Appellate Division: Second Judicial Department

M31041

E/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2003-00854, 2003-07480, 2003-08113, 2003-10795 2003-10984, 2004-04792, 2004-04794 ADC Orange, Inc., respondent, v Coyote Acres, Inc., appellant. (Index No. 2458/02)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue appeals from two orders of the Supreme Court, Orange County, dated December 11, 2002, and August 3, 2003, respectively, and a judgment of the same court entered March 4, 2003 (Appellate Division Docket Nos. 203-00854, 2003-07480, 2003-08113), which were determined by decision and order of this court dated July 18, 2005, and for leave to reargue appeals from two orders of the same court both dated November 25, 2003, and two orders of the same court both dated April 14, 2004, respectively (Appellate Division Docket Nos. 2003-10795, 2003-10984, 2004-04792, 2004-04794), which were determined by decision and order of this court also dated July 18, 2005 or, in the alternative, for leave to appeal to the Court of Appeals from the two decisions and orders of this court. Separate motion by the respondent to stay enforcement of the decisions and orders of this court dated July 18, 2005, pending hearing and determination of the motion for leave to reargue or for leave to appeal to the Court of Appeals.

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

ORDERED that the motion, inter alia, for leave to reargue is denied, with $100 costs; and it is further,

ORDERED that the motion for a stay is denied as academic.

FLORIO, J.P., H. MILLER, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30968

S/sl

2005-03444 Maria Aparicio, appellant, v John Fazio, appellant. (Index No. 3496/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated February 17, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 5, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30846

A/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-02111 Bank of America, NA, respondent, v Daniel M. Tobin, defendant; Victoria Ann Tobin, nonparty-appellant. (Index No. 8849/02)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant pro se on an appeal from an order of the Supreme Court, Orange County, dated February 4, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal is denied with leave to renew upon perfection of the appeal, including an appendix which complies with the rules of this court (see 22 NYCRR 670.10.2[c]), and which includes the motion papers submitted by the parties which resulted in the order dated February 4, 2004; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,

 ORDERED that the appellant's time to perfect the appeal is enlarged until November 21, 2005, and the appendix on the appeal and the appellant's brief must be served and filed on or before that date.

FLORIO, J.P., KRAUSMAN, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30981

Y/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-07766, 2004-10739, 2004-10740, 2005-00826, 2005-01313 Ira Berliner, appellant-respondent, v Mariann Berliner, respondent-appellant. (Index No. 6107/02)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on appeals from two orders of the Supreme Court, Westchester County, dated November 30, 2004, and December 6, 2004, respectively, and two judgments of the same court dated July 20, 2004, and January 12, 2005, respectively, and an appeal and cross appeal from a judgment of the same court dated December 10, 2004, for leave to reargue her cross motion to strike the appellant-respondent's brief and appendix, inter alia, for failure to consult with her on a joint appendix as required by 22 NYCRR 670.8 and failure to settle the transcripts as required by CPLR 5525, for leave to file a separate appendix on the cross appeal, and to vacate the stay imposed by decision and order on motion of this court dated March 3, 2005, which was decided by decision and order on motion of this court dated June 20, 2005.

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

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

SCHMIDT, J.P., CRANE, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31018

CF/

2005-07189 Manuel Bernal, appellant, v R & R Realty Associates, et al., respondents (and a third-party action). (Index No. 15473/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

Appellate Division: Second Judicial Department

M31005

S/sl

2005-03716 Rosario Chavez, appellant, v City of New York, et al, respondents. (Index No. 3099/95)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated February 28, 2005.

ORDERED that the application is granted and 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.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30418

A/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-04212 Florence Ciafone, appellant, v New York University Medical Center, et al., respondents. (Index Nos. 1653/01, 6830/04)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the respondent New York University Medical Center to dismiss an appeal from an order of the Supreme Court, Queens County, dated January 27, 2005, on the ground that the notice of appeal was not timely served.

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

ORDERED that the motion is denied, and the notice of appeal which was timely filed, is deemed timely served (see CPLR 5520[a]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30996

R/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-04821 Carmen Covarrubias, et al., respondents, v County of Suffolk, appellant, et al., defendants. (Index No. 20026/99)

DECISION & ORDER ON MOTION

Application by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 2, 2005.

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

ORDERED that on the court's own motion, the appeal is dismissed as the order appealed from is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701[a][2]); and it is further,

ORDERED that the application is denied as academic.

SCHMIDT, J.P., SANTUCCI, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31045

T/sl

2005-00696 Nora DuBois, appellant, v Brookdale University Hospital & Medical Center, et al., respondents. (Index No. 6062/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, entered December 7, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 14, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30999

S/sl

2005-03721 Eugenia Dumbadze, appellant, v New York City Health & Hospital Corporation, defendant; Parker & Waichman, nonparty-respondent. (Index No. 23679/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated March 15, 2005.

ORDERED that the application is granted and 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.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31002

CF/

2005-08481 Elphaba II, LLC, et al., respondents, v ARG SPV II, LLC, appellant. (Index No. 8026/05)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Suffolk County, dated August 17, 2005.

Upon the stipulation of the parties, dated September 21, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31008

Y/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2004-10647 Jeffrey Feldman, plaintiff-appellant, v CSX Transportation, Inc., et al., defendants- respondents, General Electric Railcar Services Corporation, defendant third-party plaintiff- respondent; Pure Tech, etc., et al., third-party defendants-appellants. (Index No. 26985/02)

DECISION & ORDER ON MOTION

Motion by the plaintiff-appellant on an appeal from an order of the Supreme Court, Kings County, dated October 19, 2004, for leave to serve and file, as an addendum to his reply brief, a page from the Federal Railroad Administration's Motive Power and Equipment Compliance Manual.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31021

CF/

2005-03682 First Resource Mortgage Corp., appellant, v Your Approved Funding Corp., respondent, et al., defendants. (Index No. 11625/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 10, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30855

C/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-08722, 2005-08723 Lisa Freihofner, appellant, v Gregory Freihofner, respondent. (Index No. 5173/01)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, dated August 1, 2005, and August 5, 2005, respectively, to stay enforcement of the order dated August 1, 2005, pending hearing and determination of the appeals.

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 enforcement of the order dated August 1, 2005, is stayed pending hearing and determination of the appeals.

SCHMIDT, J.P., SANTUCCI, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30967

S/sl

2005-03788 Ramona Hodges, respondent, v Wayne Hodges, appellant. (Index No. 203881/01)

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 and judgment (one paper) of the Supreme Court, Nassau County, dated March 9, 2005.

ORDERED that the application is granted and 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.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30966

S/sl

2005-03931 Michael Jaliman, appellant, v Janine Selendy, et al., respondents. (Index No. 12820/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated March 17, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 19, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30927

S/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2004-07277, 2004-10262 John Kingston, etc., respondent, v Michael Breslin, et al., appellants. (Index No. 17481/00)

DECISION & ORDER ON MOTION

Motion by the respondent to deny the appellants oral argument of appeals from two orders of the Supreme Court, Westchester County, dated May 26, 2004, and October 28, 2004, respectively, and cross motion by the appellants for a preference in the calendaring of the appeals.

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

ORDERED that the motion and cross motion are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31038

CF/

2004-10610 Laurel Koestereich, etc., et al., plaintiff- respondent, v Nancy Turner-Banks, etc., et al., appellants, Abayomi Orafidiya, etc., et al., defendants-respondents. (Index No. 7168/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Nyack Hospital to withdraw an appeal from an order of the Supreme Court, Rockland County, dated November 4, 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 by Nyack Hospital is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30858

A/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-07196, 2005-07210 Glenn Koniuk, plaintiff, v Josephine Scarpulla Koniuk, respondent. (Index No. 14138/04)

DECISION & ORDER ON MOTION

Motion by Glenn Koniuk for leave to appeal to this court from two orders of the Supreme Court, Westchester County, dated June 30, 2005, and July 25, 2005, respectively, and to stay enforcement of the orders and all proceedings in the above-entitled action pending hearing and determination of 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 for leave to appeal to this court is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

SCHMIDT, J.P., SANTUCCI, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30964

S/sl

2005-03319 Anthony P. LaTorre, et al., respondents, v New York City Transit Authority, appellant, et al., defendants. (Index No. 29340/01)

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 January 18, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 5, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30953

Y/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-06220, 2005-08601 Elsa Lara, et al., respondents, v Lakisha Simmons, et al., appellants. (Index No. 6838/02)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated May 10, 2005 (Appellate Division Docket No. 2005-06220), on the ground that a judgment was entered July 11, 2005 and the right of direct appeal from the order terminated with entry of the judgment (see Matter of Aho, 39 NY2d 241, 248). Cross motion by the appellants to deem the notice of appeal from the order to be a notice of appeal from the judgment.

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

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

ORDERED that on the court's own motion, the notice of appeal from the order is deemed to also be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,

ORDERED that the cross motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31013

CF/

2005-06655 Sandra Marra, respondent, v Nicola F. Marra, appellant. (Index No. 19859/04)

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 June 1, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30998

R/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-04802 Jorge O. Matamoros, appellant, v Terssa Antony, et al., respondents. (Index No. 9522/02)

DECISION & ORDER ON MOTION

Application by the appellant to enlarge the time to perfect an appeal from a transcript of the Supreme Court, Queens County, dated March 29, 2005.

Upon the papers filed in support of the application 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 transcript dated March 29, 2005, is dismissed, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,

ORDERED that the application is denied as academic.

SCHMIDT, J.P., SANTUCCI, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31022

CF/

2005-03821 Nadine Murden, appellant, v John R. Brown, et al., respondents. (Index No. 9792/01)

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 March 10, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31025

C/sl

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-07113 Eddie Neal, appellant, v Jim Kim, etc., et al., respondents. (Index No. 11655/03)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Queens County, dated May 16, 2005, to dismiss the appeal on the ground that the notice of appeal was not timely served upon them, and, in effect, for summary affirmance of the order.

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 on the ground that the notice of appeal was not timely served is denied; and it is further,

ORDERED that on the court's own motion, the notice of appeal, which was timely filed, is deemed to have been timely served (see CPLR 5520[a]); and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30997

Y/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

FRED T. SANTUCCI

GLORIA GOLDSTEIN, JJ.

2003-09789 North Shore Environmental Solutions, Inc., et al., appellants, v Allen K. Glass, etc., et al., respondents. (Index No. 19903/02)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated September 12, 2003, which was determined by decision and order of this court dated April 11, 2005. Cross motion by the respondents, inter alia, to impose a sanction.

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

ORDERED that the motion is denied, with $100 costs; and it is further,

ORDERED that the cross motion is denied.

ADAMS, J.P., CRANE, SANTUCCI and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31003

CF/

2005-06349 Hayley Perlmutter, et al., respondents, v Long Island Jewish Medical Center, et al., appellants. (Index No. 28225/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 31, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31016

CF/

2005-07797 Christopher Principato, appellant, v National Grange Mutual Insurance Company, et al., respondents. (Index No. 10052/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 15, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30992

E/sl

BARRY A. COZIER, J.P.

FRED T. SANTUCCI

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-08053 Rainbow Hill Homeowners Association, Inc., respondent, v Gigante, Inc., d/b/a Celebration for Kids, appellant. (Index No. 12980/04)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Richmond County, dated August 12, 2005, for leave to reargue that branch of the appellant's motion which was to stay all proceedings in the above-entitled action and in a matter entitled Matter of Rainbow Hill Homeowners Assn. v Gigante, Inc., pending in the Civil Court, Richmond County, under Index No. 50249/05, which was determined by decision and order dated September 8, 2005, or, in the alternative, to direct the appellant to post an undertaking.

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

ORDERED that the motion is denied.

COZIER, J.P., SANTUCCI, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31004

CF/

2005-07016 Carol Raymond, appellant, v Kiera M. Fox, et al., respondents. (Index No. 8083/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated May 9, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31037

CF/

2005-05374 Christine Reede, appellant, v J. DeBenedictis & Sons Building Corp., et al., respondents. (Index No. 1452/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester 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

Appellate Division: Second Judicial Department

M31023

CF/

2005-04001 Lydia Rivera, respondent, v City of New York, et al., appellants. (Index No. 25689/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 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

Appellate Division: Second Judicial Department

M30985

R/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-01750 Russo Realty Corp., respondent, v Elise Orlando, appellant, et al., defendants. (Index No. 23287/96)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated February 2, 2005, for leave to serve and file a supplemental record containing the transcript of oral argument on the motion which resulted in the order dated February 2, 2005.

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

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

ORDERED that on or before October 27, 2005, the respondent shall serve and file a supplemental record containing the above-referenced transcript.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31015

CF/

2005-04678 Caroline Saslow, a/k/a Caroline Rockwood, appellant, v Edwin Joseph Saslow, etc., respondent. (Index No. 5217/98)

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 31, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30863

A/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-07831, 2005-07832 Alexander Shkolnik, respondent, v Igor Krutoy, et al., defendant, Romaro Corp., etc., et al., appellants. (Index No. 36979/04)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, in effect, to cancel a notice of pendency filed by the respondent against the subject property, pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated April 4, 2005, and July 8, 2005, respectively, and for a preference in the calendaring of the appeals.

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.

SCHMIDT, J.P., SANTUCCI, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31032

CF/

2005-04693 Gerald R. Shugar, respondent, v Suzan E. Marbak, etc., appellant. (Index No. 23500/04)

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 April 15, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31019

CF/

2005-04816 Robert J. Verdu, et al., respondents, v Anthony R. Perino, appellant. (Index No. 4200/03)

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 26, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31012

CF/

2005-03951 Alan Zoldan, respondent, v Aldo Group, Inc., et al., appellants. (Index No. 7208/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated March 31, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30819

M/nal

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-05069 In the Matter of Alexander B. (Anonymous). Administration for Children's Services, respondent; Veronica B. (Anonymous), appellant; Steven Banks, etc., nonparty-appellant. (Proceeding No. 1) In the Matter of Nacho B. (Anonymous). Administration for Children's Services, respondent; Veronica B. (Anonymous), appellant; Steven Banks, etc., nonparty-appellant. (Proceeding No. 2) (Docket Nos. N-12746-01, N-12747-01)

SCHEDULING ORDER

Separate appeals by Veronica B. and the Law Guardian from an order of the Family Court, Kings County, dated May 25, 2005. The Law Guardian's brief was served and filed on August 4, 2005, and the brief of the appellant Veronica B. was served and filed on September 29, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order; and it is further,

ORDERED that no enlargements of time shall be granted.

SCHMIDT, J.P., SANTUCCI, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M30909

C/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-08210 In the Matter of Bradley Corporate Park, etc., et al., petitioners, v Erin Crotty, etc., et al., respondents. (Index Nos. 3076/04, 6482/01)

DECISION & ORDER ON MOTION

Motion by the respondents in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Rockland County, dated July 18, 2005, inter alia, to strike, as unnecessary, the notice of appeal filed by the petitioners, dated August 19, 2005, and to vacate the order dated July 18, 2005, except to the extent that it transferred the proceeding to this court. Cross motion by the petitioners for leave to appeal to this court from those portions of the order dated July 18, 2005, for which the notice of appeal has been filed.

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

ORDERED that the motion and cross motion are referred to the panel of Justices hearing the proceeding for determination upon the argument or submission thereof.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30994

M/nal

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-02601 In the Matter of Alyson B. Brzozowski, a/k/a Alyson Puhn, a/k/a Alyson Cohen, appellant, v Paul T. Brzozowski, respondent. (Proceeding No. 1) In the Matter of Paul T. Brzozowski, respondent, v Alyson B. Brzozowski, a/k/a Alyson Puhn, a/k/a Alyson Cohen, appellant. (Proceeding No. 2) (Docket Nos. V-1938-03, V-6809-03)

SCHEDULING ORDER

Appeal by Alyson B. Brzozowski, a/k/a Alyson Puhn, a/k/a Alyson Cohen from an order of the Family Court, Nassau County, dated February 23, 2005. The appellant's brief was filed in the office of the Clerk of this court on August 11, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until November 3, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

SCHMIDT, J.P., SANTUCCI, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30987

M/nal

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-05077 In the Matter of Jacqueline Crevi, respondent, v Peter Martino, appellant. (Docket No. F-11173-04)

DECISION & ORDER ON MOTION

Appeal by Peter Martino from an order of the Family Court, Suffolk County, dated April 12, 2005. By decision and order on motion dated August 25, 2005, the appellant was given until October 3, 2005, to perfect the above-entitled appeal. The appeal has not been perfected. On the court's own motion it is

ORDERED that the appeal is dismissed, without costs or disbursements.

SCHMIDT, J.P., SANTUCCI, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30943

Y/sl

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-00647 In the Matter of Nicholas C. Hoffman, appellant, v Theresa Debello-Tehany, respondent. (Docket No. F-11361-03)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Suffolk County, entered December 14, 2004, on the ground that the transcript was not properly settled, and application by the respondent to enlarge time to serve and file a brief.

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

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until October 26, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time will be granted; and it is further,

ORDERED that the motion by the respondent to dismiss the appeal is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30993

M/nal

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-00199 In the Matter of Jearmy Kennedy, appellant, v Jessica Kraft Kennedy, respondent. (Docket No. V-11041-03)

SCHEDULING ORDER

Appeal by Jearmy Kennedy from an order of the Family Court, Suffolk County, dated November 4, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until November 3, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

SCHMIDT, J.P., SANTUCCI, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30886

E/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-06104 In the Matter of Halime Kurkcu, appellant, v Ayse Cokyuksel, respondent. (Docket No. O-18368/04)

DECISION & ORDER ON MOTION

Motion by the attorney assigned to represent the respondent by the Family Court, Queens County, to be relieved, for leave to the respondent to defend an appeal from an order of the Family Court, Queens County, dated May 19, 2005, as a poor person, for the assignment of counsel, and to enlarge the time to serve and file a brief.

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

ORDERED that counsel shall serve a copy of this decision and order upon the respondent on or before October 28, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the respondent on the appeal and leave to defend the appeal as a poor person are denied, with leave to renew on or before November 28, 2005, upon proper papers, including the respondent's affidavit setting forth the respondent's full financial situation including all assets, both real and personal, as well as any and all sources of income, itemized expenses, and the equity value of her home; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is denied as premature.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31000

L/

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2004-10015 In the Matter of New York Central Mutual Fire Insurance Company, petitioner-respondent, v Anthony Bollaci, et al., appellants, et al., respondent (Index No. 4368/04)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 20, 2004.

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

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

H. MILLER, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30949

Y/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2004-06997 In the Matter of Juvondi Pender, petitioner- respondent, v N.Y.S. Disciplinary Panel, et al., respondents-respondents, New York State Office of Mental Retardation and Developmental Disabilities, et al., appellants. (Index No. 282/03)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent pro se, inter alia, to waive the motion filing fee and to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 8, 2004.

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 to waive the motion filing fee is granted; 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 and the petitioner-respondent's time to serve and file a brief is enlarged until November 9, 2005, and the petitioner-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time will be granted; and it is further, ORDERED that the motion is otherwise denied.

S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30990

M/nal

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM A. MASTRO

REINALDO E. RIVERA, JJ.

2004-07328, 2004-07329 In the Matter of Daisy Rodriguez, appellant, v Mark Guerra, respondent. (Docket No. V-10165-01)

SCHEDULING ORDER

Appeals by Daisy Rodriguez from two orders of the Family Court, Queens County, dated June 30, 2004, and July 15, 2004, respectively. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until November 22, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30988

Y/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-02838 In the Matter of Barbara N. Taylor, appellant, v New York City Board of Elections, et al., respondents. (Index No. 25346/04)

DECISION & ORDER ON MOTION

Motion by the appellant to waive the filing fee on an appeal from an order of the Supreme Court, Kings County, dated January 7, 2005, and for an enlargement of time to perfect the appeal.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect is denied; and it is further,

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the motion is otherwise denied as academic.

H. MILLER, J.P., RITTER, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31028

CF/

2005-06401 In the Matter of Travelers Indemnity Company of Illinois, appellant, v Anthony Ciaravino, et al., respondents. (Index No. 1450/05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 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

Appellate Division: Second Judicial Department

M31039

E/sl

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2004-02189 In the Matter of Eric Turkewitz, petitioner, v Planning Board of City of New Rochelle, et al., respondents. (Index No. 18421/03)

DECISION & ORDER ON MOTION

Motion by the petitioner in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, entered March 12, 2004, to enjoin the respondent Young Israel of New Rochelle from demolishing a certain building and commencing construction of a synagogue at the subject premises.

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.

PRUDENTI, P.J., S. MILLER, SPOLZINO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30991

M/nal

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2004-10290 In the Matter of Kevin Williams, respondent, v Loretta Bentley, appellant. (Docket Nos. V-20982/03, V-20983-03, V-20984-03)

SCHEDULING ORDER

Appeal by Loretta Bentley from an order of the Family Court, Suffolk County, dated October 25, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 8, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until October 17, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

SCHMIDT, J.P., SANTUCCI, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30995

M/nal

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-00344 In the Matter of Mona D. Wood, respondent, v Randy Brown, appellant. (Docket No. O-02269-04)

SCHEDULING ORDER

Appeal by Randy Brown from an order of the Family Court, Richmond County, dated December 16, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until October 31, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

SCHMIDT, J.P., SANTUCCI, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30928

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03762 In the Matter of Tomieke Y. (Anonymous). Suffolk County Department of Social Services, respondent; Lori A. B. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Marquise G. (Anonymous). Suffolk County Department of Social Services, respondent; Lori A. B. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Marvin G. (Anonymous). Suffolk County Department of Social Services, respondent; Lori A. B. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-20406-04, N-20675-04, N-20676-04)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court

Motion by the appellant's assigned counsel to be relieved of the assignment to prosecute an appeal from an order of the Family Court, Suffolk County, dated March 18, 2005. The motion for assignment of counsel was granted on September 19, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

David A. Morris, Esq.

93 Wheeler Road

Central Islip, New York 11722

(631) 234-8234

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 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 § 1120, the following named attorney is assigned as counsel to prosecute the appeal:

Janessa Trotto, Esq.

49 Main Street - Suite 2

Sayville, New York 11782

(631) 897-3410

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30780

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06159 The People, etc., respondent, v Anthony Ayler, appellant. (Ind. No. 3217/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered June 8, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 3392

Box 200

West Coxsackie, New York 12051

Appellate Division: Second Judicial Department

M30776

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06897 The People, etc., respondent, v Rimvydas Baliukonis, appellant. (Ind. No. 9067/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered July 6, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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:

2255 Benson Avenue - Apt. 5E

Brooklyn, New York 11214

Appellate Division : Second Judicial Department

M30836

F/

ROBERT W. SCHMIDT, J.

2005-07086 The People, etc., plaintiff, v Ronald Bower, defendant. (Ind. No. 79000/91)

DECISION & ORDER ON APPLICATION

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

ROBERT W. SCHMIDT

Associate Justice

Appellate Division: Second Judicial Department

M30794

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-07221 The People, etc., respondent, v Michael J. Brown, appellant. (Ind. No. 1279/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered July 13, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M30932

Y/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-11060 The People, etc., respondent, v Jose Carmona, a/k/a Jose Cruz, appellant. (Ind. No. 04/446)

DECISION & ORDER ON MOTION Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered December 13, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition or 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

Appellant's address:

04 A 6788

Clinton Corr. Fac.

Box 2001

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M30782

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-04747 The People, etc., respondent, v David Chung, appellant. (Ind. No. 15033/04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered May 6, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 R 2223

P.O. Box 501 - Dunbar Road

Attica, New York 14011

Appellate Division: Second Judicial Department

M30793

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06928 The People, etc., respondent, v Ricardo Cisneros, appellant. (Ind. No. 10920/02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered June 3, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 R 3257

Ulster Corr. Fac.

Box 800

Napanoch, New York 12458

Appellate Division: Second Judicial Department

M30934

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-07438, 2005-07439 The People, etc., respondent, v Andrew Cohall, appellant. (Ind. Nos. 02-00027, 05-00251)

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 an amended judgment and a judgment of the County Court, Orange County, both rendered July 26, 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 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 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 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:

Steven Feldman, Esq.

626 EAB Plaza

West Tower - Sixth Floor

Uniondale, New York 11556

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 3974

Downstate Corr. Fac.

Box F - Red Schoolhouse Road

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M30784

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-04522 The People, etc., respondent, v Angel Colon, appellant. (Ind. No. 3638/04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 28, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 2610

354 Hunter Street

Ossining, New York 10562

Appellate Division: Second Judicial Department

M30800

F/

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-02261 The People, etc., respondent, v Guy Coston, appellant. (Ind. No. 38/04)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Richmond County, rendered March 7, 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 opposition thereto, it is

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

COZIER, J.P., KRAUSMAN, GOLDSTEIN, and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 1400

Coxsackie Corr. Fac.

Box 999

Coxsackie, New York 12051

Appellate Division: Second Judicial Department

M30933

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-00171 The People, etc., respondent, v Nestor Cruz, appellant. (Ind. No. 04-00283)

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, Orange County, rendered August 13, 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:

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, New York 10128

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:

04 A 4485

Mohawk Corr. Fac.

6100 School Road

P.O. Box 8451

Rome, New York 13442-8451

Appellate Division: Second Judicial Department

M30773

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06931 The People, etc., respondent, v Shannon Dallas, appellant. (Ind. No. 8394/03)

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

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

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 R 3026

Marcy Corr. Fac.

Box 5000

Marcy, New York 13403

Appellate Division: Second Judicial Department

M30811

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-04732 The People, etc., respondent, v Nicholas DeJesus, appellant. (Ind. No. 4809/02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered May 21, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 3083

Cape Vincent Corr. Fac.

Route 12E - Box 739

Cape Vincent, New York 13618

Appellate Division: Second Judicial Department

M30787

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05465 The People, etc., respondent, v Rudolph Dick, appellant. (Ind. No. 8822/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered June 21, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 3493

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M30803

F/

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-07607 The People, etc., respondent, v Fritz Elysee, appellant. (Ind. No. 9083/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered August 4, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M30786

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06155 The People, etc., respondent, v Corey Faison, appellant. (Ind. No. 1310/04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered May 18, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 2912

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M30971

F/

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-02258, 2005-02259 The People, etc., respondent, v Daniel Ferraro, appellant. (Ind. Nos. 680-04, 2813-04)

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

Renewed motion by the appellant pro se for leave to prosecute appeals from two judgments of the County Court, Suffolk County, both rendered January 31, 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 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 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 the 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 C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 0679

Cayuga Corr. Fac.

Box 1186

Moravia, New York 13118

Appellate Division: Second Judicial Department

M30778

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-08875 The People, etc., respondent, v Ronald Fredericks, appellant. (Ind. No. 1644/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered September 29, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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:

04 A 6082

Clinton Corr. Fac.

Box 2001

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M30830

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-04156 The People, etc., respondent, v Emil Gonzalez, appellant. (Ind. No. 6582/04)

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

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

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 2384

P.O. Box 2000

309 Bare Hill Road

Malone, New York 12953

Appellate Division: Second Judicial Department

M30931

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-08330 The People, etc., respondent, v Danilo Gutierrez, appellant. (Ind. No. 05-00123)

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, Orange County, rendered August 23, 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:

John Savoca, Esq.

One Barker Street - Suite 135

White Plains, New York 10601

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 4489

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M30910

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2005-05981 The People, etc., respondent, v Annette Harris, appellant. (Ind. No. 3843/04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 16, 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 on the court's own motion, the appellant's motion papers are deemed to constitute an application pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment, and the application is granted; and it is further,

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

H. MILLER, J.P., COZIER, CRANE, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M30813

F/

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-06133 The People, etc., respondent, v Gerald Harrison, appellant. (Ind. No. 2890/03)

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 Supreme Court, Kings County, rendered May 26, 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 relation 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 the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

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

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and 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.

RITTER, J.P., SANTUCCI, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 3045

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M30796

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06926 The People, etc., respondent, v Windel Hutson, appellant. (Ind. No. 1141/04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered June 28, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M30791

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06757 The People, etc., respondent, v George James, appellant. (Ind. No. 538/04)

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

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

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 3432

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M30798

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06279 The People, etc., respondent, v Phillip Jean-Laurent, appellant. (Ind. No. 2269/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered June 1, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M30810

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-02611 The People, etc., respondent, v Nori Jenkins, appellant. (Ind. No. 6816/02)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered March 3, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 2007

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Appellate Division: Second Judicial Department

M30795

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06927 The People, etc., respondent, v Keith Johnson, a/k/a Waturi Johnson, appellant. (Ind. No. 10553/04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered June 28, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M30812

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-02478 The People, etc., respondent, v Wieslaw Krotoszynski, appellant. (Ind. No. 2120/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered March 9, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 R 1225

Watertown Corr. Fac.

P.O. Box 168

Watertown, New York 13601

Appellate Division: Second Judicial Department

M30802

F/

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-07284 The People, etc., respondent, v Achyvaldo Lara, appellant. (Ind. No. 55/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Richmond County, rendered December 3, 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 opposition thereto, it is

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 6617

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Appellate Division: Second Judicial Department

M30781

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-04546 The People, etc., respondent, v Noel Licea, appellant. (Ind. No. 10143/98)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 20, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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:

99 A 1890

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582

Appellate Division : Second Judicial Department

M30835

F/

PETER B. SKELOS, J.

2005-03904 The People, etc., plaintiff, v Christopher Loliscio, defendant. (Ind. No. 2167-89)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated March 31, 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.

PETER B. SKELOS

Associate Justice

Appellate Division: Second Judicial Department

M30785

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06933 The People, etc., respondent, v Anthony Long, appellant. (Ind. No. 685/04)

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

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

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 3682

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M30970

F/

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2003-08188 The People, etc., respondent, v Eliseo Lugo, Jr., appellant. (Ind. No. 120/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Nassau County, rendered May 29, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 4864

Altona Corr. Fac.

555 Devils Den Road

Altona, New York 12910

Appellate Division: Second Judicial Department

M30969

F/

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2003-07225 The People, etc., respondent, v Marcus Micolo, appellant. (Ind. No. 2511-01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered July 17, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 3985

Clinton Corr. Fac.

Box 2000

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M30804

F/

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-06944 The People, etc., respondent, v Alan Mills, appellant. (Ind. No. 4486/04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered May 11, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 2695

Downstate Corr. Fac.

Box F - Red Schoolhouse Road

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M30797

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06923 The People, etc., respondent, v Ricardo Muniz, appellant. (Ind. No. 1371/04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered June 30, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M30772

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06946 The People, etc., respondent, v Charles Parham, appellant. (Ind. No. 9507/01)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered June 9, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 3465

Southport Corr. Fac.

Box 2000

Pine City, New York 14871

Appellate Division: Second Judicial Department

M30930

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-07963 The People, etc., respondent, v Jimmy Pavon, appellant. (Ind. No. 05-00276)

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, Orange County, rendered August 10, 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:

Alex Smith, Esq.

6 North Street

Middletown, New York 10940

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 4401

Franklin Corr. Fac.

62 Bare Hill Road

P.O. Box 10

Malone, New York 12953

Appellate Division: Second Judicial Department

M30779

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-04750 The People, etc., respondent, v Alvin Rodriguez, appellant. (Ind. No. 1604/04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered May 9, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 2700

Shawangunk Corr. Fac.

Box 700

Wallkill, New York 12589

Appellate Division: Second Judicial Department

M30831

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-06687 The People, etc., respondent, v Robert Rodriguez, appellant. (Ind. No. 2405/03)

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 Supreme Court, Queens County, rendered May 9, 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 the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

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

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 2624

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M30801

F/

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-03235 The People, etc., respondent, v Michael Sheard, appellant. (Ind. No. 83/03)

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

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

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 1631

Five Points Corr. Fac.

Caller Box 119 - State Route 96

Romulus, New York 14541

Appellate Division: Second Judicial Department

M30792

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06924 The People, etc., respondent, v Selworth Smith, appellant. (Ind. No. 10909/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered June 21, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 3499

Ulster Corr. Fac.

Box 800

Napanoch, New York 12458

Appellate Division: Second Judicial Department

M30788

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06158 The People, etc., respondent, v James Thomas, appellant. (Ind. No. 3455/04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered June 23, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 3559

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M30807

F/

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-04741 The People, etc., respondent, v Christopher Thompson, appellant. (Ind. No. 5288/02)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 28, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

RITTER, J.P., SANTUCCI, MASTRO, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 2450

Orleans Corr. Fac.

3531 Gaines Basin Road

Albion, New York 14411

Appellate Division: Second Judicial Department

M30789

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-04735 The People, etc., respondent, v Tashwan Vailes, appellant. (Ind. No. 2583/04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 18, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 2218

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M30783

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-01463 The People, etc., respondent, v Kenny Whiteley, appellant. (Ind. No. 6024/02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered January 6, 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 0237

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Appellate Division: Second Judicial Department

M30878

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2003-05289 The People, etc., respondent, v James Williams, appellant. (Ind. No. 970/74)

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 an order of the Supreme Court, Kings County, dated April 18, 2003, issued pursuant to CPL 440.30, as a poor person, and for the assignment of counsel.

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

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

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

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings, if any, 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 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Lynn w. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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:

75 A 2192

Arthur Kill Corr. Fac.

2911 Arthur Kill Road

Staten Island, New York 10309

Appellate Division: Second Judicial Department

M30799

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-07437 The People, etc., respondent, v Blake Wingate, appellant. (Ind. No. 941/04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered July 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 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M30958

Y/sl

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2000-06000 The People, etc., respondent, v Fitzroy Wright, appellant. (Ind. No. 76046)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered June 6, 2000, and for the assignment of new 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; and it is further,

ORDERED that on the court's own motion, the decision and order on motion of this court dated August 19, 2005, is recalled and vacated, and the appellant's prior motion for leave to serve and file a supplemental brief is granted; and it is further,

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

00 A 3959

Shawangunk Corr. Fac.

Box 700

Wallkill, New York 12589

Appellate Division: Second Judicial Department

M30790

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03513 The People, etc., respondent, v David Wynter, appellant. (Ind. No. 1622/04)

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

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

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 1750

Five Points Corr. Fac.

Caller Box 119 - Route 96

Romulus, New York 14541