10-06-2004_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR OCTOBER 6, 2004

TITLE	Case Number
Ali v National Railroad Passenger Corporation	2004-06888
Casanova v Hamilton-Sharp Properties, LLC	2003-06520
Cuccurullo v Cuccurullo	2004-08135
Havens v Singh	2004-07359
Ishida v Markowitz	2004-01220
Kornblum v Kornblum	2004-08324 +1
Leahy v Federated Department Stores, Inc., d/b	2004-01397
McInerney v County of Nassau	2002-08541
Merkos L'Inyonei Chinuch, Inc. v United Lubav	2003-11383
Messinger v Messinger	2004-04131
Miele v American Tobacco Company	2001-07484 +5
Mueller v Allstate Insurance Company	2004-04012
Nunez v Mousouras	2004-05151
RR Chester, LLC v Arlington Building Corp.	2004-01910
Rowe v Petterkin-Caldwell	2004-01223
Smith v Houde	2004-03632
Mtr of Carvel, Deceased; Godley	2003-09302
Mtr of Comps, Inc. v Town of Islip	2004-08153
Mtr of Cotter v Brown	2004-04529
Mtr of D. (Anonymous), Lorna v A. (Anonymous)	2004-06571
Mtr of E. (Anonymous), Saquan, Jr.; Child Develo	2004-07623
Mtr of H. (Anonymous), Ajuwon	2004-00276
Mtr of M. (Anonymous), Rena Elaine; Administr	2004-05691
Mtr of McC. (Anonymous), Mark Anthony; Admini	2003-11446
Mtr of O. (Anonymous), Michael William, a/k/a	2004-00441
Mtr of P. (Anonymous), Jahmeek Winston	2004-00637 +5
Mtr of R. (Anonymous), Julio	2004-06275 +1
Mtr of Tabernuro v Jones	2004-06611 +2
Mtr of V. (Anonymous), Sheneika; Administrati	2004-06410
Mtr of Van Nooten v Lawrence	2004-07028
Peo v Brown, Michael	2004-06712
Peo v Dzebolo, Halina	2004-07416
Peo v Nadal, Juan, a/k/a Nadal, John	2004-00682 +1

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Appellate Division: Second Judicial Department

M16727

C/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-06888
Ousman Ali, respondent, v National Railroad
Passenger Corporation, appellant.
(Index No. 28509/01)

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, Queens County, dated July 12, 2004, and for a preference in the 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 a stay of trial is granted, and the trial in the above-entitled action is stayed pending the hearing and determination of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M16722

O/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-06520
Gorge Casanova, respondent,
v Hamilton-Sharp Properties, LLC,
appellant.
(Index No. 25013/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings, including the trial, in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 9, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M16726

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DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-08135
Melissa Cuccurullo, appellant,
v Joseph Cuccurullo, Jr., respondent.
(Index No. 5136/98)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Richmond County, dated August 19, 2004, pending hearing and determination of an appeal therefrom, and for a preference in the hearing and determination of 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M16746

C/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-07359
Elizabeth Havens, respondent,
v Santokh Singh, et al., appellants.
(Index No. 1174/01)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered May 12, 2004, on the ground that the appeal was not timely taken.

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M16666

PL/sl

2004-01220
Makiko Ishida, appellant,
v Roman Markowitz, respondent.
(Index No. 49455/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief and to enlarge the appellant's time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated October 21, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 15, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED the appellant's reply brief shall be served and filed on or before December 15, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M16723

Y/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-08324, 2004-08325
Linda Kornblum, respondent,
v Michael Kornblum, appellant.
(Index No. 19104/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, dated September 21, 2004, pending hearing and determination of an appeal from that order and a transcript of the same court dated September 9, 2004.

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

ORDERED that on the court's own motion, the appeal from the transcript is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M16742

E/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-01397

Judith Leahy, respondent, v Federated Department
Stores, Inc., d/b/a Bloomingdales, appellant
(and a third-party action).
(Index No. 15566/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated September 10, 2003, to stay the trial in the above-entitled action pending hearing and determination of 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M16739

ANITA R. FLORIO, J.P.

HOWARD MILLER

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2002-08541

Robert McInerney, plaintiff-respondent,
v County of Nassau, et al., defendants,
H. Sand & Co., Inc., defendant third-party
plaintiff-respondent; RGM Liquid Waste
Removal Corp., third-party defendant-appellant.
(Index No. 9055/98)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 13, 2002.

Upon the stipulation of the attorneys for the respective parties, dated September 30, 2004, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

FLORIO, J.P., H. MILLER, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M16721

CF/

2003-11383
Merkos L'Inyonei Chinuch, Inc., et al.,
respondents-appellants, v United Lubavitcher
Yeshivoth, appellant-respondent.
(Index No. 30793/02)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 29, 2003.

Upon the stipulation of the parties, it is

ORDERED that the appeal and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M16691

M/nal

2004-04131
David B. Messinger, appellant,
v Lori Messinger, respondent.
(Index No. 07149/00)

SCHEDULING ORDER

Appeal by David B. Messinger from an order of the Supreme Court, Westchester County, dated April 7, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 27, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

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

Appellate Division: Second Judicial Department

M16724

S/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

SONDRA MILLER

DANIEL F. LUCIANO, JJ.

2001-07484, 2001-07486, 2001-07487,
2001-07488, 2001-07489, 2002-01777
Michael Miele, etc., et al., appellants,
v American Tobacco Company, et al.,
respondents, et al., defendants.
(Index No. 19125/97)

DECISION & ORDER ON MOTION

Motion by the respondents Lorillard Tobacco Company, R.J. Reynolds Tobacco Company, and Brown & Williamson Tobacco Company, individually, and as successor by merger to the American Tobacco Company, for leave to reargue appeals from six orders of the Supreme Court, Nassau County, all dated June 29, 2001, which were determined by decision and order of this court dated December 29, 2003, and separate motion by the same respondents for leave to appeal to the Court of Appeals from the decision and order of this court dated December 29, 2003. By decision and order on motion dated June 10, 2004, the appellants were given until June 24, 2004, to serve and file opposition papers to the above motions. By stipulation dated June 22, 2004, the parties discontinued the action.

Upon the papers filed in support of the motions and upon the stipulation dated June 22, 2004, it is

ORDERED that the motions are denied as academic.

PRUDENTI, P.J., ALTMAN, S. MILLER and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16720

CF/

2004-04012
Carole Mueller, appellant, v Allstate
Insurance Company, et al., respondents.
(Index No. 29975/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 30, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M16737

C/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-05151
Luz Nunez, etc., et al., respondents,
v Anastasios Mousouras, appellant,
et al., defendants.
(Index No. 49345/01)

DECISION & ORDER ON MOTION

Motion by the respondents to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated September 25, 2003, to include two orders of the United States Bankruptcy Court for the Eastern District of New York dated November 25, 2003, and March 23, 2004, in a proceeding entitled "In the Matter of Luz Nereida Nunez", respectively, and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to enlarge the record on appeal is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; the respondents shall serve and file a brief on or before November 5, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16725

Y/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-01910
RR Chester, LLC, appellant,
v Arlington Building Corp., et al., respondents.
(Index No. 752/02)

DECISION & ORDER ON MOTION

Motion by the respondent HSNN-Greens Chester Well, Inc., on an appeal from an order and judgment (one paper) of the Supreme Court, Orange County, dated January 15, 2004, to strike the supplemental record filed by the appellant.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M16667

PL/sl

2004-01223

D'Vonte Rowe, etc., et al., respondents,
v Carla Petterkin-Caldwell, et al., defendants,
"Jane" Gates, appellant.
(Index No. 36162/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 21, 2003.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16719

S/sl

2004-03632

Julius Smith, Jr., appellant, et al., plaintiff,
v Russell Houde, et al., defendants,
Leslie Brown, respondent.
(Index No. 19945/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered February 20, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 13, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16701

R/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2003-09302
In the Matter of Thomas Carvel, deceased.
Thomas & Agnes Carvel Foundation,
appellant-respondent; Leonard M. Ross, et al.,
respondents-appellants; Herbert F. Roth, et al.,
respondents.

(File No. 3285/90)

DECISION & ORDER ON MOTION

Motion by the respondent Herbert F. Roth for a preference in the calendaring of an appeal and cross appeals from an order of the Surrogate's Court, Westchester County, dated September 9, 2003.

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

ORDERED that the motion is denied.

S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16728

C/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-08153
In the Matter of Comps, Inc., petitioner,
v Town of Islip, et al., respondents.
(Index No. 6949/04)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated September 3, 2004.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M16681

M/nal

2004-04529
In the Matter of Peter Cotter, respondent,
v Dawn Marie Brown, appellant.
(Docket No. P-3153-03)

SCHEDULING ORDER

Appeal by Dawn Marie Brown from an order of the Family Court, Suffolk County, dated April 26, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 13, 2004. The respondent's brief was served and filed on September 14, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to serve and file a reply brief on the appeal is enlarged until October 12, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16677

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-06571
In the Matter of Lorna D. (Anonymous), respondent,
v Colin Anderson A. (Anonymous), appellant.
(Docket No. P-2453-01)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated July 6, 2004, and for leave to the appellant to prosecute the appeal as a poor person.

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 counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

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

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

Andrew John Calcagno, Esq.

404 Manor Road - 1st Floor

Staten Island, New York 10314

(718) 815-0200

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.

S. MILLER, J.P., LUCIANO, CRANE, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16671

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-07623

In the Matter of Saquan E. (Anonymous), Jr.
Child Development Support Corporation,
respondent; Saquan E. (Anonymous), Sr., appellant.
(Docket No. B-929-03)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated May 7, 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 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:

Larry S. Bachner, Esq.

90-50 Parsons Blvd. - Suite 401

Jamaica, New York 11432

(917) 378-0176

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.

S. MILLER, J.P., LUCIANO, CRANE, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M16686

M/nal

2004-00276
In the Matter of Ajuwon H. (Anonymous).
McMahon Services, respondent;
Annmarie H. (Anonymous), appellant.
(Docket No. B-24985-00)

SCHEDULING ORDER

Appeal by Annmarie H. from an order of the Family Court, Kings County, dated December 18, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until October 18, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16679

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-05691
In the Matter of Rena Elaine M. (Anonymous).
Administration for Children's Services, respondent;
Robert M. (Anonymous), appellant.
(Docket No. B-4639-02)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated June 1, 2004, and for leave to the appellant to prosecute the appeal as a poor person.

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

ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

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

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

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10007

(212) 227-0206

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.

S. MILLER, J.P., LUCIANO, CRANE, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16682

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2003-11446

In the Matter of Mark Anthony McC. (Anonymous).
Administration for Children's Services, petitioner;
Forestdale, Inc., petitioner-appellant;
Melissa Jean-Marie McC. (Anonymous), respondent-
respondent; Monica Drinane, etc., nonparty-appellant.
(Docket No. B-5639-00)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by the attorney for Melissa Jean-Marie McC. to be relieved of an assignment to represent her as a respondent on an appeal from an order of the Family Court, Queens County, dated December 2, 2003.

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

ORDERED that the motion is granted, and the attorney for the respondent, Melissa Jean-Marie McC., Laura T. Duncan, Esq., 152 E. Choir Lane, Westbury, New York 11590, is directed to turn over all papers in the action to the new attorney herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the respondent, Melissa Jean-Marie McC., to represent her:

Kenneth M. Tuccillo, Esq.

251 East 61st Street

New York, New York 10021

(212) 517-5000

S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16692

M/nal

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

SCHEDULING ORDER

Appeal by Denise T. from an order of the Family Court, Queens County, dated November 21, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 24, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

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

Appellate Division: Second Judicial Department

M16687

M/nal

2004-00637, 2004-00638, 2004-00639,
2004-00640, 2004-00641, 2004-00642
In the Matter of Jahmeek Winston P. (Anonymous).
Administration for Children's Services, et al.,
respondents; Patricia P. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Oniqua Patrice P. (Anonymous).
Administration for Children's Services, et al.,
respondents; Patricia P. (Anonymous), appellant.
(Proceeding No. 2)
In the Matter of Shantonia Nicole A. (Anonymous).
Administration for Children's Services, et al.,
respondents; Patricia P. (Anonymous), appellant.
(Proceeding No. 3)
In the Matter of Ohmarnie Mary P. (Anonymous).
Administration for Children's Services, et al.,
respondents; Patricia P. (Anonymous), appellant.
(Proceeding No. 4)
In the Matter of Nastazia Delores P. (Anonymous).
Administration for Children's Services, et al.,
respondents; Patricia P. (Anonymous), appellant.
(Proceeding No. 5)
In the Matter of Jahnia Patreka P. (Anonymous).
Administration for Children's Services, et al.,
respondents; Patricia P. (Anonymous), appellant.
(Proceeding No. 6)
(Docket Nos. B-2087/02, B-03853/01, B-03854/01,
B-03855/01, B-03856/01, B-03857/01)

SCHEDULING ORDER

Appeals by Patricia P. from six orders of the Family Court, Kings County, all dated December 8, 2003. The appellant's brief was filed in the office of the Clerk of this court on August 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 time of the respondent and the law guardian to serve and file their briefs on the appeals is enlarged until November 4, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16755

E/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-06275, 2004-08159
In the Matter of Julio R. (Anonymous), appellant;
Charlotte Seltzer, etc., respondent.
(Index Nos. 500436/04 and 500810/04)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Queens County, dated July 15, 2004, and September 14, 2004, respectively, to stay enforcement of the order dated September 14, 2004, pending hearing and determination of the appeal from that order, and to consolidate the appeals.

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

ORDERED that the branch of the motion which is to stay enforcement of the order dated September 14, 2004, pending hearing and determination of the appeal from that order is granted, and enforcement of the order dated September 14, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal from that order is perfected on or before October 28, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 28, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice day; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is granted to the extent that the appeals shall be heard together, and shall be argued or submitted on the same day, and the motion is otherwise denied.

RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16690

R/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-06611, 2004-06612, 2004-06613
In the Matter of Gail Tabernuro, respondent,
v Reginald Jones, appellant.
(Docket Nos. V-12964/02, V-27181/01,
O-34251/03)

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

Motion by the appellant on appeals from an order of the Family Court, Kings County, dated July 8, 2004, a referee's report of the same court also dated July 8, 2004 (Appellate Division Docket No. 2004-06612), and an order of the same court dated July 12, 2004, for leave to prosecute the appeals 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 on the court's own motion, the appeal from the referee's report pending under Appellate Division Docket No. 2004-06612 is dismissed, without costs or disbursements, on the ground that no appeal lies from a report of a referee (see Family Ct Act § 1112); and it is further,

ORDERED that the motion is granted to the extent that the appeals pending under Appellate Division Docket Nos. 2004-06611 and 2004-06613 will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

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

Catherine S. Bridge, Esq.

1358 Clove Road

Staten Island, New York 10301

(718) 448-9600

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals 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 appeals are taken.

S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16680

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-06410
In the Matter of Sheneika V. (Anonymous).
Administration for Children's Services, respondent;
Gary V. (Anonymous), appellant.
(Docket No. N-16366-03)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated July 9, 2004, and for leave to the appellant to prosecute the appeal as a poor person.

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 counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

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

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

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10007

(212) 227-0206

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.

S. MILLER, J.P., LUCIANO, CRANE, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16697

R/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-07028

In the Matter of Keith Van Nooten, respondent,
v Ebony Lawrence, appellant.
(Docket No. V-17259/02)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated August 4, 2004, as a poor person, for the assignment of counsel, to stay enforcement of the order pending hearing and determination of the appeal, and for a preference in the calendaring of the appeal.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person and for the assignment of counsel, is granted; and it is further,

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

Pauline E. Braun, Esq.

43 Edqewood Rd.

Box 9

Valley Stream, New York 11582-0009

(516) 872-4080

and it is further,

ORDERED that the motion is otherwise denied; 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.

S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16715

SONDRA MILLER, J.

2004-06712
The People, etc., plaintiff,
v Michael Brown, defendant.
(Ind. No. 15540/95)

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, Kings County, dated July 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.

SONDRA MILLER

Associate Justice

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

Appellate Division: Second Judicial Department

M16711

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-07416
The People, etc., respondent,
v Halina Dzebolo, appellant.
(Ind. No. 03-01147)

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, Westchester County, rendered August 13, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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:

Michael G. Paul, Esq.

305 Broadway - Suite 602

New York, New York 10007

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., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 G 0808

Bedford Hills Corr. Fac.

247 Harris Road

Bedford Hills, New York 10507

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

Appellate Division: Second Judicial Department

M16712

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00682, 2004-00683

The People, etc., respondent,
v Juan Nadal, a/k/a John Nadal, appellant.
(Ind. Nos. 02-01123, 03-00155)

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 appeals from two judgments of the Supreme Court, Westchester County, both rendered January 6, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeals 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 in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeals, 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 appeals:

Robert P. McGrath, Esq.

One Moran Place

New Rochelle, New York 10801

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; 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 appeals; 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 appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 0136

Clinton Corr. Fac.

Box 2000

Dannemora, New York 12929