09-17-2004_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR SEPTEMBER 17, 2004

TITLE	Case Number
Astudillo v Puissance Enterprises, LLC	2004-02175
Campos v Brooklyn Union Gas Company, Inc.	2004-00061 + 1
Citibank, N.A. v Quest 95, LLC	2004-05586
Frankel v 4502 18th Avenue Trust	2004-04031
Galante v Village of Sea Cliff	2004-01387
Hayes v New York City Transit Authority	2003-08642
Perez v St. John's Episcopal Hospital South S	2003-11395
Mtr of C. (Anonymous), Peter; Suffolk County	2004-04259
Mtr of Moloney v Moloney	2004-04633
Mtr of O. (Anonymous), Michael William, a/k/a	2004-00441
Mtr of Rodriguez v Guerra	2004-07328 + 1
Mtr of Rust v Dossantos	2004-07488
Mtr of S. (Anonymous), Deana Marie; Seamen's	2004-07304 + 1
Mtr of S. (Anonymous), William Michael; St. C	2004-07869 + 2
Mtr of Santos v Yecora	2004-07876
Mtr of T. (Anonymous), Alexia	2004-03041
Mtr of T. (Anonymous), Chauncey; Presentment	2004-07397
Mtr of T. (Anonymous), Margaret; Dutchess Co	2004-07479 + 2
Mtr of Y. (Anonymous), Ruth; Orange County DS	2003-04581
Peo v Armstead, Anthony	2002-03441
Peo v Austin, Richard	2004-05912
Peo v Baez, Edward	2003-08685
Peo v Barrett, Larry	2004-05253
Peo v Benning, Kenneth	1999-02725
Peo v Brothers, Bernard	2004-06306
Peo v Brown, Kelvin	2004-05913
Peo v Bullock, Paris	2004-06200
Peo v Callaway, Gia	2004-06307
Peo v Cobb, James, A.	2004-05431
Peo v Crawford, Donald	2004-06293
Peo v Dimas, Pedro	2004-06758
Peo v Dowling, Dennis	2003-04318
Peo v Gerena, Charles	2004-02050
Peo v Grant, James Lester	2003-10760
Peo v Hawkins, Cleveland	2004-06292
Peo v Hiland, Norman	2001-02769
Peo v Jamison, Willie	2004-06363
Peo v Jones, Dennis	2001-00445
Peo v Khatib, Mohammed	2004-00763
Peo v LeFranc, Kiya	2004-06708
Peo v Martin, Mark	2004-05915
Peo v McFarlane, Elsworth, a/k/a Payne, Loel	2004-06317
Peo v Nolasco, Steven	2004-02055
Peo v Reyes, Jorge	2003-09298
Peo v Rogers, Rmell	2003-07094
Peo v Scott, Aron, a/k/a Nazir, Juman	2004-06321
Peo v Smiley, Columbus	2004-05783

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Appellate Division: Second Judicial Department

M15985

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2004-02175

Jose Canar Astudillo, plaintiff, v Puissance
Enterprises, LLC, defendant, Telemark Construction
Management New York, LLC, defendant
second third-party plaintiff-respondent;
BRC Ironworks Inc., first, second, and fourth
third-party defendant-respondent; Facility
Service Corp., second third-party defendant
third and fourth third-party plaintiff-appellant;
Corporate Contractors Ltd., et al., third
third-party defendants-respondents.
(Index No. 35570/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 26, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 3, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M15685

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2004-00061, 2004-00063

Rodolfo Campos, et al., appellants,
v Brooklyn Union Gas Company, Inc.,
respondent.
(Index No. 42742/98)

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, Kings County, dated September 4, 2003, and a judgment of the same court entered December 3, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 29, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M15982

CF/

2004-05586
Citibank, N.A, appellant,
v Quest 95, LLC, respondent.
(Index No. 4726/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 1, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M15991

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2004-04031

Gail Frankel, respondent, v 4502 18th Avenue
Trust, defendant, Le Chocolate of Brooklyn,
LLC, d/b/a Le Chocolat, appellant.

(Index No. 22854/02)

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, Kings County, dated March 26, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before September 21, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M15984

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2004-01387

Ann Marie L. Galante, et al., respondents,
v Village of Sea Cliff, et al., appellants.
(Index No. 300/02)

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, Nassau County, dated January 5, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 8, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M16007

J/sl

2003-08642

Gerard Hayes, appellant, v New York City
Transit Authority, et al., respondents.
(Index No. 14003/00)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated August 14, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 20, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M15988

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2003-11395

Jonathan Perez, etc., respondent,
v St. John's Episcopal Hospital South
Shore, defendant, Interfaith Medical
Center, et al., appellants.
(Index No. 26675/96)

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 December 16, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 27, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M15981

CF/

2004-04259
In the Matter of Peter C. (Anonymous).
Suffolk County Department of Social
Services, appellant; Anthony C. (Anonymous),
respondent.
(Docket No. N-15520-03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated April 14, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M15967

E/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

PETER B. SKELOS, JJ.

2004-04633
In the Matter of Tammy Moloney, respondent,
v James Moloney, appellant.
(Docket Nos. V-13500-03, V-13501-03,
V-13502-03, V-13503-03)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated June 9, 2004, which dismissed an appeal from an order of the Family Court, Nassau County, dated March 26, 2004, to reinstate the appeal, 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 or opposition thereto, it is

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

ORDERED that the decision and order on motion of this court dated June 9, 2004, is recalled and vacated; 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:

Gail Jacobs, Esq.

47 Rose Avenue

Great Neck, NY 11021

(516) 773-3107

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

SANTUCCI, J.P., LUCIANO, SCHMIDT and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M15958

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2004-00441
In the Matter of Michael William O. (Anonymous),
a/k/a Michael O. (Anonymous).
St. Christopher-Ottilie, respondent;
Denise T. (Anonymous), appellant.
(Docket No. B-14152/98)

SCHEDULING ORDER

Appeal by Denise T. from an order of the Family Court, Queens County, dated November 21, 2003. The transcripts in the above-entitled appeal were received by the appellant on May 20, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until September 27, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M15719

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2004-07328, 2004-07329
In the Matter of Daisy Rodriguez, appellant,
v Mark Guerra, respondent.
(Docket No. V-10165-01)

SCHEDULING ORDER

Appeals by Daisy Rodriguez from two orders of the Family Court, Queens County, dated June 30, 2004, and July 15, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; 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 they have been ordered, the date thereof and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals; 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 appeals to show cause why the appeals 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.

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Appellate Division: Second Judicial Department

M15805

M/nal

2004-07488
In the Matter of Keisha Rust, appellant,
v Michael Dossantos, respondent.
(Docket Nos. V-07367-03, V-07368-03,
V-07399-03, V-07400-03)

SCHEDULING ORDER

Appeal by Keisha Rust from an order of the Family Court, Westchester County, dated July 21, 2004. Pursuant to § 670.4(a) 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 within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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.

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Appellate Division: Second Judicial Department

M15707

M/nal

2004-07304, 2004-07832
In the Matter of Deana Marie S. (Anonymous).
Seaman's Society for Children and Families, respondent;
Sabrina T. (Anonymous), appellant.
In the Matter of Serena Briana Marie T. (Anonymous).
Seaman's Society for Children and Families, respondent;
Sabrina T. (Anonymous), appellant.
(Docket Nos. B-10529/02, B-10530/02)

SCHEDULING ORDER

Appeals by Sabrina T. from two orders of the Family Court, Kings County, dated June 17, 2004, and July 1, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; 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 they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) 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 appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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Appellate Division: Second Judicial Department

M15778

M/nal

2004-07869, 2004-07870, 2004-07871
In the Matter of William Michael S. (Anonymous), a/k/a
William S. (Anonymous).
Administration for Children's Services, et al., respondents;
Teodor S. (Anonymous), appellant.
In the Matter of Bill Eugen S. (Anonymous), a/k/a Bill
S. (Anonymous).
Administration for Children's Services, et al., respondents;
Teodor S. (Anonymous), appellant.
In the Matter of Diana S. (Anonymous).
Administration for Children's Services, et al., respondents;
Teodor S. (Anonymous), appellant.
(Docket Nos. B-15311/03, B-15312/03, B-15313/03)

SCHEDULING ORDER

Appeals by Teodor S. from three orders of the Family Court, Kings County, all dated August 19, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; 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 they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) 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 appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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Appellate Division: Second Judicial Department

M15767

M/nal

2004-07876
In the Matter of Zoila Santos, appellant,
v Nelson Yecora, respondent.
(Docket No. F-12896-03)

SCHEDULING ORDER

Appeal by Zoila Santos from an order of the Family Court, Queens County, dated August 4, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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Appellate Division: Second Judicial Department

M15977

M/nal

2004-03041
In the Matter of Alexia T. (Anonymous).
Orange County Department of Social Services, appellant;
John F. (Anonymous), respondent.
In the Matter of Andasha F. (Anonymous).
Orange County Department of Social Services, appellant;
John F. (Anonymous), respondent.
In the Matter of (Boy) F. (Anonymous).
Orange County Department of Social Services, appellant;
John F. (Anonymous), respondent.
In the Matter of Clarisa C. (Anonymous).
Orange County Department of Social Services, appellant;
John F. (Anonymous), respondent.
In the Matter of Danielle W. (Anonymous).
Orange County Department of Social Services, appellant;
John F. (Anonymous), respondent.
In the Matter of John'na F. (Anonymous).
Orange County Department of Social Services, appellant;
John F. (Anonymous), respondent.
In the Matter of Seqoia F. (Anonymous).
Orange County Department of Social Services, appellant;
John F. (Anonymous), respondent.
In the Matter of Tinea F. (Anonymous).
Orange County Department of Social Services, appellant;
John F. (Anonymous), respondent.
(Docket Nos. N-6120-03, N-6121-03, N-6122-03,
N-6129-03)

SCHEDULING ORDER

Appeal by Orange County Department of Social Services from an order of the Family Court, Orange County, dated March 16, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M15728

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2004-07397
In the Matter of Chauncey T. (Anonymous),
appellant.
(Docket No. D-06890-04)

SCHEDULING ORDER

Appeal by Chauncey T. from an order of the Family Court, Queens County, dated August 2, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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Appellate Division: Second Judicial Department

M15789

M/nal

2004-07479, 2004-07480, 2004-07481
In the Matter of Margaret T. (Anonymous).
Dutchess County Department of Social Services,
petitioner-respondent; Michael T. (Anonymous),
appellant, et al., respondent.
(Docket Nos. B-03200-03, B-03201-03, B-03202-03)

SCHEDULING ORDER

Appeals by Michael T. from three orders of the Family Court, Dutchess County, dated October 27, 2003, July 9, 2004, and July 15, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; 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 they have been ordered, the date thereof and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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Appellate Division: Second Judicial Department

M15923

M/nal

2003-04581

In the Matter of Ruth Y. (Anonymous).
Orange County Department of Social Services,
respondent; Yvonne Y. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Kimberly Y. (Anonymous).
Orange County Department of Social Services,
respondent; Yvonne Y. (Anonymous), appellant.
(Proceeding No. 2)
(Docket Nos. B-481-02, B-482-02)

SCHEDULING ORDER

Appeal by Yvonne Y. from an order of the Family Court, Orange County, dated March 13, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 13, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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Appellate Division: Second Judicial Department

M15860

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2002-03441
The People, etc., respondent,
v Anthony Armstead, appellant.
(Ind. No. 1646/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered April 2, 2002, 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.

KRAUSMAN, J.P., CRANE, COZIER, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 R 1782

Clinton Corr. Fac.

Box 2002

Dannemora, New York 12929

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

Appellate Division: Second Judicial Department

M15922

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2004-05912

The People, etc., respondent,
v Richard Austin, appellant.

(Ind. No. 03-00928)

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 June 2, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated 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:

Kevin P. Gilleece, Esq.

399 Knollwood Road - Suite 207

White Plains, New York 10603

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., KRAUSMAN, ADAMS, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 3280

Five Points Corr. Fac.

Caller Box 400

State Route 96

Romulus, New York 14541

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

Appellate Division: Second Judicial Department

M15941

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2003-08685
The People, etc., respondent,
v Edward Baez, appellant.
(Ind. No. 1791-02)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered September 4, 2003, as a poor person, and for the assignment of counsel.

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

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

ORDERED that 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., KRAUSMAN, ADAMS, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 5022

Five Points Corr. Fac.

Caller Box 400 - State Rte. 96

Romulus, New York 14541

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

Appellate Division: Second Judicial Department

M15864

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-05253
The People, etc., respondent,
v Larry Barrett, appellant.
(Ind. No. 03-01143)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered May 6, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on July 22, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

Helene M. Greenberg, Esq.

45 Knollwood Road - 5th Floor

Elmsford, New York 10523

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

ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Gary M. Gash, Esq.

81 Main Street

White Plains, New York 10601

and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 2790

Woodbourne Corr. Fac.

Riverside Drive

Woodbourne, New York 12788

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

Appellate Division: Second Judicial Department

M15850

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

1999-02725
The People, etc., respondent,
v Kenneth Benning, appellant.
(Ind. No. 8427/97)

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, Kings County, rendered February 25, 1999.

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]).

KRAUSMAN, J.P., CRANE, COZIER, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M15854

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-06306

The People, etc., respondent,
v Bernard Brothers, appellant.

(Ind. No. 1931-03)

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 July 12, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4020

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

Appellate Division: Second Judicial Department

M15858

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-05913

The People, etc., respondent,
v Kelvin Brown, appellant.

(Ind. No. 03-00997)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered June 18, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Stephen Filler, Esq.

303 South Broadway - Suite 222

Tarrytown, New York 10591

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 3564

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

Appellate Division: Second Judicial Department

M15920

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2004-06200

The People, etc., respondent,
v Paris Bullock, appellant.

(Ind. No. 03-00214)

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 July 6, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., KRAUSMAN, ADAMS, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

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

Appellate Division: Second Judicial Department

M15855

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-06307

The People, etc., respondent,
v Gia Callaway, appellant.

(Ind. No. 389-04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered July 13, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 G 0675

Bedford Hills Corr. Fac.

247 Harris Road

Bedford Hills, New York 10507

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

Appellate Division: Second Judicial Department

M15927

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2004-05431

The People, etc., respondent,
v James A. Cobb, appellant.

(Ind. No. 03-01753)

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 June 10, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Marianne Karas, Esq.

Box 277

Armonk, New York 10504

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., KRAUSMAN, ADAMS, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

98 Circle Road

Mahopac, New York 10541

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

Appellate Division: Second Judicial Department

M15852

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-06293

The People, etc., respondent,
v Donald Crawford, appellant.

(Ind. No. 430-04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered July 9, 2004, 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 and in relation thereto, it is

ORDERED that the motion is granted; 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

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

Appellate Division: Second Judicial Department

M15925

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2004-06758

The People, etc., respondent,
v Pedro Dimas, appellant.

(Ind. No. 03-01606)

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 June 30, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Marshall Goldstein, Esq.

399 Knollwood Road

White Plains, New York 10603

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., KRAUSMAN, ADAMS, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 3873

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

Appellate Division: Second Judicial Department

M15856

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-04318

The People, etc., respondent,
v Dennis Dowling, appellant.

(Ind. No. 2116-02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered April 30, 2003, as a poor person, and for the assignment of counsel.

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

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

ORDERED that 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 2510

Adirondack Corr. Fac.

Box 110

Raybrook, New York 12977

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

Appellate Division: Second Judicial Department

M15865

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-02050
The People, etc., respondent,
v Charles Gerena, appellant.
(Ind. No. 3017-83)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered October 29, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on May 3, 2004, and the following named attorney was 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

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

ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Del Atwell, Esq.

P. O. Box 2516

Montauk, New York 11954

and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

5685 Lowell Road

Rome, New York 13440

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

Appellate Division: Second Judicial Department

M15634

ROBERT W. SCHMIDT, J.

2003-10760

The People, etc., plaintiff,
v James Lester Grant, defendant.
(Ind. No. 9406/87)

DECISION & ORDER ON MOTION

Motion by the defendant to reargue an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated November 10, 2003, which was denied by me in a decision and order on application dated March 16, 2004.

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

ORDERED that the motion is denied.

ROBERT W. SCHMIDT

Associate Justice

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

Appellate Division: Second Judicial Department

M15862

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-06292
The People, etc., respondent,
v Cleveland Hawkins, appellant.
(Ind. No. 652/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered June 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, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

KRAUSMAN, J.P., CRANE, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M15851

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2001-02769
The People, etc., respondent,
v Norman Hiland, appellant.
(Ind. No. 00-00746)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered January 25, 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]).

KRAUSMAN, J.P., CRANE, COZIER, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M15861

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-06363
The People, etc., respondent,
v Willie Jamison, appellant.
(Ind. No. 1115/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered June 29, 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, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

KRAUSMAN, J.P., CRANE, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M15899

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2001-00445
The People, etc., respondent,
v Dennis Jones, appellant.
(Ind. No. 99-01546)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered November 9, 2000.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

PRUDENTI, P.J., KRAUSMAN, ADAMS, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M15897

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2004-00763
The People, etc., respondent,
v Mohammed Khatib, appellant.
(Ind. No. 7127/02)

DECISION & ORDER ON MOTION

Motion by Richard E. Mischel, Esq., to be substituted as retained counsel, in place of assigned counsel, to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered December 23, 2003, and to continue the appellant's poor person status on the appeal. The appellant's motion to dispense with printing and for assignment of counsel was granted on August 10, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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

ORDERED that the motion is granted; and said assigned counsel is directed to turn over all papers in the action to retained counsel:

Richard E. Mischel, Esq.

One Whitehall Street - 10th Floor

New York, New York 10004

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 (22 NYCRR 670.1, et seq.) and written directions.

PRUDENTI, P.J., KRAUSMAN, ADAMS, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

Mischel, Neuman & Horn, P.C.

Richard E. Mischel, Esq.

One Whitehall - 10th Floor

New York, New York 10004

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

Appellate Division: Second Judicial Department

M15917

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2004-06708

The People, etc., plaintiff,
v Kiya LeFranc, defendant.

(Ind. No. 02-01741)

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 September 25, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., KRAUSMAN, ADAMS, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M15857

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-05915

The People, etc., respondent,
v Mark Martin, appellant.

(Ind. No. 03-00936)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered June 15, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Mark C. Fang, Esq.

4-3 Woods Brooke Lane

Yorktown Heights, New York 10598

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 3460

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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Appellate Division: Second Judicial Department

M15919

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2004-06317

The People, etc., plaintiff,
v Elsworth McFarlane, a/k/a Loel Payne,
defendant.

(Ind. No. 10610/97)

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, Queens County, rendered May 19, 1997, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., KRAUSMAN, ADAMS, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

30-96H-881

Passaic County Jail

11 Sheriff Plaza

Paterson, New Jersey 07501

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Appellate Division: Second Judicial Department

M15929

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2004-02055

The People, etc., respondent,
v Steven Nolasco, appellant.

(Ind. No. 1385-02)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered January 17, 2003, as a poor person, and for the assignment of counsel.

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

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

ORDERED that 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., KRAUSMAN, ADAMS, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 R 0450

Washington Corr. Fac.

Box 180

Comstock, New York 12821

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Appellate Division: Second Judicial Department

M15863

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-09298
The People, etc., respondent,
v Jorge Reyes, appellant.
(Ind. No. 902/03)

DECISION & ORDER ON MOTION
Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered October 15, 2003.

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

ORDERED that the motion is denied.

KRAUSMAN, J.P., CRANE, COZIER, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 R 5478

Mid-State Corr. Fac.

Box 2500

Marcy, New York 13403

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Appellate Division: Second Judicial Department\

M15910

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2003-07094
The People, etc., respondent, DECISION & ORDER
v Rmell Rogers, appellant.
(Ind. No. 2134/02)

ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered August 6, 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 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.

PRUDENTI, P.J., KRAUSMAN, ADAMS, and SPOLZINO JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 4434

Sing Sing Corr. Fac.

354 Hunter St.

Ossining, New York 10562

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Appellate Division: Second Judicial Department

M15916

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A., SPOLZINO, JJ.

2004-06321

The People, etc., respondent,
v Aron Scott, a/k/a Juman Nazir, appellant.
(Ind. No. 11205/97)

DECISION & ORDER ON MOTION

Motion by the appellant on pro se an appeal from a judgment of the Supreme Court, Queens County, rendered July 7, 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, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

PRUDENTI, P.J., KRAUSMAN, ADAMS and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M15853

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-05783

The People, etc., respondent,
v Columbus Smiley, appellant.

(Ind. No. 611-04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered May 24, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 2254

Gouverneur Corr. Fac.

Box 480

Gouverneur, New York 13642