APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3467

J/mv

2003-07647 Khadeem Clarke, etc., et al., respondents, v City of New York, respondent-appellant, Trocom Construction Corporation, appellant- respondent, et al., defendant. (Index No. 18462/99)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated August 4, 2003.

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

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before November 17, 2003 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3470

A/mv

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2002-08272 Empire Insurance Company, plaintiff-respondent, v Henry J. Schliessman, et al., defendants-respondents, Utica Mutual Insurance Company, appellant. (Index No. 4823/00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated May 15, 2002, which was determined by decision and order of this court dated June 30, 2003.

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

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

ALTMAN, J.P., FLORIO, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3462

C/mv

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-06102 Erica Kaferlein, etc., et al., appellants, v Theresa Zeleny, et al., respondents. (Index No. 9323/02)

DECISION & ORDER ON MOTION

Motion by the respondents, in effect, to vacate so much of a decision and order on motion of this court dated August 4, 2003, as directed that all proceeds from the sale of the cooperative apartment at 55-25 31st Street, in Woodside, Queens, shall be held in an interest-bearing escrow account by their attorney pending hearing and determination of the appeal or further order of the Supreme Court, Queens County, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this court dated August 4, 2003.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., RITTER, SCHMIDT and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3460

C/mv

ANITA R. FLORIO, J.P.

HOWARD MILLER

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2002-09495 Mariana Lanc, appellant, v Michael Donnelly, et al., respondents. (Index Nos. 478/88, 6971/91)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated June 20, 2002. Cross motion by the respondents to dismiss the appeal for failure to timely perfect.

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 is granted to the extent that the appellant's time to perfect the appeal is enlarged until November 24, 2003, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date and the motion is otherwise denied; and it is further,

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

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3446

Y/mv

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2002-08003 Frank Scalzo, Jr., appellant, v County of Suffolk, et al., respondents, et al., defendants. (Index No. 00066/00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated July 22, 2002, which was determined by decision and order of this court dated June 16, 2003, 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.

SMITH, J.P., S. MILLER, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3475

O/mv

GLORIA GOLDSTEIN, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2003-08273 Squadron LLC, et al., respondents, v Jay Knopf, et al., appellants. (Index No. 2407/03)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated August 12, 2003.

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

ORDERED that the motion is denied.

GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3518

K/mv

SANDRA J. FEUERSTEIN, J.P.

GLORIA GOLDSTEIN

LEO F. McGINITY

STEPHEN G. CRANE, JJ.

2001-06746 Robert Walker, Jr., plaintiff-respondent, v Caldor, Inc., defendant-respondent, Tibbets Associates, respondent-appellant; Economy Plumbing & Heating, Inc., appellant-respondent. (Index No. 16349/94)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated May 14, 2002, in the above-entitled case is recalled and vacated.

FEUERSTEIN, J.P., GOLDSTEIN, McGINITY and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3522

K/mv

SANDRA J. FEUERSTEIN, J.P.

GLORIA GOLDSTEIN

LEO F. McGINITY

STEPHEN G. CRANE, JJ.

2001-06746 Robert Walker, Jr., plaintiff-respondent, v Caldor, Inc., defendant-respondent, Tibbets Associates, respondent-appellant; Economy Plumbing & Heating, Inc., appellant-respondent. (Index No. 16349/94)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent for leave to withdraw a letter dated February 25, 2002, withdrawing an appeal from an order of the Supreme Court, Nassau County, dated June 26, 2001.

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

ORDERED that the motion is denied.

FEUERSTEIN, J.P., GOLDSTEIN, McGINITY and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3469

O/mv

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

WILLIAM D. FRIEDMANN

STEPHEN G. CRANE, JJ.

2002-08337 In the Matter of Makirah Essie B. (Anonymous). Seamen's Society for Children and Families, respondent; Emily K. (Anonymous), appellant. (Docket No. 5252-01)

DECISION & ORDER ON MOTION

Appeal by Emily K. from an order of the Family Court, Kings County, dated August 16, 2002. By order to show cause dated September 3, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding as abandoned.

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

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

ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3473

O/mv

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

WILLIAM D. FRIEDMANN

STEPHEN G. CRANE, JJ.

2002-11499 In the Matter of Tyrone C. (Anonymous), and Ashley Migwena D. (Anonymous). Forestdale, Inc., respondent; Anita D. (Anonymous), appellant. (Docket Nos. B-6490-99, B-6491-99)

DECISION & ORDER ON MOTION

Appeal by Tyrone C. from an order of the Family Court, Queens County, dated December 8, 2002. By order to show cause dated September 21, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated March 21, 2003, issued pursuant to 22 NYCRR 670.4(a)(5).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated March 21, 2003 (see 22 NYCRR 670.4[a][5]).

ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3464

A/mv

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

WILLIAM D. FRIEDMANN

STEPHEN G. CRANE, JJ.

2003-04773 In the Matter of Cambridge Integrated Services, Inc., et al., appellants, v Kim Hunter, respondent, et al., proposed additional respondents. (Index No. 8186/02)

DECISION & ORDER ON MOTION

Motion by the appellants to stay a framed issue hearing in the above-entitled proceeding, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 25, 2003.

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

ORDERED that the motion is denied.

ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3466

A/mv

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-04465 In the Matter of Lynda DeSantis, appellant, v Joseph Troiano, respondent. (Docket Nos. F-619/02, F-1604/03)

DECISION & ORDER ON MOTION

Appeal by Lynda DeSantis from an order of the Family Court, Westchester County, dated April 21, 2003. By order to show cause dated September 2, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated June 18, 2003, issued pursuant to 22 NYCRR 670.4(a)(5).

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

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

ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated June 18, 2003, is amended to provide 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 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until November 28, 2003.

RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3456

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

GLORIA GOLDSTEIN, JJ.

1995-07551 In the Matter of Lawrence Alan Gottfried, a suspended attorney.

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent, Lawrence Alan Gottfried, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 24, 1981. By decision and order on motion of this court dated November 21, 1995, he was suspended from the practice of law for an indefinite period and until further order of this court, pursuant to 22 NYCRR 691.13(b), based on a documented medical condition that severely impaired his ability to practice law. By subsequent decision and order on motion of this court dated February 24, 2003, his application for reinstatement was denied with leave to renew upon the submission of a report from a qualified medical expert to be designated by the Chief Counsel to the Grievance Committee for the Tenth Judicial District. By decision and order on application of this court dated May 30, 2003, his application for reconsideration of a determination of this court denying his request to submit a report from his treating physician in Florida to attest to the current status of his health was denied.

Upon the report of the medical expert designated by the Chief Counsel to the Grievance Committee for the Tenth Judicial District, it is

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

ORDERED that, effective immediately, the respondent is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Lawrence Alan Gottfried to the roll of attorneys and counselors-at-law.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3452

S/mv

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

LEO F. McGINITY

STEPHEN G. CRANE, JJ.

2003-05528, 2003-05552 In the Matter of Felicia Henry, appellant, v Andrew Skratt, respondent. (Docket Nos. O-14090/03, V-20135/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order dated September 24, 2003, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Kings County, dated May 20, 2003, and June 3, 2003, respectively, as a poor person, and for the assignment of counsel.

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

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

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

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

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

Yasmin Daley-Duncan, Esq.

218 Smith Street

Brooklyn, New York 11202

(718) 284-3575

and it is further,

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

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the Clerk of the court from which the appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3477

O/mv

NANCY E. SMITH, J.P.

LEO F. McGINITY

HOWARD MILLER

REINALDO E. RIVERA, JJ.

2003-01379 In the Matter of Maria Korotun, et al., appellants, v Laurel Place Homeowner's Association, Inc., et al., respondents. (Index No. 13166/02)

DECISION & ORDER ON MOTION

Motion by the respondent Eliot Spitzer, Attorney-General of the State of New York, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated January 6, 2003, insofar as asserted against him, on the ground, inter alia, that the appellants are not aggrieved by that portion of the order which granted his cross motion to dismiss the first and third causes of action insofar as asserted against him.

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

ORDERED that the motion is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

ORDERED that on the court's own motion, the time for the respondent Eliot Spitzer, Attorney-General of the State of New York, to serve and file a brief is enlarged until November 14, 2003, and the brief must be served and filed on or before that date.

SMITH, J.P., McGINITY, H. MILLER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3442

C/mv

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

WILLIAM D. FRIEDMANN

STEPHEN G. CRANE, JJ.

2002-06501 In the Matter of Carlos M. (Anonymous). Administration for Children's Services, respondent; Nettie M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Shameka M. (Anonymous). Administration for Children's Services, respondent; Nettie M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Moranda M. (Anonymous). Administration for Children's Services, respondent; Nettie M. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Shawnta M. (Anonymous). Administration for Children's Services, respondent; Nettie M. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Shteria M. (Anonymous). Administration for Children's Services, respondent; Nettie M. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Sierra M. (Anonymous). Administration for Children's Services, respondent; Nettie M. (Anonymous), appellant. (Proceeding No. 6) In the Matter of Liquitta M. (Anonymous). Administration for Children's Services, respondent; Nettie M. (Anonymous), appellant. (Proceeding No. 7) In the Matter of Charles M. (Anonymous). Administration for Children's Services, respondent; Nettie M. (Anonymous), appellant. (Proceeding No. 8) (Docket Nos. N-12551-8/2000)

ORDER TO SHOW CAUSE

Appeal by Nettie M. from an order of the Family Court, Kings County, dated June 12, 2002. By order to show cause dated September 2, 2003, the appellant and the other parties to this appeal or their counsel were directed to show cause before this court why an order should not be entered dismissing the appeal in the above-entitled proceedings as abandoned.

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect the appeal.

ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3443

C/mv

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

WILLIAM D. FRIEDMANN

STEPHEN G. CRANE, JJ.

2002-06499 In the Matter of Thomas McCormick, appellant, v Diane Franklin, respondent. (Docket No. V-180-02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Family Court, Westchester County, dated July 2, 2002, for leave to serve and file a supplemental pro se brief.

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

ORDERED that the motion is granted. The appellant may serve and file a supplemental pro se brief on or before November 21, 2003.

ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3465

A/mv

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

WILLIAM D. FRIEDMANN

STEPHEN G. CRANE, JJ.

2001-07589 In the Matter of Jean-Joseph Roman, appellant, v Tamar Roman, respondent. (Docket No. F-87/01)

DECISION & ORDER ON MOTION

Appeal by Jean-Joseph Roman from an order of the Family Court, Westchester County, entered July 12, 2001. By order to show cause dated September 2, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 7, 2003, issued pursuant to 22 NYCRR 670.4(a)(5).

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

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

ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated May 7, 2003, is amended to provide 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 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until November 17, 2003.

ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3463

C/mv

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

WILLIAM D. FRIEDMANN

STEPHEN G. CRANE, JJ.

2003-07393 In the Matter of DeAndre Williams, a/k/a David Williams, petitioner, v Barbara G. Zambelli, etc., respondent.

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 for permission to proceed as a poor person 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]); and it is further,

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]).

ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3468

A/mv

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

WILLIAM D. FRIEDMANN

STEPHEN G. CRANE, JJ.

1998-05880, 1998-11393 The People, etc., respondent, v Julio Borrell, appellant. (Ind. Nos. 3794/44, 4841/94)

DECISION & ORDER ON MOTION Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file an addendum to his supplemental brief on appeals from two judgments of the Supreme Court, Queens County, rendered June 11, 1998, and December 10, 1998, respectively.

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.

ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

98-A-6799

Attica Correctional Facility

Box 149

Attica, New York 14011

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3457

C/mv

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2002-00528 The People, etc., respondent, v Frank Fanelli, a/k/a Dominic Fanelli, appellant. (Ind. No. 2210-01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered December 12, 2001, to strike the brief filed by assigned counsel, and for assignment of new counsel, or, in the alternative, for leave to serve and file a supplemental pro se brief.

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

ORDERED that the branch of the motion which for leave to serve and file a supplemental pro se 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; and it is further,

ORDERED that the motion is otherwise denied.

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.

RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02-A-0004

Collins Correctional Facility

Box 340

Collins, N.Y. 14034

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3479

E/mv

GLORIA GOLDSTEIN, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

1990-06716 The People, etc., respondent, v Darryl Grate, appellant. (Ind. No. 59404)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, rendered January 30, 1986.

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

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

ORDERED that the respondent's time to serve and file a brief is enlarged until October 27, 2003, and the respondent's brief must be served and filed on or before that date.

GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3453

C/mv

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

1999-05703 The People, etc., respondent, v Christopher Pagan, appellant. (Ind. No. 2623/98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to perfect an appeal from a judgment of the County Court, Suffolk County, rendered May 25, 1999.

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

ORDERED that the motion is dismissed on the ground that the appellant is represented by counsel.

RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3444

C/mv

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2000-04235 The People, etc., respondent, v Eric Parker, appellant. (Ind. No. 11241/98)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered April 26, 2000.

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

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

ORDERED that the respondent's time to serve and file a brief is enlarged until November 14, 2003, and the respondent's brief must be served and filed on or before that date.

RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3455

C/mv

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2002-02224 The People, etc., respondent, v Derek Sloane, appellant. (Ind. No. 00-01478)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Westchester County, rendered January 30, 2002.

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

ORDERED that the motion is denied, without prejudice to the defendant moving for leave to serve and file a supplemental pro se brief.

RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3476

O/mv

NANCY E. SMITH, J.P.

LEO F. McGINITY

HOWARD MILLER

REINALDO E. RIVERA, JJ.

2000-07205 The People, etc., respondent, v Omar Williams, appellant. (Ind. No. 835/99)

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 June 23, 2000.

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

ORDERED that the motion is denied.

SMITH, J.P., McGINITY, H. MILLER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk