Appellate Division: Second Judicial Department
M16974
C/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-09253 Judy Arias, etc., et al., respondents, v City of New York, et al., appellants. (Index No. 22660/97)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated August 5, 2003.
Upon the papers filed in support of the motion and no papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until December 15, 2004, and the respondents' brief must be served and filed on or before that date.
RITTER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16961
Y/nal
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
|
2004-00139, 2004-01776
Isabel Astudillo, appellant, v Flushing Hospital Medical Center, et al., defendants, Geddis Abel-Bey, et al., respondents. (Index No. 24635/00)
| DECISION & ORDER ON MOTION |
Separate motions by (1) the respondent James Liu and (2) the respondents Geddis Abel-Bey and Flushing Hospital Medical Center to dismiss appeals from an order of the Supreme Court, Queens County, dated November 10, 2003, and an undated order of the same court, for failure to timely perfect, and application by the appellant to enlarge time to perfect the appeals.
Upon the papers filed in support of the motions and application and the papers filed in opposition thereto, it is
ORDERED that the application is granted, the appellant's time to perfect the appeals is enlarged until November 15, 2004, and the record or appendix on the appeals and the appellant'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 motions by the respondents to dismiss the appeals are denied.
H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16964
CF/
|
2004-04189 Lori Bierman, appellant, v Jillian McCabe, defendant, Majors & Minor, Inc., etc., respondent. (Index No. 19628/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 30, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16588
A/sl
ANITA R. FLORIO, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-01246 Nachman Brach, appellant, v Ishak Fried, et al., respondents. (Index No. 429/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent Isaac Deutsch on an appeal from an order of the Supreme Court, Kings County, dated November 25, 2003, inter alia, to strike the record on appeal and the appellant's brief, on the ground that the caption names as defendants individuals who were never parties to this action, or in the alternative, to enlarge his 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 branches of the motion which are to strike the record on appeal and the appellant's brief are granted to the extent that on or before November 15, 2004, the appellant shall delete from the caption on the copies of the record on appeal and his brief on file with this court, and from his statement pursuant to CPLR 5531, the names of Harold M. Hoffman and Leonard Ledereich, and those branches of the motion are otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time of the respondent Isaac Deutsch to serve and file a brief is granted, and the time of the respondent Isaac Deutsch to serve and file a brief is enlarged until December 15, 2004.
FLORIO, J.P., MASTRO, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16968
C/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2002-10124 Jorjill Holding Ltd., respondents, v Grieco Associates, Inc., appellant. (Index No. 9286/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered October 3, 2002, which was determined by decision and order of this court dated April 12, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
H. MILLER, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16775
A/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2003-10840 The People of the State of New York, plaintiff, v Melvin Thomas, defendant; Godfrey G. Brown, nonparty-appellant. (Ind. No. 1360/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the County Court, Nassau County, dated October 6, 2003.
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 appellant's time to perfect the appeal is enlarged until November 15, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
RITTER, J.P., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16955
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2004-07340 Vincent Sodano, appellant, v Faithway Deliverance Center, Inc., et al., respondents.
(Index No. 45048/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Kings County, dated April 21, 2004, pending hearing and determination of the appeal, and separate motion by the respondent Faithway Deliverance Center, Inc., to dismiss the appeal on the ground that it was untimely taken.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied.
RITTER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16959
Y/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2004-08479 Willard Stillman, respondent, v Edward Kalikow, et al., appellants, et al., defendants. (Index No. 3874/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated September 28, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16971
C/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-09669 John Wolff, et al., respondents, v New York City Transit Authority, et al., appellants, et al., defendants. (Index No. 1615/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated September 26, 2003. Application by the appellants to stay all proceedings in the above-entitled action in the event the motion is granted.
Upon the papers filed in support of the motion and application and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until December 15, 2004, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the application is denied, without prejudice to the appellants making a formal motion for the same relief (see CPLR 8022[b]).
RITTER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16969
M/nal
|
2004-07103 In the Matter of Joseph A. (Anonymous). Orange County Department of Social Services, respondent; Dawn A. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Adam A. (Anonymous). Orange County Department of Social Services, respondent; Dawn A. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-3773-03, B-3774-03)
| SCHEDULING ORDER |
Appeal by Dawn A. from an order of the Family Court, Orange County, dated June 28, 2004. On the court's own motion, it is
ORDERED that the decision and order of this court dated October 8, 2004, in the above-entitled proceedings is recalled and vacated and the following is substituted therefor:
Appeal by Dawn A. from an order of the Family Court, Orange County, dated June 28, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M16977
O/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-06574, 2004-06576 In the Matter of Zoila Cronin, respondent, v Michael Cronin, appellant. (Docket No. F-324/02)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Richmond County, dated June 21, 2004, and July 12, 2004, respectively, and to grant the appellant leave to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition to or in relation 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 appellant on the appeals; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before October 29, 2004, 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 appellant on the appeals and leave to prosecute the appeals as a poor person are denied with leave to the appellant to renew, on or before November 12, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeals.
S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14785
M/nal
|
2004-06571 In the Matter of Lorna D. (Anonymous), respondent, v Colin Anderson A. (Anonymous), appellant. (Docket No. P-02453-01)
| SCHEDULING ORDER |
Appeal by Colin Anderson A. from an order of the Family Court, Kings County, dated July 6, 2004. By decision and order of this court dated October 6, 2004, the following attorney was assigned as counsel on the appeal:
Andrew John Calcagno, Esq.
404 Manor Road - 1st Floor
Staten Island, New York 10314
(718) 815-0200
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 6, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M15799
M/nal
|
2004-07623 In the Matter of Saquan Lyarkim E. (Anonymous), a/k/a Saquan E. (Anonymous), a/k/a Saquan E. (Anonymous), Jr. Child Development Support Corporation, petitioner- respondent; Saquan E. (Anonymous), Sr., appellant, et al., respondent. (Docket No. B-929/03)
| SCHEDULING ORDER |
Appeal by Saquan E., Sr., from an order of the Family Court, Queens County, dated May 7, 2004. By decision and order of this court dated October 6, 2004, the following attorney was assigned as counsel on the appeal:
Larry S. Bachner, Esq.
90-50 Parsons Blvd. - Suite 401
Jamaica, New York 11432
(917) 378-0176
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 6, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M16966
CF/
|
2004-04433, 2004-04434
In the Matter of Anthony G. (Anonymous). St. Christopher Ottilie, et al., respondents; Anna M. (Anonymous), appellant. (Docket Nos. B-1880/02, G-11438/04, N 1041/00, V-11441/04, V-11442/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Family Court, Kings County, dated April 7, 2004 and May 17, 2004, respectively.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16981
O/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
|
2003-01083 In the Matter of Kian Khatibi, appellant, v Richard E. Weill, etc., et al., respondents. (Index No. 14377/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Westchester County, entered December 20, 2002, which was determined by decision and order of this court dated June 14, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
KRAUSMAN, J.P., LUCIANO, COZIER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16580
A/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
ROBERT W. SCHMIDT
PETER B. SKELOS, JJ.
|
2004-04299 In the Matter of Howard Podolsky, petitioner, v Randy A. Daniels, etc., respondent. (Index No. 35378/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss a proceeding pursuant to CPLR article 78, which was transferred to this court by order of the Supreme Court, Kings County, dated April 23, 2004, on the ground that the petitioner failed to exhaust his administrative remedies, or, in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until November 15, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to dismiss the proceeding is denied, without prejudice to the respondent raising that issue in his brief.
SANTUCCI, J.P., LUCIANO, SCHMIDT and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16965
CF/
|
2004-04022 In the Matter of Christopher T. (Anonymous), appellant. (Docket No. D-282-00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated April 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16963
Y/sl
GABRIEL M. KRAUSMAN, J.P.
STEPHEN G. CRANE
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-06289 In the Matter of Adrian Trice, petitioner, v Glenn S. Goord, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).
The allegations of merit contained in the petitioner's affidavit in support of the motion for permission to proceed as a poor person fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
KRAUSMAN, J.P., CRANE, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16932
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-10469 The People, etc., respondent, v Anthony Allocco, appellant. (Ind. No. 02-01091)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Westchester County, rendered November 6, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
RITTER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16960
Y/nal
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2001-09811
The People, etc., respondent, v Reuben Avent, appellant. (Ind. No. 157/01)
| DECISION & ORDER ON MOTION for Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Rockland County, rendered October 23, 2001, and to be supplied with additional minutes of the proceedings.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for an enlargement of time is granted, the appellant's time to serve and file a supplemental brief is enlarged until December 6, 2004, and the appellant's supplemental brief shall be served and filed on or before that date; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16939
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2004-02583 The People, etc., respondent, v Joseph Bullard, appellant. (Ind. No. 1322-03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, rendered February 24, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on May 12, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Channing Kury, Esq.
15 Saratoga Street
Commack, New York 11725
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy if the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.), and written directions.
RITTER, J.P., GOLDSTEIN, ADAMS, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 R 0813
Wyoming Corr. Fac.
Box 501
Attica, New York 14011
Appellate Division: Second Judicial Department
M16856
A/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2002-05245
The People, etc., respondent, v Kenneth Burdge, appellant. (Ind. No. 1820/01)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered May 13, 2002, for leave to reargue a prior motion to be relieved of the assignment to prosecute the appeal, which was determined by decision and order on motion of this court dated May 3, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is held in abeyance, and on or before December 3, 2004, the appellant shall advise this court in writing whether he wishes to proceed pro se or have his current assigned counsel perfect the appeal. In the event that the appellant fails to advise this court in writing as to his decision by December 3, 2004, then assigned counsel is directed to serve and file a brief on or before January 4, 2005.
RITTER, J.P., FLORIO, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16936
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2000-06310 The People, etc., respondent, v Michael Collins Jr., appellant. (Ind. No. 2873-98)
| DECISION & ORDER ON MOTION |
Motion by James E. Neumann, Esq., to be substituted as retained counsel, in place of assigned counsel, to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered June 15, 2000, and to continue his poor person status on the appeal. The appellant's motion to dispense with printing and for assignment of counsel was granted on September 18, 2000, and the following named attorney was assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
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 said assigned counsel is directed to turn over all papers in the action to retained counsel:
James E. Neumann, Esq.
One Whitehall Street - 10th Floor
New York, New York 10004
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged. Retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (22 NYCRR 670.1, et seq.) and written directions.
RITTER, J.P., GOLDSTEIN, ADAMS, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
James E. Neumann, Esq.
One Whitehall Street - 10th Floor
New York, New York 10004
Appellate Division: Second Judicial Department
M16930
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
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2004-05233 The People, etc., respondent, v Abraham DeLara, appellant. (Ind. No. 03-01694)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Westchester County, rendered May 20, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel, and the source of money used to post his bail, and if the bail was the appellant's own money, what happened to the same after conviction.
RITTER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16962
Y/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2000-04687, 2000-07141 The People, etc., respondent, v Angelo Espinal, appellant.
(Ind. No. 3451/98)
|
Motion by the respondent to enlarge the time to serve and file a replacement brief on appeals from a judgment and an amended judgment of the Supreme Court, Queens County, both rendered April 27, 2000.
Upon the papers filed in support of the motion and upon the counsel of the parties, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a replacement brief is enlarged until October 22, 2004, and the respondent's replacement brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until November 5, 2004.
S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16938
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2004-07467
The People, etc., respondent, v Bernardo Figueroa, appellant.
(Ind. No. 1612-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered March 10, 2004, and 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 branch of the motion which is to extend the time to take the appeal is granted; and it is further,
ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
RITTER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16929
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2004-05427
The People, etc., respondent, v Anthony Foster, appellant. (Ind. No. 03-00928)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Westchester County, rendered June 15, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
RITTER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16967
PL/sl
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2004-04230, 2004-04231
The People, etc., respondent, v Gerald Garson, appellant. (Ind. Nos. 3515/03, 5332/03)
| ORDER ON APPLICATION |
ORDERED that the order on application of this court dated October 5, 2004, is amended by deleting from the preamble thereof the words "Supreme Court, Queens County," and substituting therefor the words "Supreme Court, Kings County."
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16874
F/
MYRIAM J. ALTMAN, J.
|
2004-05609 The People, etc., plaintiff, v Tyrone G. Ligon, a/k/a "Head" defendant. (Ind. No. 00-01886)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Suffolk County, dated May 10, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
MYRIAM J. ALTMAN
Associate Justice
Appellate Division: Second Judicial Department
M16933
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2004-07193
The People, etc., respondent, v Ronald Lucas, appellant. (Ind. No. 1904/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered July 26, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
RITTER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16873
F/
MYRIAM J. ALTMAN, J.
|
2004-06374 The People, etc., plaintiff, v Paul Pender, defendant. (Ind. No. 11795/91)
| 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 Supreme Court, Kings County, dated June 7, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
MYRIAM J. ALTMAN
Associate Justice
Appellate Division: Second Judicial Department
M16927
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2004-07420
The People, etc., plaintiff, v Christopher Silent, defendant. (Ind. No. 1035/03)
| 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 defendant pro se pursuant to CPL 460.30 for an extension of time to taken an appeal from a judgment of the County Court, Nassau County, rendered August 18, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, ADAMS, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 R 4761
Wyoming Corr. Fac.
Box 501
Attica, New York 14011
Appellate Division: Second Judicial Department
M16934
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2004-06998, 2004-06999
The People, etc., respondent, v Maurice Trent, appellant. (Ind. Nos. 2696-01, 2308-03)
| 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 appeals from two judgments of the County Court, Suffolk County, both rendered July 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 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:
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.
RITTER, J.P., GOLDSTEIN, ADAMS, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 R 3192
Ulster Corr. Fac.
Box 800
Napanoch, New York 12458
Appellate Division: Second Judicial Department
M16928
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2004-05917
The People, etc., respondent, v Terry Vaughn, appellant. (Ind. No. 03-00588)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Westchester County, rendered June 2, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
RITTER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court