Appellate Division: Second Judicial Department
M16003
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2004-01716
AFA Protective Systems, Inc., et al., appellants, v City of New York, respondent.
(Index No. 43521/94)
| ORDER ON APPLICATION |
Application by the appellants 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 January 8, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 8, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16004
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2004-02423 Bruce P. Benson, appellant, v Mary Ann Benson, respondent. (Index No. 5478/96)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered February 25, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 19, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15996
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2004-01778 Elisa Breiding, et al., appellants, v David Giladi, respondents. (Index No. 20224/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated November 18, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 11, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16038
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2004-02630
Dalton Daley, et al., respondents, v Sohail Shahzad, et al., appellants.
(Index No. 1234/02)
| 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, Kings County, dated February 5, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 21, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16010
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2004-02911
Raoul Diamantstein, etc, et al., appellants, v Konrad Sawicki, respondent, et al., defendants. (Index No. 46002/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 28, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 22, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16015
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2004-02390 Lari D. Donovan, respondent, v Christopher R. Szlepcsik, appellant. (Index No. 27131/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 17, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15889
S/sl
GABRIEL M. KRAUSMAN, J.P.
STEPHEN G. CRANE
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
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2003-11126 Joan Evans, appellant, v Bret Evans, respondent. (Index No. 28177/99)
| DECISION & ORDER ON MOTION |
Motion by Bret Evans to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated November 3, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as this appeal is a duplicate of an appeal and cross appeal pending under Appellate Division Docket No. 2003-10003; and it is further,
ORDERED that the motion is denied as academic.
KRAUSMAN, J.P., CRANE, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15993
E/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
ROBERT W. SCHMIDT
PETER B. SKELOS, JJ.
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2003-10816
Richard Gallo, et al., respondents, v Otis Elevator Company, et al., defendants, Ace Elevator Co., Inc. s/h/a Ace Elevator, appellant. (Index No. 28321/00)
| DECISION & ORDER ON MOTION |
Motion by the Port Authority of New York and New Jersey on an appeal from an order of the Supreme Court, Queens County, dated October 15, 2003, inter alia, for leave to serve and file a brief, in effect, as an appellant, or alternatively, a brief in support of the appellant.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., LUCIANO, SCHMIDT and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16063
CF/
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2004-02608 Carlos C. Garces, et al., respondents-appellants, v Kim V. Yip, et al., appellants-respondents. (Index No. 34996/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondents-appellants to withdraw a cross appeal from an order of the Supreme Court, Kings County, dated February 19, 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16008
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2004-04608
Dexter Greenwood, respondent, v Charles Tuzzolo, et al., appellants. (Index No. 2684/03)
| 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, Nassau County, dated January 6, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 15, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16000
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2004-01977
Stamata Kopsidas, respondent, v Steven Krokos, et al., appellants. (Index No. 11291/97)
| 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, Queens County, dated entered February 9, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 22, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16009
J/sl
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2004-02094
Leisure Glen Homeowners Association, Inc., respondent, v Robert A. Torres, et al., appellants. (Index No. 31111/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated February 9, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 24, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16021
CF/
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2004-02900 Marty Markowitz, et al., respondents, v Makura, Inc., etc., appellant. (Index No. 23203/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16002
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2004-02236
Karen Morris, etc., respondent, v Pasquale C. Viscuso, appellant, et al., defendants. (Index No. 8370/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated January 29, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 21, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16019
CF/
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2004-01338 Presbyterian Church of St. Albans, N.Y., appellant, v Prime Contracting Design Corporation, et al., respondents. (Index No. 30745/02)
| 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 January 12, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16057
J/sl
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2003-10525
Shulim Sakhnovskiy, et al., respondents, v 409 Taxi Corp., et al., appellants.
(Index No. 14473/01)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Kings County, dated October 20, 2003.
ORDERED that the application is granted and the respondents' time to file a brief is enlarged until September 21, 2004, and the respondents' brief must be filed on or before that date; and it is further,
ORDERED that the appellants' reply brief, if any, must be served and filed on or before October 1, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16005
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2004-02489
Kamran Shafqat, etc., et al., appellants, v Jamie Blackman, et al., respondents. (Index No. 28875/95)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 23, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 12, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16017
CF/
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2004-04631 Town of Malone, et al., respondents, v United States Fire Insurance Company, et al., appellants. (Index No. 15358/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 12, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16050
CF/
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2004-05394 In the Matter of Allstate Insurance Company, respondent, v Grace Pena, et al., appellants. (Index No. 31344/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 17, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15971
M/nal
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2004-03376 In the Matter of Olivia Bailey, appellant, v Leando Bailey, respondent. (Docket No. F-04255/02)
| SCHEDULING ORDER |
Appeal by Olivia Bailey from an order of the Family Court, Queens County, dated March 11, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until October 15, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15975
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2004-06036
In the Matter of Sheree Denham, respondent, v Steven Kaplan, appellant. (Docket No. U-758/02)
| ORDER TO SHOW CAUSE |
Appeal by Steven Kaplan from an order of the Family Court, Richmond County, dated June 14, 2004. By scheduling order dated July 28, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 28, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15979
M/nal
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2004-01474 In the Matter of Anthony Christopher G. (Anonymous), Jr. St. Christopher-Ottillie, respondent; Anthony G. (Anonymous), appellant. (Docket No. B-1880-02)
| SCHEDULING ORDER |
Appeal by Anthony G. from an order of the Family Court, Kings County, dated January 2, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 21, 2004, and the respondent's brief was served and filed on September 10, 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 law guardian's time to serve and file a brief on the appeal is enlarged until October 8, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15952
M/nal
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2004-05793 In the Matter of George Gittens, appellant, v Michele Chinon, respondent. (Docket No. V-10179/00)
| SCHEDULING ORDER |
Appeal by George Gittens from an order of the Family Court, Kings County, dated June 22, 2004. By decision and order of this court dated September 15, 2004, the following attorney was assigned as counsel on the appeal:
Lewis S. Calderon, Esq.
90-50 Parsons Blvd. - Suite 405
Jamaica, New York 11432
(718) 883-1560
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the 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 the order of this court dated September 15, 2004, has been served upon the clerk of the court from which the appeal is taken, 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.
Appellate Division: Second Judicial Department
M15951
M/nal
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2004-05894 In the Matter of Joseph Greenidge, appellant, v Janice Greenidge, respondent. (Docket Nos. V-14950-04, V-14951-04, V-14952-04)
| SCHEDULING ORDER |
Appeal by Joseph Greenidge from an order of the Family Court, Kings County, dated June 23, 2004. By decision and order of this court dated September 15, 2004, the following attorney was assigned as counsel on the appeal:
Yasmin Daley-Duncan, Esq.
218 Smith Street
Brooklyn, New York 11201
(718) 284-3575
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the 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 the order of this court dated September 15, 2004, has been served upon the clerk of the court from which the appeal is taken, 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 Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M15968
M/nal
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2004-00482 In the Matter of Shanasia H. (Anonymous). Suffolk County Department of Social Services, respondent; Eric R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dominque L. (Anonymous). Suffolk County Department of Social Services, respondent; Eric R. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-1004/03, N-1512/03, F-15540-02)
| SCHEDULING ORDER |
Appeal by Eric R. from an order of the Family Court, Suffolk County, entered December 15, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until October 4, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15960
M/nal
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2004-03013 In the Matter of Vincent H. (Anonymous), appellant. (Docket No. D-4740/03)
| SCHEDULING ORDER |
Appeal by Vincent H. from an order of the Family Court, Queens County, dated March 9, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until October 29, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15973
M/nal
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2004-06115
In the Matter of Jennifer L. Hatcher, respondent, v Paul J. Fisichella, appellant. (Docket Nos. V-11488-03, V-16436-03)
| ORDER TO SHOW CAUSE |
Appeal by Paul J. Fisichella from an order of the Family Court, Suffolk County, dated June 9, 2004. By scheduling order dated July 28, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4)an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 28, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15963
M/nal
|
2004-06658
In the Matter of Franky Lopez, appellant, v Laurie Giles, respondent. (Docket No. V-11850-03)
| ORDER TO SHOW CAUSE |
Appeal by Franky Lopez from an order of the Family Court, Westchester County, dated June 22, 2004. By scheduling order dated August 11, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated August 11, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15998
M/nal
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2004-03370
In the Matter of Darien Jermaine M. (Anonymous), Jr. Family Support Systems Unlimited, Inc., et al., respondents; Lashawn R. (Anonymous), appellant. (Docket No. B-15877-02)
| ORDER TO SHOW CAUSE |
Appeal by Lashawn R. from an order of the Family Court, Queens County, dated March 10, 2004. By order dated June 10, 2004, the appellant was granted until July 16, 2004, to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal. The appellant has failed to comply with the 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 order dated June 10, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16028
J/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-06094, 2003-01899
In the Matter of David M. (Anonymous). Angel Guardian Children & Family Services, Inc., et al., respondents; Kelly M. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-7793/99) In the Matter of Joy M. (Anonymous). Angel Guardian Children & Family Services, Inc., et al., respondents; Kelly M. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-7794/99)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated September 13, 2004, in the above-entitled matter is amended by deleting from the first decretal thereof the name "Judge Nora Freeman," and substituting therefor the name "Judge Philip Segal."
RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15997
M/nal
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2004-03346
In the Matter of Jeremiah M. (Anonymous). Family Support Systems Unlimited, Inc., et al., respondents; Lashawn R. (Anonymous), appellant. (Docket No. B-17119/03)
| ORDER TO SHOW CAUSE |
Appeal by Lashawn R. from an order of the Family Court, Queens County, dated March 10, 2004. By order dated June 10, 2004, the appellant was granted until July 16, 2004, to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal. The appellant has failed to comply with the 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 order dated June 10, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15964
M/nal
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2004-04099 In the Matter of Gigi M. Marino, respondent, v Thomas D. Marino, appellant. (Docket No. O-01861-04)
| SCHEDULING ORDER |
Appeal by Thomas D. Marino from an order of the Family Court, Suffolk County, dated April 7, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 6, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until October 15, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15962
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2004-05308 In the Matter of Cynthia Martinez, respondent, v Geraldo Martinez, appellant. (Docket No. F-03051-03)
| SCHEDULING ORDER |
Appeal by Geraldo Martinez from an order of the Family Court, Orange County, dated May 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 14, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M15950
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2004-06641 In the Matter of Dalessa Mc. (Anonymous), appellant. (Docket No. D-5918-04)
| SCHEDULING ORDER |
Appeal by Dalessa Mc. from an order of the Family Court, Kings County, dated July 19, 2004. By decision and order of this court dated September 15, 2004, the following attorney was assigned as counsel on the appeal:
Lawrence A. Salvato, Esq.
P.O. Box 6401
New York, New York 10128
(212) 427-9616;
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the 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 the order of this court dated September 15, 2004, has been served upon the clerk of the court from which the appeal is taken, 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.
Appellate Division: Second Judicial Department
M15961
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2004-04902 In the Matter of Jaquan P. (Anonymous), appellant. (Docket No. D-11935-03)
| SCHEDULING ORDER |
Appeal by Jaquan P. from an order of the Family Court, Nassau County, dated May 4, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 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 respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M15978
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2004-01271 In the Matter of Stephen R. Penn, appellant, v Ingrid M. Penn, respondent. (Docket Nos. V-21834-03, V-21835-03)
| SCHEDULING ORDER |
Appeal by Stephen R. Penn from an order of the Family Court, Queens County, dated January 13, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 8, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
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.
Appellate Division: Second Judicial Department
M15969
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2004-06424
In the Matter of Patricia Perez, respondent, v Mario Villamil, appellant. (Docket No. F-968-96)
| ORDER TO SHOW CAUSE |
Appeal by Mario Villamil from an order of the Family Court, Queens County, dated June 30, 2004. By scheduling order dated July 29, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 29, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15999
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2004-03374
In the Matter of Dashawna R. (Anonymous). Family Support Systems Unlimited, Inc., et al., respondents; Lashawn R. (Anonymous), appellant. (Docket No. B-15876/02)
| ORDER TO SHOW CAUSE |
Appeal by Lashawn R. from an order of the Family Court, Queens County, dated March 10, 2004. By order dated June 10, 2004, the appellant was granted until July 16, 2004, to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on 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 order dated June 10, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15972
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2004-02775 In the Matter of Elesabif S.-P. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant; Martha S. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Isabel P. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant; Martha S. (Anonymous), respondent. (Proceeding No. 2) In the Matter of Tanya P. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant; Martha S. (Anonymous), respondent. (Proceeding No. 3) (Docket Nos. NN-26038-00, NN-26039-00, NN-26040-00)
| SCHEDULING ORDER |
Appeal by Commissioner of Administration for Children's Services of the City of New York from an order of the Family Court, Kings County, dated April 1, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 9, 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.
Appellate Division: Second Judicial Department
M15976
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2004-05940
In the Matter of Ezra Shikarchy, appellant, v Robin Hilsenrath, respondent. (Docket Nos. V-05302-04, V-05303-04, V-05304-04)
| ORDER TO SHOW CAUSE |
Appeal by Ezra Shikarchy from an order of the Family Court, Nassau County, dated June 4, 2004. By scheduling order dated July 28, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 28, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15995
PL/sl
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2004-06765
In the Matter of Anthony Sinisclachi, petitioner, v Erin M. Crotty, respondent. (Index No. 16843/03)
| ORDER ON APPLICATION |
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by an order of the Supreme Court, Nassau County, dated February 13, 2004.
ORDERED that the application is granted and the petitioner's time to perfect the appeal is enlarged until October 15, 2004, and the record or appendix on the appeal and the petitioner'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
M15885
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A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
ROBERT A. SPOLZINO, JJ.
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2004-07604, 2004-07607 In the Matter of Derek Tolbert, appellant, v Tamara Scott, respondent. (Proceeding No. 1) (Docket No. V-20709/03) In the Matter of Sandra Scott, petitioner- respondent, v Tamara Scott, respondent, Derek Tolbert, appellant. (Proceeding No. 2) (Docket No. V-21911/03)
| DECISION & ORDER ON MOTION |
Motion by Derek Tolbert, inter alia, for leave to appeal to this court from two orders of the Family Court, Queens County, both dated August 25, 2004, and to stay all proceedings in the above-entitled proceedings pending hearing and determination of the appeals from the orders.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal from the orders is granted; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the court's own motion, the appellant shall perfect the appeals on or before October 12, 2004, by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal; and it is further,
ORDERED that the petitioner-respondent shall serve and file her brief on or before November 3, 2004; and it is further,
ORDERED that the appellant shall serve and file his reply brief, if any, on or before November 15, 2004.
PRUDENTI, P.J., KRAUSMAN, ADAMS and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16001
PL/sl
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2004-01491
In the Matter of Aaron Tyk, respondent, v New York State Department of Education, appellant. (Index No. 37149/03)
| 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 November 24, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 1, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15974
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2004-01882
In the Matter of Jonathan V. (Anonymous), appellant. (Docket No. D-05007-03)
| ORDER TO SHOW CAUSE |
Appeal by the juvenile from an order of the Family Court, Richmond County, dated January 14, 2004. By decision and order of this court dated August 3, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before September 7, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15965
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2004-03319
In the Matter of Kenneth Adam Noel W. (Anonymous). Pius XII Youth and Family Services, et al., respondents; Tommie W. (Anonymous), appellant. (Docket No. B-2591/00)
| ORDER TO SHOW CAUSE |
Appeal by Tommie W. from an order of the Family Court, Kings County, dated March 15, 2004. By decision and order of this court dated July 12, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before September 10, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15970
M/nal
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2004-01016, 2004-01018 In the Matter of Michael W. (Anonymous). Administration for Children's Services, respondent; Stella W. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-10480/01)
In the Matter of Stella W. (Anonymous). Administration for Children's Services, respondent; Stella W. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-10481/01)
| SCHEDULING ORDER |
Appeals by the mother, Stella W., from two orders of the Family Court, Queens County, both dated December 12, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 10, 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 appeals, shall be served and filed.
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.
Appellate Division: Second Judicial Department
M15959
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2004-03764
In the Matter of Michael Zapken, respondent, v Mary Marshall, appellant. (Docket No. V-2749-93)
| ORDER TO SHOW CAUSE |
Appeal by Mary Marshall from an order of the Family Court, Richmond County, dated April 19, 2004. By decision and order of this court dated August 3, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before September 8, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15622
F/
ANITA R. FLORIO, J.
|
2004-05964
The People, etc., plaintiff, v Geshawn Crittleton, defendant. (Ind. Nos. 2931/91, 2954/91, 5693/91, 7564/91)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated June 1, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ANITA R. FLORIO
Associate Justice
Appellate Division: Second Judicial Department
M15485
F/
HOWARD MILLER, J.
|
2004-06106 The People, etc., plaintiff, v Keith Floyd, defendant. (Ind. No. 7893/97)
| 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 June 17, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
HOWARD MILLER
Associate Justice
Appellate Division: Second Judicial Department
M16024
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2001-10940
The People, etc., respondent, v Edwin Griffin, appellant.
(Index No. 2623/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the County Court, Nassau County, dated November 28, 2001.
ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court on September 14, 2004, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15628
F/
SONDRA MILLER, J.
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2004-06112 The People, etc., plaintiff, v Bryant Hall, defendant. (Ind. No. 1443-01)
| 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 12, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
SONDRA MILLER
Associate Justice
Appellate Division: Second Judicial Department
M15630
F/
DAVID S. RITTER, J.
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2004-06674 The People, etc., plaintiff, v Renita Phifer, defendant. (Ind. No. 13202/94)
| 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 June 21, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
DAVID S. RITTER
Associate Justice
Appellate Division: Second Judicial Department
M15632
F/
DAVID S. RITTER, J.
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2004-05183 The People, etc., plaintiff, v Yani Reznikov, defendant. (Ind. No. 8188/01)
| 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 May 24, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
DAVID S. RITTER
Associate Justice
Appellate Division: Second Judicial Department
M15631
F/
DAVID S. RITTER, J.
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2004-05681 The People, etc., plaintiff, v Garrett Wilson, defendant. (Ind. No. 1881/96)
| 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 June 8, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
DAVID S. RITTER
Associate Justice