondents. (Index No. 2315/04)
| DECISION & ORDER ON MOTION |
Motion by the petitioner 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 a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated June 1, 2004, for failure to timely perfect the same, to reinstate the proceeding, and to enlarge the time to perfect the proceeding.
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 so much of the decision and order on motion of this court dated May 10, 2005, as dismissed the instant proceeding, is recalled and vacated; and it is further,
ORDERED that the petitioner's time to perfect the proceeding is enlarged until October 27, 2005, and the petitioner's record or appendix and brief must be served and filed on or before that date.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29782
S/sl
|
2004-09055
In the Matter of Theresa Evans, appellant, v Uniqua Smith, et al., respondents. (Docket Nos. V-15169-03, V-15172-03)
| ORDER ON APPLICATION |
Application by the appellant 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 Family Court, Westchester County, dated August 17, 2004.
ORDERED that the application is granted, the appellant's time to serve and file a brief is enlarged, and the appellant's brief which was submitted to the Clerk of this court on September 9, 2005, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29890
S/nal
|
2005-06826
In the Matter of Edward Halperin, et al., petitioners, v Board of Appeals on Zoning of City of New Rochelle, et al., respondents.
(Index No. 3576/05)
| ORDER ON APPLICATION |
Application by the petitioners pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, dated June 21, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 21, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29776
O/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-05242 In the Matter of Johvanny Herrera, respondent, v Kelly O'Neill, appellant. (Docket No. V-29481/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated July 5, 2005, which determined an appeal from an order of the Family Court, Suffolk County, entered May 27, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., RITTER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29797
M/nal
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLION, JJ.
|
2005-05057
In the Matter of William Kimbark, Jr., appellant, v Lisa Kimbark, a/k/a Lisa Castaldo Green, respondent. (Docket No. F-317-99)
| DECISION & ORDER ON MOTION |
Appeal by William Kimbark, Jr., from an order of the Family Court, Rockland County, dated April 20, 2005. By order to show cause dated July 21, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated June 9, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated June 9, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29805
M/nal
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLION, JJ.
|
2005-05203 In the Matter of Michelle Leone-Kontos, respondent, v Michael Kontos, appellant. (Docket No. O-00946/05)
| DECISION & ORDER ON MOTION |
Appeal by Michael Kontos from an order of the Family Court, Suffolk County, dated April 29, 2005. By order to show cause dated August 9, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated June 9, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated June 9, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29893
S/nal
|
2005-01439
In the Matter of Long Island Business Aviation Association, Inc., appellant, v Town of Babylon, et al., respondents. (Index No. 5383/04)
| ORDER ON APPLICATION |
Application by the respondent Avilas, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Suffolk County, dated December 16, 2004.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until October 7, 2005, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29740
M/nal
|
2005-05199
In the Matter of Joseph John M. (Anonymous), a/k/a Joseph M. (Anonymous). Administration for Children's Services, et al., petitioner-respondent; Maribel R. (Anonymous). appellant; et al., respondent. (Docket No. B-18194/00)
| ORDER TO SHOW CAUSE |
Appeal by Maribel R. from an order of the Family Court, Kings County, dated December 30, 2004. By decision and order on motion of this court dated July 14, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before August 15, 2005. 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 29, 2005; 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
M29697
M/nal
|
2005-07706 In the Matter of Rosana McDowell, respondent, v Orlando Domenech, appellant. (Docket No. F-00862-02)
| SCHEDULING ORDER |
Appeal by Orlando Domenech from an order of the Family Court, Richmond County, dated August 10, 2005. By decision and order on motion of this court dated August 18, 2005, the following attorney was assigned as counsel on the appeal:
Andrew John Calcagno, Esq.
404 Manor Road, 1st floor
Staten Island, New York 10314
(718) 815-0200
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated August 18, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M29818
C/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
JOSEPH COVELLO, JJ.
|
2005-05078 In the Matter of Lamax A. McClean, respondent, v Nakisha A. Bell, appellant.
(Docket No. V-12663-03)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to defend an appeal from an order of the Family Court, Suffolk County, entered April 4, 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 that the motion is denied, with leave to renew upon proper papers, on or before October 24, 2005, including the respondent's affidavit setting forth the respondent's full financial situation, including all assets, both real and personal, as well as the amount and all sources of income, and all itemized expenses.
SCHMIDT, J.P., SANTUCCI, LUCIANO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29779
O/sl
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2004-08898 In the Matter of Kristen Nilsen, respondent, v Robert Slowey, appellant. (Docket No. O-14910-04)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from an order of the Family Court, Suffolk County, dated September 8, 2004, on the ground that there are no nonfrivolous issues to be raised on the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied without prejudice to assigned counsel filing an Anders brief (see Matter of Ayesha Shandeia McM., 255 AD2d 515).
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29751
C/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-02505 In the Matter of Arthur Pellman, et al., petitioners, v State of New York Office of Children and Family Services, et al., respondents. (Index No. 13222/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents Nassau County Department of Social Services and Commissioner Robert Sherman to dismiss a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Nassau County, entered December 1, 2004, on the ground that the petitioners failed to join a necessary party, or, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the proceeding on the ground that the petitioners failed to join a necessary party is granted, and the proceeding is dismissed without cost or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29799
M/nal
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLION, JJ.
|
2005-05703 In the Matter of Colby S. (Anonymous), Jr. Administration for Children's Services, respondent; Arelis P. (Anonymous), appellant. (Docket No. N-00144-05)
| DECISION & ORDER ON MOTION |
Appeal by Arelis P. from an order of the Family Court, Kings County, dated May 13, 2005. By order to show cause dated August 15, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated June 30, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated June 30, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29792
M/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2005-04365
In the Matter of Geurric S.-P. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Nadia S.-P. (Anonymous), respondent; Serge S.-P., appellant. (Docket No. N-2134-05)
| DECISION & ORDER ON MOTION |
Appeal by Serge S.-P. from an order of the Family Court, Orange County, dated May 5, 2005. By order to show cause dated July 21, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated June 3, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated June 3, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29804
M/nal
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLION, JJ.
|
2004-11073 In the Matter of Tracey Simpson, respondent, v Mary Bellere, et al., appellants. (Docket No. V-09920-94)
| DECISION & ORDER ON MOTION |
Appeal by Mary Bellere and Thomas Bellere from an order of the Family Court, Queens County, dated November 18, 2004. By order to show cause dated August 9, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal by Mary Bellere and Thomas Bellere is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated May 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29850
S/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-07538 In the Matter of Derek Tolbert, respondent, v Tamara M. Scott, appellant. (Docket Nos. V-20709-03, V-21911-03)
| DECISION & ORDER ON MOTION |
Appeal by Tamara M. Scott from an order of the Family Court, Queens County, dated July 25, 2005. By order to show cause dated August 19, 2005, 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 on the ground that the order is not appealable as of right (see Family Ct Act § 1112), and the appellant has not sought leave to appeal to this court.
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements.
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29817
E/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
JOSEPH COVELLO, JJ.
|
2005-04303 In the Matter of Lisa F. Waldman, appellant, v Jayson Waldman, respondent.
(Docket Nos. O-2416-97, V-2349-97, V-2350-97)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Nassau County, dated April 18, 2005, for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Kent V. Moston, Esq.
Legal Aid Society of Nassau County
One Helen Keller Way
Hempstead, New York 11550
(516) 565-6400
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is referred to the Clerk of this court pursuant to the rules of this court (see 22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
SCHMIDT, J.P., SANTUCCI, LUCIANO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29798
M/nal
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLION, JJ.
|
2005-04754 In the Matter of Angela Walters-Rattray, respondent, v Heron Rattray, appellant. (Docket No. O-11411-03)
| DECISION & ORDER ON MOTION |
Appeal by Heron Rattay from an order of the Family Court, Nassau County, dated April 8, 2005. By order to show cause dated July 21, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated May 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29800
M/nal
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLION, JJ.
|
2005-06115, 2005-06117, 2005-06119 In the Matter of Ilma Williams, respondent, v Steve Aldridge Warrington, appellant. (Docket No. U-16597/03)
| DECISION & ORDER ON MOTION |
Appeals by Steve Aldridge Warrington from three orders of the Family Court, Queens County, dated October 19, 2004, December 21, 2004, and March 30, 2005, respectively. By order to show cause dated August 17, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated July 1, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with a scheduling order dated July 1, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29775
F/
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-06354 The People, etc., respondent, v Jose Clas, appellant. (Ind. No. 1772-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered June 10, 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, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
FLORIO, J.P., CRANE, FISHER, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29762
O/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2001-10009 The People, etc., respondent, v Anthony M. Correnti, appellant. (Ind. No. 211/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, in effect, to hold an appeal from a judgment of the County Court, Suffolk County, rendered September 21, 2001, in abeyance pending submission to the County Court, Suffolk County, of a motion pursuant to CPL 440.10.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and the appellant pro se shall perfect his appeal on or before November 17, 2005, by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]), by filing nine copies os his brief, by serving one copy of his brief on the District Attorney, and by filing a properly executed waiver of his right to appellate counsel, which waiver shall read as follows:
WAIVER OF RIGHT TO APPELLATE COUNSEL
I have been advised that (1) I have the right to be represented by an attorney in prosecuting my appeal, and (2) if I cannot afford to retain counsel, one will be assigned to represent me at State expense. Knowing these rights I have voluntarily elected to waive them and to represent myself on the appeal. I have not been forced to waive my rights and I believe myself to be of sufficient intelligence and ability to properly protect my own interests without the assistance of a lawyer to, among other things, write an appellate brief.
Anthony Correnti
State of )
) ss.
County of )
On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared Anthony Correnti personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same, and that by his signature on the instrument, the individual executed the instrument.
Notary Public
SANTUCCI, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29819
E/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
JOSEPH COVELLO, JJ.
|
2004-03840 The People, etc., respondent, v Calvin L. Dallas, Jr., appellant.
(Ind. No. 116/03)
| DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel of Assignment |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered April 23, 2004, and for the assignment of new counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant is granted leave to serve and file a supplemental pro se brief; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
SCHMIDT, J.P., SANTUCCI, LUCIANO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
04-A-2525
Clinton Corr. Fac.
Box 2001
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M29771
F/
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-06907
The People, etc., plaintiff, v Patrick Dwyer, defendant. (Ind. No. 04-00666)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Westchester 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.
FLORIO, J.P., CRANE, FISHER, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 1800
Franklin Corr. Fac.
Box 10
Malone, New York 12953
Appellate Division: Second Judicial Department
M29830
F/
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-03010
The People, etc., respondent, v Hernan Guerrero, appellant. (Ind. No. 766-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered March 14, 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 to and in opposition thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
FLORIO, J.P., CRANE, FISHER, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 1497
Five Points Corr. Fac.
State Route 96 - Box 119
Romulus, New York 14541
Appellate Division: Second Judicial Department
M29833
F/
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-02473
The People, etc., respondent, v Ronald Harrington, appellant. (Ind. No. 04-00548)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered February 3, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Stephen J. Pittari, Esq.
Legal Aid Society of Westchester County
One North Broadway, 9th Floor
White Plains, New York 10601
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
FLORIO, J.P., CRANE, FISHER, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 0801
Bare Hill Corr. Fac.
Caller Box 20 - Cady Road
Malone, New York 12953
Appellate Division: Second Judicial Department
M29832
F/
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-06952
The People, etc., respondent, v Joshua R. Harris, appellant. (S.C. I. No. 61/05)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered July 7, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
David Goodman, Esq.
Public Defender
22 Market Street
Poughkeepsie, New York 12601
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
FLORIO, J.P., CRANE, FISHER, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 R 3147
Downstate Corr. Fac.
P.O. Box 445
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M29837
F/
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
JOSEPH COVELLO, JJ.
|
2002-01423, 2002-01424 The People, etc., respondent, v Richard Johnson, appellant. (Ind. Nos. 00-01368, 00-01449)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned appeals from two judgments of the Supreme Court, Westchester County, both rendered January 17, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeals are dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
SCHMIDT, J.P., SANTUCCI, LUCIANO, and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29839
F/
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
JOSEPH COVELLO, JJ.
|
2005-07231, 2005-07232
The People, etc., plaintiff, v Michael Jones, defendant. (S.C.I. Nos. 04-01270, 04-01272)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the defendant pursuant to CPL 460.30 for an extension of time to take appeals from two judgments of the County Court, Westchester County, both rendered April 25, 2005, for leave to prosecute the appeals 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.
SCHMIDT, J.P., SANTUCCI, LUCIANO, and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 2426
Downstate Corr. Fac.
Box F - Red Schoolhouse Road
Fishkill, New York 12524
Appellate Division : Second Judicial Department
M29681
F/
STEPHEN G. CRANE, J.
|
2005-05676 The People, etc., plaintiff, v Victor Mantilla, defendant. (Ind. No. 1402-91)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Suffolk County, dated March 22, 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
Appellate Division: Second Judicial Department
M29836
F/
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-07082
The People, etc., respondent, v Bertram McDowell, appellant. (Ind. No. 05-00410)
| 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 July 18, 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 the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Philip C. Schiffman, Esq.
11 East Main Street
P.O. Box 128
Washingtonville, New York 10992
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
FLORIO, J.P., CRANE, FISHER, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 3843
Downstate Corr. Fac.
P.O. Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M29780
F/
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-01749 The People, etc., respondent, v Jose S. Mendoza, appellant. (Ind. No. 900-04 )
| DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes |
Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Suffolk County, rendered February 2, 2005, 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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, 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.
FLORIO, J.P., CRANE, FISHER, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
Christopher J. Cassar, P.C.
13 East Carver Street
Huntington, New York 11743
Appellate Division: Second Judicial Department
M29773
F/
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2004-05744 The People, etc., respondent, v Shawn Owens, appellant. (Ind. No. 4805/03)
| 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 June 16, 2004, 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 opposition 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 advise the appellant of the date by which the minutes are to be returned and the brief filed.
FLORIO, J.P., CRANE, FISHER, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
04 A 3499
Franklin Corr. Fac.
Box 10
Malone, New York 12953
Appellate Division: Second Judicial Department
M29788
S/sl
|
2002-11426
The People, etc., respondent, v John Rabady, appellant. (Ind. No. 00-01635)
| 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 a judgment of the Supreme Court, Westchester County, rendered December 16, 2002.
ORDERED that the application is granted and the respondent's brief which was submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29879
T/nal
|
2001-08027 The People, etc., respondent, v Felix Rodriguez, appellant. (Ind. No. 6645/00)
| 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 a judgment of the Supreme Court, Kings County, rendered July 23, 2001.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 27, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29834
F/
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-04761
The People, etc., respondent, v Ignacio Rosas, appellant. (S.C.I. No. 04-00773)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered April 11, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Mitchell J. Baker, Esq.
One North Lexington Avenue
White Plains, New York 10601
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
FLORIO, J.P., CRANE, FISHER, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 3501
Bare Hill Corr. Fac.
Caller Box 20 - Cady Road
Malone, New York 12953
Appellate Division: Second Judicial Department
M29774
F/
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-06959
The People, etc., plaintiff, v Estrellita Sanchez, defendant. (Ind. No. 8150/03)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the defendant 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 May 17, 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 relation thereto, it is
ORDERED that the motion is denied (see CPL 460.30[1]).
FLORIO, J.P., CRANE, FISHER, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 G 0750
Bedford Hills Corr. Fac.
Box 1000
Bedford Hills, New York 10507
Appellate Division: Second Judicial Department
M29835
F/
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-06149
The People, etc., respondent, v Andre Smith, appellant. (Ind. No. 04-01060)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered May 24, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Jason M. Bernheimer, Esq.
200 Business Park Drive
Armonk, New York 10504
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
FLORIO, J.P., CRANE, FISHER, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 2988
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M29772
F/
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2003-07514 The People, etc., respondent, v Alexis Vasquez, appellant. (Ind. No. 2154/02)
| 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, Kings County, rendered August 12, 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 advise the appellant of the date by which the minutes are to be returned and the brief filed.
FLORIO, J.P., CRANE, FISHER, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 A 4907
Attica Corr. Fac.
Box 149
Attica, New York 14011
Appellate Division: Second Judicial Department
M29849
S/nal
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2004-01031 The People, etc., respondent, v Mark C. Weekes, appellant. (Ind. No. 00-00218)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered December 31, 2003, to strike the brief filed by assigned counsel and for leave to proceed pro se and to deem his supplemental brief to be the brief on the appeal.
Upon the papers filed in support of the motion and upon the papers filed in relation thereto, it is
ORDERED that on or before October 31, 2005, the appellant shall file with this court a properly executed waiver of his right to appellate counsel, which waiver shall read as follows:
WAIVER OF RIGHT TO APPELLATE COUNSEL
I have been advised that (1) I have the right to be represented by an attorney in prosecuting my appeal, and (2) if I cannot afford to retain counsel, one will be assigned to represent me at State expense. Knowing these rights I have voluntarily elected to waive them and to represent myself on the appeal. I have not been forced to waive my rights and I believe myself to be of sufficient intelligence and ability to properly protect my own interests without the assistance of a lawyer to, among other things, write an appellate brief.
Mark C. Weekes
State of )
) ss.
County of )
On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared Mark C. Weekes, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same, and that by his signature on the instrument, the individual executed the instrument.
Notary Public
and the motion is held in abeyance in the interim; and it is further,
ORDERED that if the appellant does not file with this court a properly executed waiver of his right to appellate counsel on or before October 31, 2005, the motion shall be denied.
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29838
F/
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
JOSEPH COVELLO, JJ.
|
2002-00660 The People, etc., respondent, v Wayne Wilmot, appellant. (Ind. No. 00-00712)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered December 18, 2001.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
SCHMIDT, J.P., SANTUCCI, LUCIANO, and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29880
T/nal
|
2004-00130 The People, etc., respondent, v Earl Wilson, appellant. (Ind. No. 6998/02)
| 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 a judgment of the Supreme Court, Kings County, rendered December 22, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 27, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29831
F/
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-06951
The People, etc., respondent, v Joseph A. Wright, appellant. (Ind. No. 4/05)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered July 6, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
David Goodman, Esq.
Public Defender
22 Market Street
Poughkeepsie, New York 12601
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
FLORIO, J.P., CRANE, FISHER, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 R 3078
Downstate Corr. Fac.
P.O. Box 445
Fishkill, New York 12524