Appellate Division: Second Judicial Department

M30639

F/

2005-04964 Justine Abubakari, respondent, v 185-225 Park Hill Corp., et al, appellants. (Index No. 10302/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated March 25, 2005.

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ORDERED that the application is granted and the appeal is marked withdrawn.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

M30646

F/

2005-03114 Beneficial Mortgage Corporation, respondent, v Carl Lawrence, et al., appellants. (Index No. 15880/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated March 24, 2005.

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ORDERED that the application is granted and the appeal is marked withdrawn.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

M30637

F/

2005-03564 Nilda Burgos, et al., appellants, v New York City Transit Authority, respondent. (Index No. 49870/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 18, 2005.

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ORDERED that the application is granted and the appeal is marked withdrawn.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

M30705

T/sl

2005-03101 Jacques Bycinthe, respondent, v Koulla Kombos, et al., appellants, et al., defendant. (Index No. 6227/03)

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 December 10, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 25, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30664

A/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

GLORIA GOLDSTEIN, JJ.

2004-01667 Salvatore A. Cataldo, appellant, v Incorporated Village of Mineola, et al., respondents. (Index No. 29399/99)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated January 14, 2004, which was determined by decision and order of this court dated May 16, 2005.

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

ORDERED that the motion is denied, with $100 costs.

H. MILLER, J.P., CRANE, RITTER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30661

E/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

DANIEL F. LUCIANO, JJ.

2004-05590, 2004-05820, 2004-06880 William Danielson, et al., respondents, v Jameco Operating Corp., defendant third-party plaintiff-appellant-respondent; Adonia Pizza Corp., third-party defendant-respondent-appellant (and a second third-party action). (Index Nos. 18980/00, 350051/01, 350617/01)

DECISION & ORDER ON MOTION

Motion by Jameco Operating Corp., the defendant third-party plaintiff-appellant-respondent, for leave to reargue appeals from two orders of the Supreme Court, Queens County, dated May 27, 2004, and July 16, 2004, respectively, which were determined by decision and order of this court dated July 11, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

CRANE, J.P., RITTER, GOLDSTEIN and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30572

F/

2005-06048 Joan Drury, appellant, v Stop & Shop Supermarket, et al., respondents. (Index No. 9405/03)

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 May 12, 2005.

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

M30698

T/sl

2005-03063 Janet Duffy, respondent, v James Duffy, appellant. (Index No. 9311/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, entered February 23, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 25, 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

M29955

F/

2005-03960 Regina Fay, et al., respondents, v Marycrest Corp., et al., appellants. (Index No. 7715/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated March 14, 2005.

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

M30573

F/

2005-06040 Douglas J. Fillis, respondent, v Old Lamp Post, Incorporated, et al., appellants. (Index No. 18775/02)

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 May 4, 2005.

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

M30712

J/sl

2005-03070 Mary Frost, appellant, v William A. Goldberg, respondent. (Index No. 28465/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 4, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 4, 2005, 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

M30685

J/sl

2005-04181 Stephanie Gallagher, et al., respondents, v Rafael V. Roman, defendant, Julio Reyes, appellant. (Index No. 14354/03)

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, Westchester County, dated March 28, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 20, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30709

J/sl

2005-02823 Anastasios Glantzis, appellant, v Felix Padilla, Jr., et al., respondents. (Index No. 36392/02)

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 amended order and judgment (one paper) of the Supreme Court, Kings County, dated December 7, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 25, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30710

J/sl

2005-03211 Incorporated Village of Hempstead, respondent, v Village Video, Inc., et al., appellants. (Index No. 16009/04)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 23, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 29, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30703

T/sl

2005-03170 Intrepid Reports, Inc., appellant, v County of Suffolk, et al., respondents. (Index No. 96-29915)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated January 3, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 24, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30715

E/sl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-04776 Prabhjo Kaur, respondent, v Ravinder Pal Singh, appellant. (Index No. 12324/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, dated February 3, 2005, for leave to prosecute the appeal as a poor person and for leave to reargue those branches of his prior motion which were, inter alia, in effect, to stay stated portions of the judgment pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and 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 motion is otherwise denied.

SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30620

A/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-10710 Mussarat Khan, etc., respondent, v Bangla Motor and Body Shop, Inc., et al., defendants, A.G.A. Data Service Co., Inc., et al., appellants. (Action No. 1) (Index No. 3507/02) 2005-02193 Mohammed N. Islam, et al., respondents, v Bangla Motor and Body Shop, Inc., A.G.A. Data Service Co., Inc., et al., appellants. (Action No. 2) (Index No. 4498/03)

DECISION & ORDER ON MOTION

Motion by the appellants to calendar appeals from two orders of the Supreme Court, Queens County, dated October 26, 2004, and January 27, 2005, respectively, on the same day.

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, the appeals shall be calendared together, and shall be argued or submitted on the same day.

S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30574

F/

2005-02534 Ellen T. Martinez, plaintiff-respondent, v Incorporated Village of Floral Park, respondent-appellant; Sizzler Restaurant, appellant-respondent; Rayn Investigative Agency, et al., nonparty respondents. (Index No. 9957/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 1, 2005.

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 by the appellant-respondent is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30655

F/

2005-04344 NYCTL 1998-1 Trust, respondent, v Alan Drezin, defendant; Sylvia Coleman, appellant. (Index No. 37700/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated March 30, 2005.

Upon the stipulation of the parties, dated September 14, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30632

F/

2005-04354 Blanche Narby, appellant, v Howard D. Sobel, et al., defendants; Thomas T. Janover, respondent. (Index No. 11405/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 4, 2005.

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

M30696

T/sl

2005-00633 David Pambianchi, appellant, v Jayne Goldberg, respondent. (Index No. 15375/98)

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 November 23, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 4, 2006, 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

M30647

F/

2005-04363 Luis F. Pinglo, et al., respondents, v Jean C. LeRouge, et al., appellants. (Index No. 15920/03)

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 March 24, 2005.

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

M30653

F/

2005-06187 Angela Randazzo, plaintiff-respondent, v Queens Fruit Corp., et al., appellants; Juster Associates, defendant-respondent. (Index No. 40870/04)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated April 15, 2005.

Upon the stipulation of the parties, dated August 16, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30713

J/sl

2005-01637, 2005-05795 Faye Schenkman, et al., appellants, v New York College of Health Professionals, etc., et al., respondents. (Index No. 9629/03)

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 appeals from two orders of the Supreme Court, Nassau County, dated

January 3, 2005, and May 12, 2005, respectively.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 7, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30671

A/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-11018, 2004-03903 Sears, Roebuck and Co., appellant, v Zurich North America Insurance Company, et al., respondents. (Index No. 2448/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue appeals from two orders of the Supreme Court, Westchester County, entered November 3, 2003, and March 29, 2004, respectively, which were determined by decision and order of this court dated April 25, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30700

Y/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

MARK C. DILLON, JJ.

2005-08437 Shaub, Ahmuty, Citrin & Spratt, LLP, appellant, v New York City Transit Authority, respondent. (Index No. 205/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated August 24, 2005.

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

ORDERED that the motion is denied.

H. MILLER, J.P., SANTUCCI, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30656

F/

2005-04889 Marina Tabach, respondent, v Albert Cavale & Tuscan/Lehigh Dairies, Inc., appellant. (Index No. 9210/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated April 8, 2005.

Upon the stipulation of the parties, dated July 27, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30644

F/

2005-02311 Robert Thompson, respondent, v New York Methodist Hospital, et al., respondents; Access Elevator, Ltd., appellant. (Index No. 42167/02)

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 January 19, 2005.

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

M30628

F/

2005-08073 John Tkacsik, et al., plaintiffs-respondents, v Merrill Lynch & Co., Inc., appellant; ABM Engineering Services Company, et al., third-party defendants-respondents. (Index No. 48976/03)

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 July 7, 2005.

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

M30701

T/sl

2005-03090 Universal Bonding Insurance Company, et al., respondents, v Phoenix Wrecking Corporation, et al., defendants, Karl Schwab, et al., appellants. (Index No. 44452/01)

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, Kings County, dated January 14, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 22, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30695

J/sl

2005-07019, 2005-07752 Carlos Vasquez, appellant, v Transwestern Lexington, LLC, et al., defendants-respondents, Wonder Works Construction Corp., defendant third-party plaintiff-respondent; Avian Construction Corp., third-party defendant-respondent. (Index No. 15478/01)

ORDER ON APPLICATION

Joint application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on appeals from two orders of the Supreme Court, Kings County, dated May 21, 2003, and June 30, 2005, respectively.

ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until October 26, 2005, and the respondents' 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

M30648

F/

2005-02979 Fernando Viegas, respondent, v Filomena Tavares, appellant. (Index No. 4878/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a decision of the Supreme Court, Westchester County, dated February 22, 2005.

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

M30627

A/sl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

FRED T. SANTUCCI

WILLIAM F. MASTRO, JJ.

2004-03883 In the Matter of Myles B. (Anonymous). Sonia Barcarcel, nonparty-appellant. (Docket No. D-21413/03)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant for leave to reargue an appeal from an order of the Family Court, Queens County, dated February 10, 2004, which was determined by decision and order of this court dated July 5, 2005.

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

ORDERED that the motion is denied.

SCHMIDT, J.P., S. MILLER, SANTUCCI and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30651

F/

2005-04032 In the Matter of Thomas Burt, appellant, v Monique Daloia, respondent. (Docket No. V-03464-01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Dutchess County, dated March 3, 2005.

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

M30702

M/nal

2005-01512, 2005-01513 In the Matter of Jessica C. (Anonymous), appellant. (Docket No. D-05307/04)

SCHEDULING ORDER

Appeals by Jessica C. from two orders of the Family Court, Richmond County, dated December 29, 2004, and January 18, 2005, respectively. 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 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until October 24, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30633

M/nal

HOWARD MILLER, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

MARK C. DILLION, JJ.

2004-03333, 2004-03334 In the Matter of Christyn Ann D. (Anonymous). Suffolk County Department of Social Services, respondent; Howard D. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Stefanie Lynn D. (Anonymous). Suffolk County Department of Social Services, respondent; Charlotte D. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket Nos. B-17042-02, B-17045-02)

SCHEDULING ORDER

Separate appeals by Charlotte D. and Howard D. from two orders of the Family Court, Suffolk County, dated January 23, 2004, and March 29, 2004, respectively. The appellants' separate briefs were filed in the office of the Clerk of this court on June 10, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the appellant Charlotte D. to serve and file a reply brief on her appeal is enlarged until October 19, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

H. MILLER, J.P., SANTUCCI, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30689

M/nal

2005-03221, 2005-03224 In the Matter of Jermaine D. (Anonymous), appellant. (Docket Nos. E-14852-02, D-37153-04)

SCHEDULING ORDER

Appeals by Jermaine D. from two orders of the Family Court, Kings County, both dated March 2, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until October 14, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30640

M/nal

2005-07517 In the Matter of Renee Elizabeth D. (Anonymous). Westchester County Department of Social Services, respondent; Jessica D. (Anonymous), appellant. (Docket No. B-1968-05)

ORDER TO SHOW CAUSE

Appeal by Jessica D. from an order of the Family Court, Westchester County, dated June 7, 2005. By scheduling order dated August 16, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated August 16, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 14, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30667

M/nal

2005-07564 In the Matter of Sekou E. (Anonymous). Gregory E. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Ruth C. (Anonymous), respondent, v Gregory E. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N- 2289/99, V-12832/03)

ORDER TO SHOW CAUSE

Appeal by Gregory E. from an order of the Family Court, Queens County, dated May 6, 2005. By scheduling order dated August 16, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated August 16, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 14, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30711

J/sl

2005-02308 In the Matter of Carmen H. (Anonymous). Grace H. (Anonymous), petitioner-respondent; Thomas H. (Anonymous), appellant; Anthony J. Lamberti, etc., nonparty-respondent. (Index No. 100026/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated December 14, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 3, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30626

M/nal

HOWARD MILLER, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

MARK C. DILLION, JJ.

2005-00428 In the Matter of Jasmine Hall, petitioner-respondent, v Orange County Department of Social Services, respondent, Kevin Mays, appellant. (Docket Nos. V-02726-04, V-02727-04)

SCHEDULING ORDER

Appeal by Kevin Mays from an order of the Family Court, Orange County, dated December 16, 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 30, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

H. MILLER, J.P., SANTUCCI, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30704

M/nal

2005-01854, 2005-01858 In the Matter of Chris L. (Anonymous), appellant. (Docket No. D-13931-04)

SCHEDULING ORDER

Appeals by Chris L. from two orders of the Family Court, Queens County, dated November 4, 2004, and January 19, 2005, respectively. 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 appeals 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 appeals is enlarged until October 24, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30596

A/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

MARK C. DILLON, JJ.

2005-08748 In the Matter of Michael L. (Anonymous), appellant; Salil Kathpalia, etc., respondent. (Index No. 15/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Orange County, dated September 7, 2005, pending hearing and determination of an appeal therefrom, for a preference in the calendaring of the appeal, and for leave to prosecute the appeal on the original papers.

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

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

ORDERED that enforcement of the order dated September 7, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 1, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 1, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 respondent shall serve and file his brief on or before November 22, 2005; and it is further,

ORDERED that the appellant shall serve and file his reply brief, if he shall be so advised, on or before November 29, 2005; and it is further,

ORDERED that the a preference in the calendaring of the appeal is granted, and the appeal shall be calendared when it is fully perfected.

H. MILLER, J.P., SANTUCCI, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30480

F/

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2005-05010 In the Matter of Chantal M. (Anonymous). Administration for Children's Services, respondent; Leonel M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Gleacy M. (Anonymous). Administration for Children's Services, respondent; Leonel M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Glendyann M. (Anonymous). Administration for Children's Services, respondent; Leonel M. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-15769-03, N-15770-03, N-15771-03)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Renewed motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated May 6, 2005, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Edward E. Caesar, Esq.

26 Court Street - Suite 2401

Brooklyn, New York 11201-4404

(718) 246-2712

and it is further,

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

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

FLORIO, J.P., CRANE, RITTER, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30630

M/nal

HOWARD MILLER, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

MARK C. DILLION, JJ.

2005-01498 In the Matter of Caleb P. (Anonymous). Orange County Department of Social Services, et al., respondents; Anthony W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dylan P. (Anonymous). Orange County Department of Social Services, et al., respondents; Anthony W. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Misty P. (Anonymous). Orange County Department of Social Services, et al., respondents; Anthony W. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Molly P. (Anonymous). Orange County Department of Social Services, et al., respondents; Anthony W. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Sean P. (Anonymous). Orange County Department of Social Services, et al., respondents; Anthony W. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Tyler P. (Anonymous). Orange County Department of Social Services, et al., respondents; Anthony W. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-888/04, N-889/04, N-890/04, N-891/04, N-892/04, N-893/04)

SCHEDULING ORDER

Appeal by Anthony W. From an order of the Family Court, Orange County, dated June 4, 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 30, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

H. MILLER, J.P., SANTUCCI, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30602

A/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-11083 In the Matter of John Robert Pearsall, appellant, v Vito Cornacchio, respondent. (Docket Nos. V-15927/04, F-15928/04, P-15928/04)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Family Court, Suffolk County, entered December 13, 2004, to strike portions of the appellant's reply brief, on the ground that it refers to matter dehors the record.

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

ORDERED that the motion is denied.

H. MILLER, J.P., GOLDSTEIN, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30699

C/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-11002 In the Matter of Linda Recard, appellant, v Anthony Polite, respondent. (Docket No. F-06975-00)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this court dated June 29, 2005, which dismissed an appeal from an order of the Family Court, Kings County, dated November 15, 2004, for failure to comply with a scheduling order dated April 19, 2005, issued pursuant to 22 NYCRR 670.4(a)(2), to reinstate the appeal, to enlarge the time to perfect the appeal, and for leave to prosecute the appeal as a poor person.

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

ORDERED that the branches of the motion which are to recall and vacate the decision and order on motion of this court dated June 29, 2005, and to reinstate the appeal are denied; and it is further

ORDERED that the motion is otherwise denied as academic.

KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30686

T/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-10759 In the Matter of University Towers Associates, petitioner, v Pat Ethel Senior, respondent. (Index No. 63419/01)

DECISION & ORDER ON MOTION

Motion by Pat Ethel Senior, inter alia, for leave to reargue a motion for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated September 29, 2004, which was determined by decision and order on motion of this court dated January 13, 2005.

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

ORDERED that the motion is denied.

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30688

M/nal

2005-07632 In the Matter of Maggy Villard, respondent, v Marcel Maruis Benoit, appellant. (Docket No. F-01661/03)

ORDER TO SHOW CAUSE

Appeal by Marcel Maruis Benoit from an order of the Family Court, Kings County, dated June 27, 2005. By scheduling order dated August 17, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated August 17, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 14, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30642

M/nal

2005-07553 In the Matter of Corey W. (Anonymous). Suffolk County Department of Social Services, respondent; John S. W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Kaila W. (Anonymous). Suffolk County Department of Social Services, respondent; John S. W. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-22042-04, N-22043-04)

ORDER TO SHOW CAUSE

Appeal by John S. W. from an order of the Family Court, Suffolk County, dated June 24, 2005. By scheduling order dated August 15, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated August 15, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 14, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30590

M/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05996 In the Matter of Howard J. Wunderlich, admitted as Howard Jeffery Wunderlich, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Howard J. Wunderlich, respondent. (Attorney Registration No. 2133122)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Tenth Judicial District for an order: immediately suspending the respondent from continuing to practice law due to his claimed medical infirmity or illness, pursuant to 22 NYCRR 691.13(c), pending a determination of his capacity to continue to practice law, or, in the alternative, directing that the respondent be examined by a qualified medical expert to determine whether respondent is incapacitated from practicing law by reason of medical infirmity or illness and, if it is concluded that the respondent is so incapacitated, that an order be entered suspending him on the ground of such disability for an indefinite period. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 27, 1987, under the name Howard Jeffrey Wunderlich.

Upon the papers submitted in support of the motion and no papers having been submitted in opposition thereto, it is

ORDERED that on the court's own motion, the Grievance Committee for the Tenth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against Howard J. Wunderlich, admitted as Howard Jeffery Wunderlich, based upon the allegations set forth in the Grievance Committee's notice of motion dated June 7, 2005; and it is further,

ORDERED that Faith Lorenzo, Chief Counsel to the Grievance Committee for the Tenth Judicial District, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that the petitioner Grievance Committee shall serve on the respondent, and shall file with this court, a petition within 60 days after receipt of a copy of this decision and order on motion; and it is further,

ORDERED that the respondent is directed to serve an answer to the petition within 20 days after service of the petition upon him and to file the original answer with the Clerk of this court; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to John P. Clarke, Esq., 35 Broad St., Williston Park, N.Y. 11596, as Special Referee to hear and to submit a report within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda; and it is further,

ORDERED that the Grievance Committee's motion is granted to the extent that the respondent is suspended, pursuant to 22 NYCRR 691.13(c), based on his claimed medical disability, until a determination is made of his capacity to continue to practice law; and it is further,

ORDERED that if the respondent, Howard J. Wunderlich, admitted as Howard Jeffery Wunderlich, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f); and it is further,

ORDERED that the respondent is directed to be expeditiously examined by a qualified medical expert, to be arranged for by Chief Counsel for the Grievance Committee for the Tenth Judicial District within 30 days of this order, to determine whether the respondent is incapacitated from continuing to practice law pursuant to 22 NYCRR 691.13(b)(1); and it is further,

ORDERED that the disciplinary proceeding is held in abeyance pending receipt of the medical expert's report and a determination of the respondent's capacity to practice law.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30638

M/nal

2005-07225 In the Matter of Veronica J. Young, o/b/o Jeremy Frankel, et al., respondent, v Joshua Frankel, appellant. (Docket No. V-1641-04)

ORDER TO SHOW CAUSE

Appeal by Joshua Frankel from an order of the Family Court, Rockland County, dated July 1, 2005. By scheduling order dated August 16, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated August 16, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 14, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30691

F/

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2003-03505 The People, etc., respondent, v Matthew Bradley, appellant. (Ind. No. 2484/01)

DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes

Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Queens County, rendered March 12, 2003, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.

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

ORDERED that the branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,

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

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

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

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

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

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

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

ORDERED that in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

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

S. MILLER, J.P., RITTER, RIVERA, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

Warren S. Hecht, Esq.

118-21 Queens Blvd.

Forest Hills, New York 11375

Appellate Division: Second Judicial Department

M30716

J/sl

2004-03840 The People, etc., respondent, v Calvin L. Dallas, Jr., appellant. (Ind. No. 116/03)

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 a judgment of the County Court, Dutchess County, rendered April 23, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 5, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30662

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05355 The People, etc., respondent, DECISION & ORDER v Carlos Diaz, appellant. (Ind. No. 2516-93)

ON MOTION Motion Pro se to Relieve Counsel of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered May 10, 2005, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on July 20, 2005, and the following named attorney was assigned to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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

ORDERED that the motion is granted; previously 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 to prosecute the appeal:

Debra Ann Urbano, Esq.

15 Whitney Drive

Amityville, New York 11701

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 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 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., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30672

F/

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-06940 The People, etc., respondent, v Enrique Feliciano, appellant. (Ind. No. 1716/00)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered June 29, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

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

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

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

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

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

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

The Legal Aid Society

199 Water Street - 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.

H. MILLER, J.P., ADAMS, SPOLZINO, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 R 3049

Ulster Corr. Fac.

P.O. Box 800 - Berme Road

Napanoch, New York 12458

Appellate Division: Second Judicial Department

M30679

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-07218 The People, etc., respondent, v Luis Gonzalez, appellant. (Ind. No. 2448/04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered July 14, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

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

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

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

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

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

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

The Legal Aid Society

199 Water Street - 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.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 R 3234

Lakeview Corr. Fac.

P. O. Box T

Brocton, New York 14716

Appellate Division: Second Judicial Department

M30659

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06344 The People, etc., respondent, v Kenneth Harvey, appellant. (Ind. No. 04-00329)

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, Rockland County, rendered June 2, 2005. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on August 23, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

James Licata

Office of the Public Defender

11 New Hemstead Road

New City, New York 10956-3664

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

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

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

Ronnie Gonzalez, Esq.

P.O. Box 623

West Haverstraw, New York 10993

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 if 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., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 2903

Wyoming Corr. Fac.

P.O. Box 501 (Dunbar Road)

Attica, New York 14011

Appellate Division: Second Judicial Department

M30687

F/

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-09319, 2005-02933 The People, etc., respondent, v Edward Jamison, appellant. (Ind. No. 1563/98)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute appeals from an order of the Supreme Court, Queens County, dated September 27, 2004, and a resentence of the same court, imposed February 17, 2005. The appellant's motion for leave to prosecute the appeals as a poor person and for the assignment of counsel was granted on August 8, 2005, and the following named attorney was assigned as counsel to prosecute the appeals:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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

ORDERED that the motion is granted, and 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 appeals:

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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 if 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 appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.), and written directions.

S. MILLER, J.P., RITTER, RIVERA, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

99 A 3713

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582

Appellate Division : Second Judicial Department

M30408

F/

ROBERT A. SPOLZINO, J.

2005-06891 The People, etc., plaintiff, v Leslie Jenneman, defendant. (Ind. No. 463-03)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated June 29, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

ROBERT A. SPOLZINO

Associate Justice

Appellate Division: Second Judicial Department

M29914

S/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-06955 The People, etc., respondent, v Francisco Jimenez, appellant. (Ind. No. 2516/04)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to prosecute an appeal from an order of the County Court, Suffolk County, dated June 15, 2005, which determined his motion pursuant to chapter 738 of the laws of 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 hearing on the motion, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

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

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

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

Russell C. Morea, Esq.

184 North Lane

Smithtown, New York 11787

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.

COZIER, J.P., RITTER, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

49 A 6434

Green Haven Corr. Fac.

P.O. Box 4000

Stormville, New York 12582-0010

Appellate Division: Second Judicial Department

M30677

F/

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-06958 The People, etc., respondent, v Carlos Perez, appellant. (Ind. No. 4869/04)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered June 22, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

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

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

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

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

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

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

The Legal Aid Society

199 Water Street - 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.

H. MILLER, J.P., ADAMS, SPOLZINO, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 3516

Coxsackie Corr. Fac.

Box 999

West Coxsackie, New York 12051

Appellate Division: Second Judicial Department

M30676

F/

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-06934 The People, etc., respondent, v Michael Smith, appellant. (Ind. No. 5921/03)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered June 27, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

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

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

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

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

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

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

The Legal Aid Society

199 Water Street - 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.

H. MILLER, J.P., ADAMS, SPOLZINO, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 3588

Downstate Corr. Fac.

Box F

Fishkill, New York 12524