Appellate Division: Second Judicial Department
M16410
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2004-01673
Roberto Alfaro, respondent, v Power Test Realty Company, LP, et al., appellants, et al., defendant (and another action). (Index No. 11558/01)
| 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 January 27, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M16359
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2004-05227
Stephen Atanasoff, respondent, v Elmont Union Free School District, appellant. (Index No. 9908/02)
| 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, Nassau County, dated May 5, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 29, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16392
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2004-05980 Erika Bartko, et al., respondents, v Royal Coach Lines, Inc., et al., appellants. (Index No. 718/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 14, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16357
S/sl
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2004-00259
Bubba's Bagels of Wesley Hills, Inc., et al., appellants, v Eric Bergstol, et al., respondents. (Index No. 6501/00)
| 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 a judgment of the Supreme Court, Rockland County, dated October 31, 2003.
ORDERED that the application is granted and the appellants' reply brief, if any, shall be served and filed on or before October 19, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16363
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2004-04875 Subrata Choudhuri, respondent, v International Project Resources, Inc., et al., appellants, et al., defendants. (Index No. 25078/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 28, 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
M16372
J/sl
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2003-10306
Digestive Liver Disease, P.C., appellant, v Sunil Patel, respondent, et al., defendant. (Index No. 12500/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Richmond County, dated September 26, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 30, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16356
A/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
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2000-10282 Alice Laraine Dimery, appellant-respondent, v Ulster Savings Bank, respondent-appellant. (Index No. 230/93)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant on an appeal and cross-appeal from a judgment of the Supreme Court, Putnam County, entered October 26, 2000, to strike stated portions of the appellant-respondent's brief, on the ground that it refers to matter dehors the record, and cross motion by the appellant-respondent, inter alia, to enlarge the record to include a transcript of a hearing before the Supreme Court, Putnam County, dated June 12, 2001.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the cross motion is denied.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16351
Y/sl
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2004-07827 Janet Fashakin, appellant, v Gerald Schneider, a/k/a Jerry Schneider, respondent. (Index No. 14985/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Queens County, dated August 3, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16374
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2004-04153
Rhoda Friedman, appellant, v City of New York, respondent. (Index No. 226/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated March 10, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 28, 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
M16365
Y/sl
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2003-02547 Gihon, LLC, respondent, v 501 Second Street, LLC, appellant. (Index No. 3446/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, inter alia, to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 25, 2003 Calendar", dated November 25, 2003, as dismissed an appeal from an order and judgment of the Supreme Court, Kings County, dated March 13, 2003, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16396
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2004-05136 Walker Gunning, et al., respondents, v Small Feast Caterers, Inc., etc., appellant, et al., defendants. (Index No. 15064/02)
| 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 May 6, 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
M16290
R/sl
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2004-00074 Ashley Z. Huertero, etc., et al., respondents, v Blue Ridge Insurance Company, appellant, Baruch Bluzenstein, defendant. (Index No. 46633/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 4, 2002.
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 the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16385
CF/
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2004-03488 Vera James, appellant, v Jamaica Buses, Inc., et al., respondents. (Index No. 19004/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated April 2, 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
M16383
CF/
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2004-01281 Vincent Lawrence, appellant, v Roxbury Homes, Ltd., et al., respondents. (Index No. 20361/01)
| 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 December 18, 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
M16369
CF/
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2004-02187
Gustavo Loja, plaintiff, v King Buffet, et al., defendants, Alston Quality Industries, Inc., defendant second third-party plaintiff-respondent; Austen Furniture 1992 O/B 982636 Ontario, Inc., i/s/a Austen Furniture, second third-party defendant-appellant (and a third party action). (Index No. 9540/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 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
M16403
CF/
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2004-04272 Raymond Melanson, plaintiff-respondent, v Yonkers General Hospital, et al., defendants, Gracia Lebrun, M.D., P.C., appellant. (Index No. 5053/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated April 5, 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
M16384
CF/
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2004-02967 Eliott H. Miner, et al., respondents-appellants, v Patrick Kieran, et al., appellants-respondents. (Index No. 11107/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondents and the respondents-appellants to withdraw an appeal and a cross appeal from an order of the Supreme Court, Nassau County, dated March 3, 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 and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16402
CF/
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2004-02594 Plateau Associates, LLC, appellant, v Ettore Santucci, et al., respondents. (Index No. 17865/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 10, 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
M16362
S/sl
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2004-02633
Marthe Qualben, respondent, v Bruno Aiello, et al., appellants, et al., defendants. (Index No. 2128/03)
| 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 February 17, 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
M16387
CF/
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2004-03247 Jeff S. Roth, respondent, v Commercial Wiring, Inc., et al., appellants. (Index No. 16886/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated February 18, 2004.
Upon the stipulation of the parties, dated September 22, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16364
J/sl
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2004-01701
Khalida Shaheen, et al., appellants, v Webster Realty Associates, respondent. (Index No. 11641/03)
| 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 30, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 18, 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
M16360
S/sl
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2003-10263 Mary Lou Sowa, respondent, v S.J.N.H. Realty Corp., et al., defendants third-party plaintiffs respondents-appellants; Procopo, Inc., etc., et al., third-party defendants appellants-respondents. (Index No. 18063/98)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated October 28, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 27, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16334
S/sl
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2004-02627 Victoriano Taveras, et al., appellants, v Rafael Sanmarin, respondent. (Index No. 8147/03)
| DECISION & 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 February 10, 2004.
Upon the papers filed in support of the application 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 the order is not appealable as of right and we decline to grant leave to appeal (see Bagdy v Progresso Foods Corp., 86 AD2d 589); and it is further,
ORDERED that the application is denied as academic.
ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16394
CF/
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2004-06800 Utica Mutual Insurance Company, appellant, v Calltrol Corporation, etc., respondent. (Index No. 8639/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 7, 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
M16361
J/sl
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2004-00905 Bernice G. Valerio, et al., plaintiffs-respondents, v Dupont Associates, Inc., defendant-appellant, Dan's Supreme Supermarkets, Inc., defendant- respondent, T & G Contracting, Inc., defendant third-party plaintiff-respondent; P.R. Iron Works, third-party defendant/second third-party plaintiff- respondent; US #1 Contracting Corporation, second third-party defendant-appellant. (Index No. 2611/97)
| ORDER ON APPLICATION |
Applications by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Queens County, dated December 12, 2003.
ORDERED that the applications are granted and the appellants' time to perfect the appeals is enlarged until November 26, 2004, and the joint record or joint appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16388
CF/
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2004-02559 Vernostics, Inc., et al., appellants, v Christopher Etts, et al., respondents (and a third-party action). (Index No. 30691/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Suffolk County, dated March 1, 2004.
Upon the stipulation of the parties, dated September 22, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16367
J/sl
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2004-00242
Robert J. Zysk, appellant, v Fidelity Title Insurance Company of New York, et al., respondents. (Index No. 23430/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated December 3, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 20, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16371
CF/
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2004-07864 In the Matter of Patricia Albertina, respondent, v Robert Catalano, appellant. (Docket No. F-2840-04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated July 21, 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
M16325
S/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
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2004-03076
In the Matter of Allstate Insurance Company, petitioner-respondent, v Andre Paul Vernet, respondent, Orville Meyers, et al., respondents- respondents, Quincy Mutual Fire Insurance Company, appellant. (Index No. 5417/03)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Kings County, entered February 24, 2004.
Upon the papers filed in support of the application 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 no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further
ORDERED that the application is denied as academic.
RITTER, J.P., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16323
S/sl
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2004-02525
In the Matter of Robert D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Stephania D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Mary D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 3) In the Matter of Gilbert D. (Anonymous), Jr. Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 4) In the Matter of Tabitha D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 5) (Docket Nos. N-03052/03, N-03053/03, N-03054/03, N-03055/03, N-03056/03)
| DECISION & ORDER ON APPLICATION |
Application by the respondent Rita R. pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Dutchess County, dated March 4, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the time of the respondent Rita R. to serve and file a brief is enlarged until October 25, 2004, and that respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16324
S/sl
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2004-04433, 2004-04434 In the Matter of Anthony G. (Anonymous). St Christopher Ottilie, et al., respondents; Anna M. (Anonymous), appellant. (Docket Nos. B-1880/02, G-11438/04, N 1041/00, V-11441/04, V-11442/04)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to perfect appeals from two orders of the Family Court, Kings County, dated April 7, 2004, and May 17, 2004, respectively.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until October 25, 2004; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16322
S/sl
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2004-02135 In the Matter of Miriam Leyberman, respondent, v Lew Leyberman, appellant. (Docket No. F-023008-01)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to perfect an appeal from an order of the Family Court, Kings County, dated December 29, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and 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 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until October 15, 2004; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13148
M/nal
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2004-04893 In the Matter of Michael Mantila, respondent, v Jennifer Mantila, appellant. (Docket No. V-3567-03)
| SCHEDULING ORDER |
Appeal by Jennifer Mantilla from an order of the Family Court, Orange County, dated June 14, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 45 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 45 days of the date of this scheduling order; and it is further,
ORDERED that within 20 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 20 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 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M16376
J/sl
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2003-09295
In the Matter of Joan A. Meaders, etc., petitioner-respondent, v David Jones, appellant, et al., respondents.
(Index No. 53261/01)
| ORDER ON APPLICATION |
Application by the petitioner-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 Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated June 24, 2003.
ORDERED that the application is granted and the petitioner-respondent's time to serve and file a brief is enlarged until October 22, 2004, and the petitioner-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
M16355
S/nal
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2003-09963
In the Matter of New York Central Mutual Fire Insurance Company, respondent, v Jorge Aguirre, et al., appellants. (Index No. 9622/03)
| 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, entered October 14, 2003.
ORDERED that the application is granted and the respondent's brief shall be served and filed on or before September 30, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16329
S/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
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2004-08075 In the Matter of Sylvia Faison Price, respondent, v Jason Raynard Price, appellant. (Docket No. F-01495-02)
| DECISION & ORDER ON MOTION |
Appeal by Jason Raynard Price from an order of the Family Court, Richmond County, dated August 11, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from the subject order (see Family Ct Act § 439[e]).
RITTER, J.P., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16321
S/nal
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2003-10642
In the Matter of Alba Lucia Ring, respondent- appellant, v John D. Ring, appellant-respondent. (Docket No. V-15385/01)
| DECISION & ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Queens County, dated October 29, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, on or before October 15, 2004 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16393
S/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-02812
In the Matter of Mihail Tutuianu, respondent- appellant, v New York State Office of Temporary & Disability Assistance, et al., appellants- respondents; Human Resources Administration, respondent. (Docket No. 14001/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated September 15, 2004, in the above-entitled matter is amended by deleting from the caption thereof Appellate Division Docket No. "2004-03631", and substituting therefor Appellate Division Docket No. "2004-02812".
RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16347
CF/
|
2004-05419 In the Matter of Mari Weisbard, et al., appellants, v Tracy Misset, respondent. (Docket No. V-01284-99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Family Court, Westchester County, dated May 24, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16337
M/nal
DAVID S. RITTER, J. P.
SONDRA MILLER
WILLIAM A. MASTRO
STEVEN W. FISHER, JJ.
|
2004-03019 In the Matter of Westchester County Department of Social Services, o/b/o Lisa A. Sammons, respondent, v Gregory Andrew Mordas, appellant. (Docket No. F-04772-03)
| DECISION & ORDER ON MOTION |
Appeal by Gregory Andrew Mordas from an order of the Family Court, Westchester County, dated March 24, 2004. By order dated July 29, 2004, the appellant was granted until September 7, 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 appeal is dismissed, without costs or disbursements.
RITTER, J.P., S. MILLER, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16317
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-10875 The People, etc., respondent, v Ronald M. Ackridge, appellant. (Ind. No. 03-00573)
| 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, Westchester County, rendered October 8, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., CRANE, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 5497
Riverview Corr. Fac.
Box 158
Ogdensburg, New York 13669
Appellate Division: Second Judicial Department
M16182
F/
PETER B. SKELOS, J.
|
2004-05027
The People, etc., plaintiff, v Maurice Bacote, defendant. (Ind. No. 00-00306)
| 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, Rockland County, dated May 6, 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.
PETER B. SKELOS
Associate Justice
Appellate Division: Second Judicial Department
M16375
J/sl
|
2003-04393
The People, etc., respondent, v Dante Cirigliano, appellant. (Ind. No. 02-00224)
| 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, Rockland County, rendered May 6, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 3, 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
M16305
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-05918 The People, etc., respondent, v Selwyn Days, appellant. (Ind. No. 01-00469)
| DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes |
Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the County Court, Westchester County, rendered June 21, 2004, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that that branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,
ORDERED that the motion is otherwise granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); retained counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the Trial Court is directed to reproduce a copy thereof for retained counsel; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged.
ADAMS, J.P., CRANE, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
H. Mitchell Schuman
Sally Wasserman of Counsel
Shuman, Abramson, Morak & Wolk
35 Worth Street
New York, New York 10013
Appellate Division: Second Judicial Department
M16302
F/
FRED T. SANTUCCI, J.
|
2004-07201
The People, etc., plaintiff, v Eric DeBerry, defendant. (Ind. No. 6281/99)
| 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 Supreme Court, Kings County, entered June 23, 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.
FRED T. SANTUCCI
Associate Justice
Appellate Division: Second Judicial Department
M16303
F/
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-04018 The People, etc., respondent, v Daniel Felice, appellant. (Ind. No. 44/04)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered April 22, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on July 14, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
David Goodman, Esq.
Public Defender
22 Market Street
Poughkeepsie, New York 12601
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Yasmin Daley-Duncan, Esq.
218 Smith Street
Brooklyn, New York 11201
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that 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.
RITTER, J.P., KRAUSMAN, GOLDSTEIN, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 2455
Clinton Corr. Fac.
Route 374, Cook St.
P.O. Box 2000
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M15913
F/
DAVID S. RITTER, J.P..
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-05631 The People, etc., respondent, v Joseph Gambetta, appellant. (S.C.I. No. 445/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a determination of the Supreme Court, Queens County, dated June 14, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Kings County, continues on appeal; 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 in this action, 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 each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 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 the filing fee is waived (see CPLR 1103[d]); 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.
RITTER, J.P., KRAUSMAN, GOLDSTEIN, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16280
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-01464 The People, etc., respondent, v Tito Greene, appellant. (Ind. No. 877/02)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Nassau County, rendered February 9, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on April 12, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Joseph DeFelice, Esq.
123-60 83rd Avenue - Suite 1V
Kew Gardens, New York 11415
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Martin Goldberg, Esq.
P.O. Box 326
Franklin Square, New York 11010
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that 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.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16306
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-01998
The People, etc., respondent, v Michael Haynes, appellant.
(Ind. No. 2056-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered February 10, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
ADAMS, J.P., CRANE, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 0932
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M16312
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-04567
The People, etc., respondent, v Christopher Lathrop, appellant. (Ind. No. 03-00537)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered May 6, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16309
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-06695
The People, etc., respondent, v Erick Martinez-Ramos, appellant.
(Ind. No. 2735/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered July 26, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
The Legal Aid Society
199 Water - 5th Floor
New York, New York 10038
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., CRANE, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
Please make inquiry to the State Inmate Locator
New York State Department of Correctional Services
Telephone: (518) 457-0043
Appellate Division: Second Judicial Department
M16332
S/nal
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-08173
The People, etc., respondent, v Ronald Mayo, appellant. (Ind. Nos. 6588/03, 7284/03)
| ORDER TO SHOW CAUSE |
Appeal by Ronald Mayo from an order of the Supreme Court, Kings County, dated July 22, 2004.
Now, upon the court's own motion, it is
ORDERED that the appellant show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated July 22, 2004, is not appealable by right or by permission (see CPL 450.10; 450.15) by filing an affidavit or affirmation on that issue with the Clerk of this court on or before October 15, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, by ordinary mail pursuant to CPL 470.60(2), and upon the appellant's attorney and the District Attorney, by regular mail.
ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16373
CF/
|
2002-09625
The People, etc., respondent, v Clemente Medina, appellant. (Ind. No. 18861/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the County Court, Suffolk County, rendered September 12, 2002.
Upon the stipulation of the parties, dated September 22, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16314
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-04516
The People, etc., respondent, v Carlos Ruiz, appellant. (Ind. No. 10120/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered April 14, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16282
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-01203 The People, etc., respondent, v Jay Raymond Satiro, appellant. (S.C.I. No. 99-00638)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from an amended judgment of the County Court, Westchester County, rendered October 15, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on July 22, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Michael G. Paul, Esq.
305 Broadway - Suite 602
New York, New York 10007
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Raymond E. Kerno, Esq.
1527 Franklin Avenue
Mineola, New York 11501
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that 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.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
3 Woodlawn Avenue
New Rochelle, New York 10804
Appellate Division: Second Judicial Department
M16181
F/
STEVEN W. FISHER, J.
|
2004-06675
The People, etc., plaintiff, v Terell Storey, defendant. (Ind. No. 753/95)
| 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 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.
STEVEN W. FISHER
Associate Justice
Appellate Division: Second Judicial Department
M16292
F/
FRED T. SANTUCCI, J.
|
2004-06375
The People, etc., plaintiff, v Robert Wiggins, defendant. (Ind. No. 01-00622)
| 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, Orange County, dated May 27, 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.
FRED T. SANTUCCI
Associate Justice
Appellate Division: Second Judicial Department
M16319
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2002-10945 The People, etc., respondent, v Robert A. Williams, appellant. (Ind. No. 02-00330)
| 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, Orange County, rendered August 28, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., CRANE, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
02 A 5013
Cayuga Corr. Fac.
Box 1186
Moravia, New York 13118