Appellate Division: Second Judicial Department
M30129
C/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2005-08239 Birdine Acunto, appellant, v Stewart Avenue Gardens, LLC, respondent (and a third-party action). (Index No. 12932/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Nassau County, entered August 24, 2005, and for leave to prosecute the appeal on the original papers.
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 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 a preference is granted; and it is further,
ORDERED that the appeal will be calendared when all the briefs are filed with this court.
H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30133
S/sl
|
2005-06254
Hanz Andre, et al., respondents, v City of New York, appellant, et al., defendants. (Index No. 13423/04)
| 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, Queens County, dated November 17, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 19, 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
M30118
T/sl
|
2005-03078 Bank of New York, etc., appellant, v James Plantz, Sr., etc., et al., defendants; Public Administrator of Kings County, et al., intervenors-respondents. (Index No. 14593/03)
| 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, Kings County, dated January 30, 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
M30134
M/nal
|
2005-06787
Nathan Blumes, respondent, v Inbar Blumes Madar, appellant. (Index No. 48288/00)
| ORDER TO SHOW CAUSE |
Appeal by Inbar Blumes Madar from an order of the Supreme Court, Kings County, dated May 26, 2005. By scheduling order dated August 1, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated August 1, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 30, 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
M30120
T/sl
|
2005-02731
Arturo Cardenas, et al., appellants-respondents, v Fred Peteani, respondent-appellant. (Index No. 11668/03)
| ORDER ON APPLICATION |
Application by the appellants-respondents 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, January 26, 2005.
ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until October 19, 2005, and the joint record or appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file his answer brief, including his points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3])
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30113
S/sl
|
2005-00865
Diana C. Fakhoury, appellant, v Karen Kinlock, respondent. (Index No. 3607/02)
| 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, Dutchess County, dated December 20, 2004.
ORDERED that the application is granted, the appellant's time to serve and file her reply brief is enlarged, and the appellant's reply brief which was submitted to the Clerk of this court on September 15, 2005, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30126
E/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2005-01141, 2005-05050 Napoleon Farfan, et al., respondents, v Rene Rivera, et al., defendants; Rita Mallick, nonparty-appellant. (Action No. 1) (Index No. 13569/04) Rita Mallick, appellant, v Napoleon Farfan, et al., respondents, et al., defendants. (Action No. 2) (Index No. 28585/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant in Action Nos. 1 and 2 to consolidate appeals from two orders of the Supreme Court, Queens County, dated December 21, 2004, and April 20, 2005, respectively.
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 to the extent that the appeals shall be heard together, and shall be argued or submitted on the same day, and the motion is otherwise denied.
H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30127
T/sl
|
2005-02884
Roy Garrison, et al., respondents, v Carabie Corporation, appellant. (Index No. 5974/94)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered February 16, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 21, 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
M30107
T/sl
|
2005-03333
Jennifer S. Hes, appellant, v New York City Transit Authority, defendant-respondent, Metropolitan Transportation Authority, et al., defendants third-party plaintiffs-respondents; A.J. Pegno Constr. Corp., third-party defendant- respondent. (Index No. 25660/99)
| ORDER ON APPLICATION |
Application by the third-party defendant-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, Nassau County, dated March 4, 2005.
ORDERED that the application is granted and the third-party defendant-respondent's time to serve and file a brief is enlarged until October 24, 2005, and the third-party defendant-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
M30100
E/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2005-05760, 2005-05767 Kwang Hee Lee, appellant-respondent, v ADJMI 936 Realty Associates, et al., respondents- appellants. (Appeal No. 1) (Index No. 44511/03) Ray Realty Fulton, Inc., et al., respondents-appellants, v Kwang Hee Lee, appellant-respondent. (Appeal No. 2) (Index No. 30527/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to consolidate appeals from two orders of the Supreme Court, Kings County, both dated May 20, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant-respondent shall file 10 copies of the joint record or appendix, and the parties shall file 10 copies of their respective briefs.
H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30098
T/sl
|
2005-02404
Kevin Leddy, appellant, v Adele Williams, et al., respondents. (Index No. 5132/03)
| 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, Suffolk County, dated December 15, 2004.
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
M30104
T/sl
|
2005-02153 Albert Majors, respondent, v Vanderveer Estates Holding, LLC, et al., appellants (and a third-party action). (Index No. 7999/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated January 19, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 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
M30022
Y/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2005-05587 Jeanne M. Marzullo, appellant, v General Motors Corporation, respondent, et al., defendant. (Index No. 1993/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a decision of the Supreme Court, Dutchess County, dated May 9, 2005. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and application and the papers filed in relation thereto, it is
ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30095
T/sl
|
2005-03037
Luis Mera, appellant, v Franklin Matias, respondent. (Index No. 20271/04)
| 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, Queens County, dated January 12, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 21, 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
M30012
R/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2005-00711, 2005-03123 Susan K. Neuman, appellant, v Marvin H. Neuman, respondent.
(Index No. 203964/00)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent on appeals from an order of the Supreme Court, Nassau County, dated December 22, 2004 (Appellate Division Docket No. 2005-00711), and a judgment of the same court dated February 18, 2005 (Appellate Division Docket No. 2005-03123), to dismiss the appeals for failure to timely perfect the same.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal from the order dated December 22, 2004, is dismissed, without costs or disbursements, as the order was superseded by the judgment (see Matter of Aho, 39 NY2d 241, 248); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order is denied as academic; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the judgment is denied as premature.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30111
S/sl
|
2004-07684, 2005-02204
Patricia Penna, respondent, v Henry Penna, appellant.
(Index No. 15546/02)
| 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 appeals from two orders of the Supreme Court, Suffolk County, dated July 27, 2004, and February 3, 2005, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 11, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30110
C/sl
STEPHEN G. CRANE, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
MARK C. DILLON, JJ.
|
2005-03835 Edgar Hernandez Ramirez, appellant, v Juan Romualdo, respondent. (Index No. 22348/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated February 22, 2005, to strike the record and appellant's brief on the ground that the record contains matters dehors the record and the brief fails to contain citations to pages in the record in the Statement of Facts, and to enlarge the time to serve and file a respondent's 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 strike the appellant's brief and record is granted to the extent that the appellant's brief and pages 106-149 of the record are stricken and that branch of the motion is otherwise denied; and it is further.
ORDERED that on or before October 11, 2005, the appellant shall delete or remove pages 106-149 from all copies of the record on appeal on file with the court, or shall file a replacement record which does not contain those pages; and it is further,
ORDERED that on or before October 11, 2005, the appellant shall file a replacement brief which contains citations to the record in the Statement of Facts; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted and the respondent must serve and file a brief on or before November 14, 2005.
CRANE, J.P., SANTUCCI, MASTRO and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30112
T/sl
|
2004-10436, 2005-07155
Angel Nicole Redmond, etc., respondent, v Jamaica Hospital Medical Center, et al., appellants. (Index No. 20270/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Queens County, dated October 27, 2004, and June 9, 2005, respectively.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 17, 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
M30114
S/sl
|
2005-02706, 2005-02707
Dorothy Sarantopoulos, et al., appellants, v E-Z Cash ATM, Inc., et al., respondents. (Matter No. 1) (Index No. 3557/04) In the Matter of George Lendrihas, etc., respondent, v Dorothy Sarantopoulos, etc., et al., appellants. (Matter No. 2) (Index No. 9419/04)
| ORDER ON APPLICATION |
Application by the appellants in Matters Nos. 1 and 2 pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated June 24, 2004, and January 19, 2005, respectively.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until November 15, 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
M30123
T/sl
|
2005-02342
Mathew Titus, appellant, v Sosamma Mathew, respondent. (Index No. 201789/03)
| 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, Nassau County, dated February 1, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 3, 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
M30102
C/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2005-00764 Wayne Vassell, etc., respondent, v Angelo Magno, etc., et al., appellants, et al., defendants. (Index No. 48838/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated December 17, 2004, for leave to serve and file an amended brief, and to enlarge the appellants' time to serve and file a reply brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file an amended brief is granted to the extent that on or before September 30, 2005, the respondent shall serve and file an amended brief in the form of the proposed amended brief annexed to respondent's motion papers as Exhibit "J," with the statements on pages 9, 10, 15, and 25 which are referred to in paragraph 16 of the affirmation of Paul N. Nadler dated August 23, 2005, submitted in support of the respondent's motion, deleted, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the appellant's time to serve and file a reply brief is granted, and the appellants' reply brief must be served and filed on or before October 3, 2005.
H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30090
T/sl
|
2005-04490
Peter Velasquez, respondent-appellant, v 42-55 Colden Owners Corp. Co-op, appellant-respondent. (Action No. 1) (Index No. 7930/02) Peter Velasquez, respondent-appellant, v Alma Realty Corp., et al., appellants-respondents. (Action No. 2) (Index No. 32440/02)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file an answering brief, including his points of argument on the cross appeal, on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated March 15, 2005.
ORDERED that the application is granted and the respondent-appellant's time to serve and file a brief is enlarged until November 18, 2005, and the respondent-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
M30094
T/sl
|
2005-02337 In the Matter of James Barnard, et al., appellants, v Christopher St. Lawrence, etc., et al., respondents. (Index No. 5793/04)
| 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, Rockland County, dated January 28, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 2, 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
M30135
M/nal
|
2005-07171
In the Matter of Genvieve Benack-Coleman, respondent, v Anthony L. Coleman, appellant. (Docket No. O-6760-04)
| ORDER TO SHOW CAUSE |
Appeal by Anthony L. Coleman from an order of the Family Court, Dutchess County, dated June 21, 2005. By scheduling order dated August 8, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated August 8, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 30, 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
M30161
M/nal
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
JOSEPH COVELLO, JJ.
|
2004-10591, 2004-10592, 2004-10593, 2004-10595 In the Matter of Michael C. (Anonymous). Administration for Children's Services, et al., respondents; Linda D. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-17647/03) In the Matter of Claudia Michele D. (Anonymous). Administration for Children's Services, et al., respondents; Linda D. (Anonymous), appellant. (Proceeding No. 2)
(Docket No. B-17648/03) In the Matter of Nadine Rachel D. (Anonymous). Administration for Children's Services, et al., respondents; Linda D. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-17649/03) In the Matter of Angelo Thomas C. (Anonymous), a/k/a Angelo C. (Anonymous). Administration for Children's Services, et al., respondents; Linda D. (Anonymous), appellant. (Proceeding No. 4) (Docket No. B-17650/03)
| SCHEDULING ORDER |
Appeals by Linda D. from four orders of the Family Court, Kings County, all dated September 22, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 12, 2005, and the respondent's brief was served and filed on August 19, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeals is enlarged until September 30, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
SCHMIDT, J.P., SANTUCCI, LUCIANO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29816
M/nal
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2005-00403, 2005-00404 In the Matter of Michelle Castillo, respondent, v Juan Castillo, appellant. (Docket No. F-00180/00)
| SCHEDULING ORDER |
Appeals by Juan Castillo from two orders of the Family Court, Rockland County, dated September 7, 2004, and December 9, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on July 13, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeals is enlarged until September 21, 2005; 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
M30132
T/sl
|
2005-03093 In the Matter of John DeSilva, appellant, v New York State Division of Housing & Community Relations, respondent. (Index No. 599/05)
| 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 March 16, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 15, 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
M30005
R/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
ROBERT J. LUNN, JJ.
|
2005-04676, 2005-04680, 2005-04681 In the Matter of Mary Yaba H. (Anonymous), a/k/a Melissa H. (Anonymous). St. Vincent's Services, respondent; Adam Anthony H. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Patricia Minerva H. (Anonymous). St. Vincent's Services, respondent; Adam Anthony H. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Darryl Dwight H. (Anonymous). St. Vincent's Services, respondent; Adam Anthony H. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-10401/03, B-10402/03, B-10403/03)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, to be relieved as counsel from representing the appellant on appeals from three orders of the Family Court, Queens County, all dated March 23, 2005. Separate motion by the respondent to dismiss the appeals on the ground that, inter alia, no appeal lies from an order entered upon the appellant's default (see CPLR 5511).
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeals is granted and the appeals are dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the motion by counsel to be relieved is denied as academic.
S. MILLER, J.P., RITTER, RIVERA and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30084
O/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
JOSEPH COVELLO, JJ.
|
2004-07670 In the Matter of James J. Hunt, et al., appellants, v Board of Zoning Appeals of Incorporated Village of Malverne, et al., respondents. (Index No. 17645/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, dated June 22, 2004, on the ground that the appellants' appendix is inadequate, or, in the alternative, 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 enlarge the time to serve and file a brief is granted; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until October 19, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
SCHMIDT, J.P., SANTUCCI, LUCIANO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29978
C/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2005-06104
In the Matter of Halime Kurkcu, appellant, v Ayse Cokyuksel, respondent. (Docket No. O-18368/04))
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated May 19, 2005, 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 poor person relief and 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:
Robert J. Marinelli, Esq.
26 Court Street, Suite 1815
Brooklyn, New York 11242
(718) 624-9391
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; 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 for a scheduling order pursuant to section 22 NYCRR 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]).
S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29810
O/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2003-10271 In the Matter of M. B. (Anonymous). Mental Hygiene Legal Service, appellant; Staten Island Developmental Disabilities Services Office, et al., respondents. (File No. 33/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent Staten Island Developmental Disabilities Services Office for leave to appeal to the Court of Appeals pursuant to CPLR 5602(a)(1)(i) from an opinion and order of this court dated June 13, 2005, which reversed an order of the Surrogate's Court, Richmond County, dated October 31, 2003.
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 the following question is certified to the Court of Appeals: Was the opinion and order of this court dated June 13, 2005, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30157
C/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2005-07953
In the Matter of New York City Housing Authority Hammel Houses, appellant, v Ellamae Newman, respondent. (Index No. 19751/02)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by the petitioner for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, 2nd and 11th Judicial Districts, dated October 29, 2004, which affirmed a judgment of the Civil Court, Queens County, entered May 4, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted.
H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30136
M/nal
|
2005-06839
In the Matter of Destiny O. (Anonymous). Suffolk County Department of Social Services, respondent; Kelly O. (Anonymous), appellant. (Docket No. N-7732-04)
| ORDER TO SHOW CAUSE |
Appeal by Kelly O. from an order of the Family Court, Suffolk County, dated June 15, 2005. By scheduling order dated August 8, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated August 8, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 30, 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
M30119
M/nal
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
ROBERT J. LUNN
JOSEPH COVELLO, JJ.
|
2004-10614 In the Matter of Franklyn Richards, respondent, v Carla Campbell, appellant. (Docket No. V-03953-01)
| SCHEDULING ORDER |
Appeal by Carla Campbell from an order of the Family Court, Kings County, dated October 15, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until September 30, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
SCHMIDT, J.P., SANTUCCI, LUNN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30108
M/nal
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2005-03672 In the Matter of Cathleen Tocarz, a/k/a Cathleen Fenty, respondent-appellant, v Michael Loughlin, appellant-respondent. (Docket No. V-4574-00)
| SCHEDULING ORDER |
Appeal and cross appeal from an order of the Family Court, Suffolk County, dated April 7, 2005. The appellant-respondent's brief was filed in the office of the Clerk of this court on August 8, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until September 30, 2005; 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
M30121
M/nal
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
ROBERT J. LUNN
JOSEPH COVELLO, JJ.
|
2004-04646 In the Matter of Brandon W. (Anonymous), appellant. (Docket No. E-05973/03)
| SCHEDULING ORDER |
Appeal by Brandon W. from an order of the Family Court, Orange County, dated April 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 21, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until September 30, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
SCHMIDT, J.P., SANTUCCI, LUNN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27347
S/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
HOWARD MILLER, JJ.
|
2002-09753 In the Matter of Brian Wecker, respondent, v Rosemarie D'Ambrosio, a/k/a Rosemarie Hembury, appellant. (Docket No. V-3530/00)
| DECISION & ORDER ON MOTION |
Appeal by Rosemarie D'Ambrosio, a/k/a Rosemarie Hembury from an order of the Family Court, Suffolk County, entered October 3, 2002. By decision and order dated April 5, 2004, which determined the appeal, the parties and/or their respective counsel were directed to show cause why an order should or should not be made and entered imposing such sanctions and/or costs if any against the mother and/or her counsel pursuant to 22 NYCRR 130-1.1(c) as this court may deem appropriate.
Now, on the court's own motion, and upon the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied.
S. MILLER, J.P., RITTER, LUCIANO and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30122
M/nal
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
ROBERT J. LUNN
JOSEPH COVELLO, JJ.
|
2005-01172 In the Matter of Er-Mei Y. (Anonymous). Administration for Children's Services, respondent; Guo J. Y. (Anonymous), appellant. (Docket No. N-09952-02)
| SCHEDULING ORDER |
Appeal by Guo J. Y. from an order of the Family Court, Queens County, dated December 23, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 15, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the law guardian and the respondent to serve and file a brief on the appeal is enlarged until September 30, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
SCHMIDT, J.P., SANTUCCI, LUNN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M29918
F/
PETER B. SKELOS, J.
|
2005-05341 The People, etc., plaintiff, v Robert Allaway, defendant. (Ind. No. 347-09)
| 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 May 11, 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.
PETER B. SKELOS
Associate Justice
Appellate Division : Second Judicial Department
M29920
F/
PETER B. SKELOS, J.
|
2005-05260 The People, etc., plaintiff, v Dugar Ulloa Bueno, defendant. (Ind. No. 946-99)
| 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 April 18, 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.
PETER B. SKELOS
Associate Justice
Appellate Division: Second Judicial Department
M30179
J/sl
|
2002-09629 The People, etc., respondent, v Robert Clark, appellant. (Ind. No. 2386-01)
| 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 County Court, Suffolk County, rendered September 20, 2002.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 20, 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
M30019
R/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2004-03500 The People, etc., respondent, DECISION & ORDER v Billy Cooper, appellant. (Ind. No. 1282/01)
| 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 March 4, 2004, to be furnished with a copy of the typewritten transcript of the proceedings, if any, and, in effect, to relieve counsel assigned to prosecute the appeal.
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 serve and file a supplemental brief 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; and it is further,
ORDERED that the motion is otherwise denied.
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.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
04-A-1420
Upstate Corr. Fac.
Box 2001
Malone, New York 12953
Appellate Division : Second Judicial Department
M29968
F/
ROBERT A. LIFSON, J.
|
2005-07440 The People, etc., plaintiff, v Harvey Graham, defendant. (Ind. No. 1851/90)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated October 9, 2003, 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.
ROBERT A. LIFSON
Associate Justice
Appellate Division: Second Judicial Department
M30063
R/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2003-01021 The People, etc., respondent, v Bobby Hayes, appellant. (Ind. No. 849/02)
| 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 County Court, Nassau County, rendered January 23, 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 response 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 with the exhibits attached to his motion papers 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.
H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03-A-0811
Clinton Corr. Fac.
Box 2001
Dannemora, N.Y. 12929
Appellate Division : Second Judicial Department
M29917
F/
PETER B. SKELOS, J.
|
2005-03270 The People, etc., plaintiff, v Asif Latiff, defendant. (Ind. No. 3666/95)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated March 17, 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.
PETER B. SKELOS
Associate Justice
Appellate Division : Second Judicial Department
M29919
F/
PETER B. SKELOS, J.
|
2005-03259 The People, etc., plaintiff, v Ligio R. Lopez, defendant. (Ind. No. 298-03)
| 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 January 31, 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.
PETER B. SKELOS
Associate Justice
Appellate Division: Second Judicial Department
M29847
S/sl
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-06555 The People, etc., respondent, v Emmanuel Nkemakolam, appellant.
(Ind. No. 14004/91)
| DECISION & ORDER ON MOTION |
Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated May 11, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the branch of the application which is for leave to appeal to this court is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,
ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated May 11, 2005; and it is further,
ORDERED that the branches of the application which are, in effect, 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 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 hearing on the motion, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of the proceeding 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Andrew S. Worgan, Esq.
30 Colby Drive
Kings Park, New York 11754
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.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
Pike County Corr. Fac.
175 Pike County Blvd.
Lords Valley, PA 18428
Appellate Division: Second Judicial Department
M30096
E/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2003-07514 The People, etc., respondent, v Alexis Vasquez, appellant.
(Ind. No. 2154/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Kings County, rendered August 12, 2003, to direct the stenographer of the trial court to transcribe pages 1338 through 1459 of the minutes of the proceedings which occurred on April 1, 2003, and pages 1461 through 1512 of the minutes of the proceedings which occurred on April 2, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the decision and order on motion of this court dated April 12, 2004, is amended to direct the stenographer of the trial court to promptly to make, certify, and file two transcripts of pages 1338 through 1459 of the minutes of the proceedings which occurred on April 1, 2003, and pages 1461 through 1512 of the minutes of the proceedings which occurred on April 2, 2003.
H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court