10-12-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR OCTOBER 12, 2005

TITLE	Case Number
Abbruzzese v City of New York	2005-03606
Abreu v Zayas	2004-07922
Borokhov v Kim San Tjioe	2005-03989
Branch v City of New York	2005-03300
Caffie v City of New York	2004-07525
Cruz v City of New York	2004-07521
Dachille v Ahmoy	2005-08888
Giannattasio v Han Suk Kang	2004-10825 +1
Kaur v Singh	2005-04776
Keene v Tyco International (US), Inc.	2005-02901
Kew Gardens Hills Apartment Owners, Inc. v Horing	2005-02804
Langhorne v County of Nassau	2005-01658
Lee v Hyde Park Products	2005-08347
Leech v Leech	2005-04669
Martel v Chupka	2005-00176
Migdalski v Gunzel	2005-03172
Mondestin v Jenhen Realty, LLC	2005-04622
Moran v Junior	2005-08249
Morgan v Chong Kwan Jun	2004-06351 +1
Murphy v Clayton Development, LLC	2005-01473
New York Hospital Medical Center of Queens, a/a/o	2005-05304
1951 Bedford Hills Corp. v Hardie	2005-07154
Passante v Peck & Sander Properties, LLC	2005-03515
Psomostithis v Transoceanic Cable Ship Co.	2005-01234
Rodriguez v Vazquez	2005-03392
707S Associates, LLC v LaCarrierre	2005-09000
Teachers Placement Group, Inc. v Konrad	2005-03335 +1
Wadell v Jessop	2005-04698
Mtr of American Casualty Company of Reading, PA v	2005-07162
Mtr of Assets America, Inc. v Backert	2005-01635
Mtr of Giammanco v Giammanco	2005-06142
Mtr of J. (Anonymous), Ayodele Ademoli; Catholic H	2005-05754
Mtr of L. (Anonymous), Chanel Monique; Suffolk Cou	2005-04810 +1
Mtr of Tavarez v Musse	2005-05200
Mtr of Tillman v Clark	2005-08669
Mtr of W. (Anonymous), Brandon; County of Orange	2005-09155
Peo v Albert, Jean	2005-07961
Peo v Alston, Willie	2005-07943
Peo v Avella, Gerardo	2003-09801
Peo v Berroa, Miguel	2005-07785
Peo v Brewster, Hewlett D.	2005-02253
Peo v Clark, Darrell	2005-07391
Peo v Curran, Douglas	2005-07844
Peo v Curtis, Sammie	2004-03461
Peo v Darby, William	2005-05955
Peo v Dudley, Paul	2003-08858
Peo v Gonzalez, Juan	2005-07615
Peo v Madison, Warren	2005-05013
Peo v Nadal, Juan	2005-06917
Peo v Parisi, William	2004-08368
Peo v Rodriguez, Ivan	2005-07688
Peo v Scott, Willie	2005-07920
Peo v Sepe, Frank, A., Jr.	2005-08845
Peo v Vasquez, Alberto	2005-01531
Peo v Williams, David	2004-09074

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

Appellate Division: Second Judicial Department

M30948

CF/

2005-03606
Vincent Abbruzzese, et al., appellants, v
City of New York, et al., respondents.
(Index No. 48259/02)

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 March 23, 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

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Appellate Division: Second Judicial Department

M30979

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-07922

Margarita Abreu, respondent-appellant,
v Ralphy Zayas, et al., appellants-respondents,
Edris H. Moustafa, respondent.

(Index No. 24057/00)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Kings County, dated July 23, 2004.

Upon the stipulation of the attorneys for the respective parties, dated July 15, 2005, and August 23, 2005, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30954

CF/

2005-03989
Valdislav Borokhov, et al., respondents,
v Kim San Tjioe, appellant.
(Index No. 17454/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 28, 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

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Appellate Division: Second Judicial Department

M30956

CF/

2005-03300
Sherman Branch, respondent, v City of
New York, et al., defendants, Brooklyn Union
Gas Company, et al., appellants.
(Index No. 817/97)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant Brooklyn Union Gas Company to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 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 by Brooklyn Union Gas Company is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30973

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-07525
Ephian Caffie, et al., plaintiffs-respondents,
v City of New York, defendant-respondent,
Metropolitan Transportation Authority, et al.,
appellants, et al., defendant.
(Index No. 22487/01)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 30, 2004.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30976

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-07521

Elliot Cruz, et al., plaintiffs-respondents,
v City of New York, defendant-respondent,
Metropolitan Transportation Authority, et al.,
appellants, et al., defendant.
(Index No. 22489/01)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an amended order of the Supreme Court, Kings County, dated June 30, 2004.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30940

CF/

2005-08888
Concetta Dachille, et al., respondents,
v Isaak Ahmoy, appellant.
(Index No. 32543/01)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

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

Upon the stipulation of the parties, dated September 26, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30974

Y/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-10825, 2005-07280
Rocco Giannattasio, respondent-appellant,
v Han Suk Kang, et al., respondents,
New York City Off-Track Betting Corp.,
appellant-respondent.
(Index No. 38610/01)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated November 16, 2004 (Appellate Division Docket No. 2004-10825), on the ground that it has been rendered academic, for an enlargement of time to serve and file an answering brief, and to enlarge his time to perfect an appeal from a judgment of the same court entered July 25, 2005 (Appellate Division Docket No. 2005-07280).

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 dismiss the appeal from the order dated November 16, 2004, is held in abeyance, and is referred to the Justices hearing the appeals for determination upon the argument or submission of the appeals; and it is further,

ORDERED that the branch of the motion which is for an enlargement of time to serve and file an answering brief on the appeal and cross appeal from the order is granted, and the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before November 14, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment is denied as premature; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30833

J/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

On the court's own motion, it is

ORDERED that its decision and order on motion dated October 3, 2005, in the above-entitled matter is amended by deleting from the recitation paragraph thereof the words "no papers having been filed in opposition or relation", and substituting therefor the words "the papers filed in opposition".

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30935

CF/

2005-02901
Kimberly Keene, et al., plaintiffs-respondents,
v Tyco International (US), Inc., et al.,
defendants-respondents, Children's Aid
Society, defendant-appellant.
(Index No. 49250/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 16, 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

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Appellate Division: Second Judicial Department

M30957

S/sl

2005-02804

Kew Garden Hills Aprartment Owners, Inc.,
plaintiff-respondent, v Horing Welikson & Rosen,
P.C., et al., appellants, Morton L. Ginsberg, et al.,
defendants-respondents.
(Index No. 7783/01)

ORDER ON APPLICATION

Application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated February 10, 2005.

ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until November 23, 2005, and the plaintiff-respondent'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

M30963

S/sl

2005-01658

Bernard Langhorne, et al., respondents-appellants,
v County of Nassau, et al., appellants-respondents.
(Index No. 27030/97)

ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered November 24, 2004.

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

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until November 9, 2005, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30951

CF/

2005-08347
Catherine M. Lee, respondent, v
Hyde Park Products, defendant,
Benefore Properties Corp., et al., appellants.
(Index No. 14868/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 30, 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

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Appellate Division: Second Judicial Department

M30944

CF/

2005-04669
Karen Leech, respondent, v
Edward J. Leech, appellant.
(Index No. 18566/02)

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 April 11, 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

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

Appellate Division: Second Judicial Department

M30962

S/sl

2005-00176

Piere Martel, et al., appellants,
v Lisa M. Chupka, et al., respondents.
(Index No. 18560/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Suffolk County, entered December 2, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 20, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M30942

CF/

2005-03172
Jeffrey Migdalski, respondent, v
Lynn Gunzel, appellant.
(Index No. 27192/04)

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 January 21, 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

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

Appellate Division: Second Judicial Department

M30980

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-04622
Marie Mondestin, respondent,
v Jenhen Realty, LLC, appellant.
(Index No. 1163/03)

DECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 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 deemed withdrawn, without costs or disbursements.

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

M30950

CF/

2005-08249
Blanca Moran, respondent-appellant, v
Mark B. Junior, et al., respondents,
Jesus A. Mendoza, appellant-respondent.
(Index No. 1510/05)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 8, 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

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

Appellate Division: Second Judicial Department

M30959

S/sl

2004-06351, 2004-09868

Bruce Morgan, appellant,
v Chong Kwan Jun, et al., respondents.
(Index No. 13899/01)

ORDER ON APPLICATION

Application by the respondent Dance Expo U.S.A., Inc., 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, Richmond County, dated June 16, 2004, and October 5, 2004, respectively.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until November 2, 2005, and the movant'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

M30955

S/sl

2005-01473

Michael Murphy, plaintiff, v Clayton Development,
LLC, defendant, Worth Construction Co., Inc.,
defendant third-party plaintiff-respondent;
Hackensack Steel Corp., et al., third-party
defendants-appellants, et al., third-party defendant
(and a second third-party action).
(Index No. 02247/02)

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, Westchester County, dated December 30, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 14, 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

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

Appellate Division: Second Judicial Department

M30937

CF/

2005-05304
New York Hospital Medical Center of Queens,
a/a/o Giovanni Narvaez, etc., appellant, v
Government Employees Insurance Company,
respondent.
(Index No. 15230/04)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated May 19, 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

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

Appellate Division: Second Judicial Department

M30952

CF/

2005-07154
1951 Bedford Hills Corp., appellant, v
Donald Hardie, et al., respondents.
(Index No. 18183/02)

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 June 23, 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

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

Appellate Division: Second Judicial Department

M30961

S/sl

2005-03515

Kenneth Passante, appellant,
v Peck & Sander Properties, LLC, et al.,
respondents.
(Index No. 26936/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 4, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 7, 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

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

Appellate Division: Second Judicial Department

M30975

S/sl

2005-01234

Dimitrios Psomostithis, appellant,
v Transoceanic Cable Ship Co., respondent.
(Index No. 34619/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated December 22, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 21, 2005, and the respondent'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

M30965

S/sl

2005-03392

Miguel Angel Rodriguez, respondent,
v Antonio Vazquez, et al., appellants.
(Index No. 49030/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 25, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 21, 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

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

Appellate Division: Second Judicial Department

M30938

E/sl

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-09000
707S Associates, LLC, respondent, v
Paulette LaCarrierre, appellant, et al.
defendants.

(Index No. 30972/99)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated September 13, 2005, to stay enforcement of a judgment of eviction pending hearing and determination of the appeal and for leave 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 branch of motion which is to dispense with the printing 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 branch of motion which is to waive the filing fee is denied as unnecessary (see CPLR 1102); and it is further,

ORDERED that the motion otherwise denied.

GOLDSTEIN, J.P., SKELOS, FISHER and LUNN, 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

M30977

2005-03335, 2005-03587

Teachers Placement Group, Inc., et al.,
appellants, v Helen L. Konrad, et al.,
respondents.
(Index No. 2765/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw appeals from an order of the Supreme Court, Nassau County, dated January 31, 2005, and a judgment of the same court dated March 4, 2005, respectively.

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

ORDERED that the application is granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M30947

CF/

2005-04698
Larry Wadell, respondent, v Dolores
A. Jessop, et al., defendants, Principal
Construction Corp., appellant.
(Index No. 16569/02)

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 February 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

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

Appellate Division: Second Judicial Department

M30941

CF/

2005-07162
In the Matter of American Casualty Company
of Reading PA, et al., respondents, v State of
New York, et al., appellants.
(Index No. 13797/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 30, 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

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

Appellate Division: Second Judicial Department

M30929

Y/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-01635
In the Matter of Assets America, Inc., respondent,
v Alisa J. Backert, appellant.
(Index No. 18391/03)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order and judgment of the Supreme Court, Nassau County, dated October 7, 2004.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until December 12, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

FLORIO, J.P., CRANE, MASTRO and RIVERA, 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

M30939

CF/

2005-06142
In the Matter of Joseph Giammanco, etc.,
appellant, v Dana L. Giammanco, respondent.
(Docket No. O-1113-05)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Richmond County, dated April 27, 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

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

Appellate Division: Second Judicial Department

M30867

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-05754

In the Matter of Ayodele Ademoli J. (Anonymous).
Catholic Home Bureau for Dependent Children,
et al., respondents; Elizabeth O. (Anonymous),
appellant.
(Docket No. B-2687-01)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Queens County, dated May 18, 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:

Robert J. Marinelli, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11242

(718) 624-9391

and it is further,

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

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

FLORIO, J.P., CRANE, MASTRO, and RIVERA, 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

M30825

M/nal

2005-04810
In the Matter of Chanel Monique L. (Anonymous).
Suffolk County Department of Social Services,
respondent; Eric P. (Anonymous), appellant.
(Docket No. N-14869-04)
2005-06288
In the Matter of Jasmine J. (Anonymous).
Suffolk County Department of Social Services,
respondent; Kathleen J. (Anonymous),
et al., appellants.
(Proceeding No. 1)
In the Matter of Tianna J. (Anonymous).
Suffolk County Department of Social Services,
respondent; Kathleen J. (Anonymous),
et al., appellants.
(Proceeding No. 2)
In the Matter of Tajahe J. (Anonymous).
Suffolk County Department of Social Services,
respondent; Kathleen J. (Anonymous),
et al., appellants.
(Proceeding No. 3)
(Docket Nos. N-2000-04, N-2001-04, N-2002-04,
N-2151-04, N-2152-04, N-2153-04)

SCHEDULING ORDER

Appeals by Kathleen J. from two orders of the Family Court, Suffolk County, dated April 28, 2005, and April 29, 2005, respectively, and appeal by Eric P. from the order dated April 29, 2005. By decision and order on motion of this court dated September 28, 2005, the appeals were consolidated and the following attorney was assigned as counsel for Eric P. on his appeal:

Channing Kury, Esq.

15 Saratoga Street

Commack, New York 11725

(631) 499-0105

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated September 28, 2005, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing his appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M30871

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-05200

In the Matter of Jason Tavarez, respondent,
v Samantha Musse, appellant.
(Docket No. V-20414-01)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by the attorney for the respondent to be relieved of an assignment to represent the respondent on an appeal from an order of the Family Court, Kings County, dated April 29, 2005.

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, Sally Simone Markowitz, Esq., 2015 Avenue U, Brooklyn, New York 11229, is directed to turn over all papers in the action to the new attorney for the respondent 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 to represent the respondent:

Robert J. Marinelli, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11242

(718) 624-9391

FLORIO, J.P., CRANE, MASTRO and RIVERA, 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

M30972

O/sl

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-08669
In the Matter of James D. Tillman, petitioner,
v Tara Clark, respondent.
(Docket No. V-3104-98)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal from an order of the Family Court, Suffolk County, entered August 24, 2005, and to stay enforcement of the order 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 branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order is denied as academic.

GOLDSTEIN, J.P., SKELOS, FISHER and LUNN, 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

M30946

E/sl

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-09155
In the Matter of Brandon W. (Anonymous),
appellant.

(Docket No. E-05973-03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Family Court, Orange County, dated September 22, 2005, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

GOLDSTEIN, J.P., SKELOS, FISHER and LUNN, 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

M30920

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-07961

The People, etc., respondent,
v Jean Albert, appellant.
(Ind. No. 04-00416)

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, Rockland County, rendered August 2, 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:

James Licata

Office of the Public Defender

11 New Hemstead Road

New City, New York 10956-3664

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 A 4027

Downstate Corr. Fac.

Box F - Red Schoolhouse Rd.

Fishkill, New York 12524

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

Appellate Division: Second Judicial Department

M30916

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2005-07943

The People, etc., respondent,
v Willie Alston, appellant.
(Ind. No. 04-00250)

DECISION & ORDER ON MOTION
Motion for Leave to Serve
Late Notice of Appeal, for Poor
Person Relief & to Assign Counsel
Appeal from Judgment

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Rockland County, rendered June 29, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appellants's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondents' 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, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated in 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 or 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:

James Licata

Office of the Public Defender

11 New Hemstead Road

New City, New York 10956-3664

and 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, MASTRO, RIVERA, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 3576

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

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

Appellate Division: Second Judicial Department

M30978

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2003-09801
The People, etc., respondent,
v Gerardo Avella, appellant.
(Ind. No. 1367-02)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from a judgment of the County Court, Suffolk County, rendered October 7, 2002.

Upon the stipulation of the attorneys for the respective parties, dated September 2, 2005, it is

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

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

M30839

DAVID S. RITTER, J.

2005-07785
The People, etc., plaintiff,
v Miguel Berroa, defendant.
(Ind. No. 81587/92)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau 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.

DAVID S. RITTER

Associate Justice

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

Appellate Division: Second Judicial Department

M30919

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-02253

The People, etc., respondent,
v Hewlett D. Brewster, appellant.
(Ind. No. 895-03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered February 22, 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 and in relation thereto, it is

ORDERED the motion is granted; and it is further,

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that 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 A 2048

Clinton Corr. Fac.

P.O. Box 2000

Dannemora, New York 12929

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

Appellate Division : Second Judicial Department

M30728

BARRY A. COZIER, J.

2005-07391
The People, etc., plaintiff,
v Darrell Clark, defendant.
(Ind. No. 1041/00)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated March 30, 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.

BARRY A. COZIER

Associate Justice

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

Appellate Division : Second Judicial Department

M30729

HOWARD MILLER, J.

2005-07844
The People, etc., plaintiff,
v Douglas Curran, defendant.
(Ind. No. 6/00)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Dutchess County, dated July 26, 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.

HOWARD MILLER

Associate Justice

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

Appellate Division: Second Judicial Department

M30936

Y/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-03461
The People, etc., respondent,
v Sammie Curtis, appellant.
(Ind. No. 32/03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to hold an appeal from a judgment of the County Court, Dutchess County, rendered April 13, 2004, in abeyance pending the determination of a motion pursuant to CPL article 440.

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

ORDERED that the motion is denied.

FLORIO, J.P., CRANE, MASTRO and RIVERA, 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

M30837

DAVID S. RITTER, J.

2005-05955
The People, etc., plaintiff,
v William Darby, defendant.
(Ind. No. 89-00782)

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, Westchester County, dated May 13, 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.

DAVID S. RITTER

Associate Justice

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

Appellate Division: Second Judicial Department

M30922

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2003-08858

The People, etc., respondent,
v Paul Dudley, appellant.
(Ind. No. 02-00411)

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 September 30, 2003, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Barry E. Warhit, Esq.

399 Knollwood Road - Suite 206

White Plains, New York 10603

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:

03 A 5495

Green Haven Corr. Fac.

P.O. Box 4000 H-3-327

Stormville, New York 12528

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

Appellate Division: Second Judicial Department

M30912

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-07615

The People, etc., plaintiff,
v Juan Gonzalez, defendant.
(Ind. No. 11507/00)

DECISION & ORDER ON MOTION
Motion for Leave to Serve
Late Notice of Appeal, for Poor
Person Relief & to Assign Counsel
Appeal from Judgment

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered April 24, 2002, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied (see CPL 460.30).

FLORIO, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 3398

Bare Hill Corr. Fac.

Caller Box 20 - 181 Brand Rd.

Malone, New York 12953

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

Appellate Division: Second Judicial Department

M30924

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05013

The People, etc., respondent,
v Warren Madison, appellant.
(Ind. No. 2701/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered April 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Jason Bassett, Esq.

The Courthouse Corporate Center

320 Carleton Avenue - Suite 4200

Central Islip, New York 11722

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 2220

Dale Creek Corr. Fac.

P.O. Box 950

Johnstown, New York 12095

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

Appellate Division : Second Judicial Department

M30838

DAVID S. RITTER, J.

2005-06917
The People, etc., plaintiff,
v Juan Nadal, defendant.
(Ind. No. 1694/90)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Westchester County, dated June 20, 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.

DAVID S. RITTER

Associate Justice

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

Appellate Division: Second Judicial Department

M30913

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-08368
The People, etc., respondent,
v William Parisi, appellant.

(Ind. No. 03-00457)

DECISION & ORDER 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, Orange County, rendered January 13, 2004, and for assignment of new counsel.

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.

FLORIO, J.P., CRANE, MASTRO, and RIVERA, 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

M30915

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-07688
The People, etc., respondent,
v Ivan Rodriguez, appellant.
(Ind. No. 1156/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Queens County, rendered May 26, 2005.

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 appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Queens County, rendered May 26, 2005.

FLORIO, J.P., CRANE, MASTRO, and RIVERA, 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

M30875

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-07920
The People, etc., respondent,
v Willie Scott, appellant.
(Ind. No. 2365/05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a determination of the Supreme Court, Kings County, dated July 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 that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Kings County, continues on appeal; and it is further,

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

ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,

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

FLORIO, J.P., CRANE, MASTRO, and RIVERA, 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

M30841

DAVID S. RITTER, J.

2005-08845

The People, etc., plaintiff,
v Frank A. Sepe, Jr., defendant.
(Ind. No. 684-80)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Suffolk County, dated August 22, 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.

DAVID S. RITTER

Associate Justice

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

Appellate Division: Second Judicial Department

M30945

CF/

2005-01531
The People, etc., respondent,
v Alberto Vasquez, appellant.
(Ind. No. 3138/04)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Queens County, rendered February 1, 2005.

Upon the stipulation of the parties, dated September 28, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M30914

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-09074
The People, etc., respondent,
v David Williams, appellant.
(Ind. No. 04-00059)

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, Orange County, rendered October 4, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on November 29, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

Brian S. MacNamara, Esq.

155 Main Street

Goshen, New York 10924

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

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

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

David L. Rich, Esq.

175 Main Street - Suite 711-2

White Plains, New York 10601

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,

FLORIO, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5333

Arthur Kill Corr. Fac.

2911 Arthur Kill Road

Staten Island, New York 10309