Appellate Division: Second Judicial Department
M17016
S/nal
|
2004-00340
Thomas M. Adamo, appellant, v State of New York, respondent. (Claim No. 100496)
| 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 of the Court of Claims, dated December 10, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 19, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17029
A/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2002-11195, 2003-00937 Lauren Beller, etc., appellant, v William Penn Life Insurance Company of New York, respondent. (Index No. 4845/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to appeal to the Court of Appeals from a decision and order of this court, dated June 7, 2004, which determined appeals from two orders of the Supreme Court, Nassau County, entered October 8, 2002, and December 9, 2002, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., KRAUSMAN, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17018
J/nal
|
2003-09892
Salvatore Ciafone, respondent, v Ibn Kenyatta, appellant; Attorney General of State of New York, intervenor-respondent. (Index No. 1080/03)
| 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 of the Supreme Court, Westchester County, dated September 19, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 21, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17023
S/nal
|
2004-03479
Denise Cicione, etc., et al., appellants, v Bruce Meyer, etc., et al., respondents. (Index No. 8768/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated March 5, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 14, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17030
R/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-04812 Robert Crespi, respondent, v M.E.I.T. Associates, LLC, appellant.
(Index No. 27380/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated April 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.
FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17019
PL/sl
|
2004-02909
Affif Douidi, respondent, v 104-106 Delancey Realty, et al., appellant. (Index No. 33691/00)
| 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, Kings County, dated March 19, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 17, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17053
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-04154 Entenmann's Inc., et al., respondents, v Bancker Construction Corporation, et al., appellants. (Index No. 26133/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 16, 2003.
Upon the stipulation of the attorneys for the respective parties, dated September 30, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16986
M/nal
|
2003-11036 Eva Ferro, appellant, v William Ferro, respondent. (Index No. 26785/99)
| SCHEDULING ORDER |
Appeal by Eva Ferro from a judgment of the Supreme Court, Queens County, dated October 27, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 30, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M17020
PL/sl
|
2004-02024
Anthony Galassa, et al., plaintiffs respondents- appellants, v Lizda Realty, Ltd., defendant respondent-appellant, Exeter Builders Corp., defendant third-party plaintiff respondent- appellant, Sub Triboro Contracting, Inc., third- party defendant respondent-appellant, Deer Park Stair Building & Mill Work Company, Inc., third-party defendant appellant-respondent, et al., third-party defendants (and another third party action). (Index No. 26301/01)
| ORDER ON APPLICATION |
Application by the respondents-appellants Lizda Realty, Ltd., and Exeter Builders Corp., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated January 26, 2004.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until November 8, 2004, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17044
L/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-10708
Mark Grosso, et al., respondents, v Michael P. Carroll, etc., et al., appellants. (Index No. 1696/03)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 2, 2003.
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
RITTER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17022
S/nal
|
2004-00980
J.O.E.Y. Management, Inc., et al., respondents, v Warren Sabloff, et al., appellants, et al., defendants. (Index No. 8598/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated December 10, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 1, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17043
L/
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2003-04248 JFK International Air Terminal, LLC, respondent, v New York State Department of Taxation and Finance, et al., appellants. (Index No. 25816/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 13, 2003.
Upon the stipulation of the attorneys for the respective parties, dated October 14, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17026
PL/sl
|
2004-03745
Edward J. Kasner, et al., appellants, v Pathmark Stores, Inc., et al., respondents.
(Index No. 465/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated March 18, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 4, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17011
O/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-02473
Mayya Khatenever, respondent, v City of New York, et al., defendants-respondents, Frank Ariano & Sons, Inc., appellant. (Index No. 46583/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 30, 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.
FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17045
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2004-01397
Judith Leahy, respondent, v Federated Department Stores, Inc., d/b/a Bloomingdales, appellant. (and a third-party action) (Index No. 15566/01)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 10, 2003.
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17014
PL/sl
|
2003-09337
Rocco Mancini, et al., respondents, v Hardscrabble Commons Associates, et al., appellants. (Action No. 1) Joseph G. Scali, et al., appellants, v Rocco Mancini, et al., respondents. (Action No. 2) (Index No. 144/01)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Dutchess County, entered September 15, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 15, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16982
M/nal
|
2004-05813, 2004-07449 Paul J. Montuori, appellant, v Joan Roth, f/k/a Joan Montuori, respondent. (Appeal No. 1) (Index No. 96-25857) In the Matter of Joan C. Roth, respondent, v Paul Montuori, appellant. (Appeal No. 2) (Docket No. F-19967-03)
| SCHEDULING ORDER |
Appeals by Paul Montuori from an order of the Supreme Court, Suffolk County, dated June 1, 2004, and an order of the Family Court, Suffolk County, dated July 19, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled matters shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings, 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 to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M17047
L/
SONDRA MILLER, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2003-07250
Gregory Quattrocchi, et al., plaintiffs, v Orange & Rockland Utilities, Inc., defendant third-party plaintiff-respondent; Quattrocchi & Sons Roofing, Inc., et al., third-party defendants-respondents, Hermitage Insurance Company, third-party defendant-appellant. (Index No. 7248/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Rockland County, dated July 11, 2003.
Upon the stipulation of the attorneys for the respective parties, dated October 7, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
S. MILLER, J.P., SCHMIDT, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17027
S/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2004-08334, 2004-08335 Janet Rabbani, respondent, v Ouriel Rabbani, appellant. (Index No. 200276/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order of the Supreme Court, Nassau County, dated March 20, 2004, and a transcript of the same court, dated September 8, 2004, to stay enforcement of the order and the transcript, 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 on the court's own motion the appeal from the transcript is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order dated March 20, 2004, is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
RITTER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17042
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2004-03379
Rayman Rahim, et al., plaintiffs-respondents, v Consolidated Edison Company of New York, Inc., defendant third-party plaintiff-respondent; Safeway Construction Enterprises, Inc., third-party defendant-appellant. (Index No. 17690/01)
| DECISION & ORDER ON MOTION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 12, 2003.
Upon the stipulation of the attorneys for the respective parties, dated October 12, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17024
PL/sl
|
2004-02406
Town of Mount Pleasant, appellant, v Legion of Christ, Inc., respondent. (Index No. 14047/97)
| 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, Westchester County, dated February 3, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 22, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until December 22, 2004, and the respondent's 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 January 14, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17001
A/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-06518
Bertha Vigliarolo, et al., respondents, v Caesar's Pocono Paradise Stream Resort, appellant, et al., defendant. (Index No. 1743/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 14, 2004, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16905
PL/nal
|
2004-02337
Wagner College, et al., respondent, v Ace America Insurance Company, appellant. (Index No. 12662/00)
| 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, Richmond County, dated October 2, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal enlarged until December 6, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17050
L/
ANITA R. FLORIO, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-01370
Jordan Young, etc., respondent, v Robert K. Young, appellant.
(Index No. 3454/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 2, 2003.
Upon the stipulation of the attorneys for the respective parties, dated October 13, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
FLORIO, J.P., SMITH, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16922
A/sl
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-05491 In the Matter of Roger A. (Anonymous), appellant, v Martin F. Horn, etc., respondent.
(Index No. 1929/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated May 26, 2004, as a poor person, to waive the filing fee, for a copy of the transcript without charge, for the assignment of counsel, and to seal the file.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that those branches of the motion which are for a copy of the transcript without charge, to waive payment of the filing fee, and for the assignment of counsel are denied; and it is further,
ORDERED that the branch of the motion which is to seal the file is granted to the extent that the caption is amended to make the appellant's name anonymous, and that branch of the motion is otherwise denied.
ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16923
A/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2004-01766 In the Matter of Remedios Ballesteros, a/k/a Remy Ballesteros, deceased. Michael A. Ballesteros, respondent; Mary Carmen Ballesteros Heinemann, appellant; Cheryl Nielsen, et al., intervenors-respondents.
(File No. 483/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Surrogate's Court, Kings County, dated June 13, 2003, for leave to reargue a motion by the intervenors-respondents for leave to intervene as respondents on the appeal, to amend the caption to reflect that Cheryl Nielsen and Linda Greco are intervenors, and to enlarge the time to serve and file a brief, which was determined by decision and order of this court dated August 12, 2004, and cross motion by the intervenors-respondents to impose a sanction upon the appellant.
Upon the papers filed in support of the motion and the 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.
SANTUCCI, J.P., H. MILLER, ADAMS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17057
R/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-08793 In the Matter of Croton Watershed Clean Water Coalition, Inc., et al., petitioners, v New York City Department of Environmental Protection, et al., respondents.
(Index No. 21923/04)
| DECISION & ORDER ON MOTION |
Motion by the petitioners for leave to appeal to this court from an order of the Supreme Court, Queens County, dated September 30, 2004, and to enjoin the respondents from, inter alia, proceeding with any physical alteration of the grounds of Van Cortlandt Park or various intersections in Bronx County in connection with the construction of a water treatment plant pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17052
PL/sl
|
2003-10915
In the Matter of Richard Goldberg, petitioner, v Glen S. Goord, respondent. (Index No. 3797/03)
| ORDER ON APPLICATION |
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding which was transferred to this court by an order of the Supreme Court, Dutchess County, dated December 8, 2003.
ORDERED that the application is granted, the petitioner's time to perfect the proceeding is enlarged, and the briefs which were deposited in the office of the Clerk of the court are accepted for filing; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until November 22, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16984
M/nal
|
2004-00482 In the Matter of Shanasia H. (Anonymous). Suffolk County Department of Social Services, respondent; Eric R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dominque L. (Anonymous). Suffolk County Department of Social Services, respondent; Eric R. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-1004/03, N-1512/03, F-15540-02)
| SCHEDULING ORDER |
Appeal by Eric R. from an order of the Family Court, Suffolk County, entered December 15, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 13, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M16983
M/nal
|
2004-02135 In the Matter of Miriam Leyberman, respondent, v Lev Leyberman, appellant. (Docket No. F-02308/01)
| SCHEDULING ORDER |
Appeal by Lev Leyberman from an order of the Family Court, Kings County, dated December 29, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 13, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M17031
R/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-02774 In the Matter of Deborah Linksman, respondent, v Charles Linksman, appellant.
(Docket No. F-05595/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to stay enforcement of an order of the Family Court, Suffolk County, entered March 9, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16970
A/sl
GABRIEL M. KRAUSMAN, J.P.
STEPHEN G. CRANE
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-01924 In the Matter of Kevonntte Mc. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Shantte W. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Teonni Mc. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Shantte W. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. B-15867/03, B-15868/03)
| DECISION & ORDER ON MOTION |
Appeal by Shantte W. from an order of the Family Court, Suffolk County, dated January 23, 2004. By order to show cause dated August 20, 2004, 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 decision and order on motion of this court dated June 23, 2004, giving the appellant until August 9, 2004, to renew a motion for leave to prosecute the appeal as a poor person or to perfect the appeal. The appellant has not complied with the decision and order on motion dated June 23, 2004.
Now, on the court's own motion, and the papers filed in relation to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this court dated June 23, 2004 (see 22 NYCRR 670.4[a][5]).
KRAUSMAN, J.P., CRANE, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17025
S/nal
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-05044, 2004-08908
In the Matter of Camille N. Rochester, respondent, v Fred B. Rochester, appellant. (Docket No. O-5226-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
On the court's own motion, it is
ORDERED that its decision and order on motion dated September 28, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Suffolk County, dated May 5, 2004, and September 21, 2004, a poor person, and for the assignment of counsel.
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 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 appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:
Patricia Rouse, Esq.
P.O. Box 175
Wading River, New York, 11792
(631) 929-4474
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken
ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17017
PL/sl
|
2004-04710
Matter of Salvation Army, etc., appellant, v Dominick Ferrara, et al., respondents. (File No. 38/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a decree of the Surrogate's Court, Rockland County, dated April 15, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 3, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17021
S/nal
|
2004-03815
In the Matter of Vanessa Smith, respondent, v Westchester County Health Care Corporation, et al., appellants. (Index No. 17235/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated March 31, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 15, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16990
A/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
ROBERT A. SPOLZINO, JJ.
|
2004-02047 In the Matter of Ralph Staples, appellant, v Laura Smith, respondent. (Docket No. F-6557/97)
| DECISION & ORDER ON MOTION |
Motion by the attorney assigned to represent the appellant on an appeal from an order of the Family Court, Orange County, dated February 9, 2004, to be relieved from representing the appellant on the ground that the appeal has been rendered academic by a subsequent order of the same court dated May 10, 2004. By order to show cause dated August 13, 2004, the parties were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that it has been rendered academic and the motion by assigned counsel to be relieved was held in abeyance in the interim.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that the appeal was rendered academic by the order dated May 10, 2004; and it is further,
ORDERED that the motion by assigned counsel to be relieved is granted.
PRUDENTI, P.J., KRAUSMAN, ADAMS and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16985
M/nal
|
2004-01892, 2004-01893 In the Matter of Jonathan W. (Anonymous). Administration for Children's Services, respondent; Valerie W. (Anonymous), et al., appellants. In the Matter of Joshua W. (Anonymous). Administration for Children's Services, respondent; Valerie W. (Anonymous), et al., appellants. In the Matter of Leneya W. (Anonymous). Administration for Children's Services, respondent; Valerie W. (Anonymous), et al., appellants. (Docket Nos. N-15358-00, N-15359-00, N-15360-00)
| SCHEDULING ORDER |
Appeals by Valerie W. from two orders of the Family Court, Queens County, dated October 10, 2003, and February 24, 2004, respectively. The brief of the appellant Valerie W. was served and filed on October 4, 2004. The brief of Thomas W. was served and filed on October 13, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M17040
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2004-06364
The People, etc., respondent, v Monte Barnes, appellant. (Ind. No. 548-9/04)
| 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 County Court, Nassau County, rendered June 18, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Joseph A. Hanshe, Esq.
288 Handsome Avenue
Sayville, New York 11782
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., GOLDSTEIN, ADAMS, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 R 2836
Lyon Mountain Corr. Fac.
3864 Route 374
Lyon Mountain, New York 12952
Appellate Division: Second Judicial Department
M16914
K/sl
STEVEN W. FISHER, J.
|
2004-07440
The People, etc., respondent, v Louis Black, appellant.
(Ind. No. 188/93)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Dutchess County, dated March 31, 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 granted; the defendant is granted leave to appeal from the order of the County Court, Dutchess County, dated March 31, 2004, made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
STEVEN W. FISHER
Associate Justice
Appellate Division: Second Judicial Department
M16716
F/
THOMAS A. ADAMS, J.
|
2004-06906 The People, etc., plaintiff, v Derrick Bonilla, a/k/a Daniel Marin, defendant. (Ind. No. 6468/95)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated July 22, 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.
THOMAS A. ADAMS
Associate Justice
Appellate Division: Second Judicial Department
M17039
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-07953
The People, etc., respondent, v Jennie Chambers, appellant. (Ind. No. 211/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Richmond County, rendered August 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.
FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17037
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-07678
The People, etc., respondent, v Harold Chestnut, appellant. (Ind. No. 1359/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered June 22, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
James G. Frankie, Esq.
1565 Franklin Avenue - Suite 100
Mineola, New York 11501
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.
FLORIO, J.P., KRAUSMAN, COZIER, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 R 2837
Ulster Corr. Fac.
Box 800
Napanoch, New York 12458
Appellate Division: Second Judicial Department
M17036
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-07491
The People, etc., respondent, v Darryl Coad, appellant. (Ind. No. 3/04)
| 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 County Court, Nassau County, rendered August 18, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Joseph A. Hanshe, Esq.
288 Handsome Avenue
Sayville, New York 11782
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.
FLORIO, J.P., KRAUSMAN, COZIER, 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
M17041
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2002-07572 The People, etc., respondent, v Aly Dominique, appellant. (Ind. No. 2825N/00)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Nassau County, rendered July 23, 2002. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on June 24, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:
Douglas Moyal, Esq.
1981 Marcus Avenue
Lake Success, New York 11041
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:
Gail Patricia Ennis, Esq.
P.O. Box 220088
Great Neck, New York 11021
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.
FLORIO, J.P., KRAUSMAN, COZIER, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
02 A 4712
Clinton Corr. Fac.
P.O. Box 2002
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M17038
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2002-04420 The People, etc., respondent, v Jabasa Foy, appellant. (Ind. No. 6046/01)
| DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes |
Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Kings County, rendered April 26, 2002, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that that branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,
ORDERED that the motion is otherwise 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, 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); retained 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 retained 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 counsel with a copy of the pre-sentence 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 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 retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged.
FLORIO, J.P., KRAUSMAN, COZIER, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
H. Mitchell Schuman
Sally Wasserman, Of Counsel
Schuman, Abramson, Morak & Wolk
35 Worth Street
New York, New York 10013
Appellate Division: Second Judicial Department
M17012
PL/sl
|
2004-01734
The People, etc., respondent, v Tresa McPherson, appellant.
(Ind. No. 1490/00)
| 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 a judgment of the Supreme Court, Kings County, rendered January 12, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 12, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16926
PL/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
|
2004-02055 The People, etc., respondent, v Steven Nolasco, appellant. (Ind. No. 1385-02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated May 6, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant, in effect, for an extension of time to take an appeal from a judgment of the Supreme Court, Suffolk County, rendered January 17, 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 appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the branch of the motion for poor person relief and the assignment of counsel is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, 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.
KRAUSMAN, J.P., LUCIANO, COZIER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
|
2000-02458 The People, etc., respondent, v George Philips, appellant.
DECISION & ORDER ON MOTION
(Ind. Nos. 3251/97, 3825/97)
|
Motion by the appellant to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Queens County, rendered January 25, 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 appellant's reply brief which was submitted to the Clerk of this court is accepted for filing.
BENCH
ENTER:
James Edward Pelzer
Clerk
Appellate Division: Second Judicial Department
M17015
PL/sl
|
2003-05072
The People, etc., respondent, v Eddie Rush, appellant. (Ind. No. 404/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an appeal from a judgment of the County Court, Nassau County, rendered May 20, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 26, 2004, and the respondent'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
M17013
PL/sl
|
2003-05153
The People, etc., respondent, v Rahmel Thompson, appellant. (Ind. No. 382/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 22, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 8, 2004, and the respondent'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
M17058
S/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2001-11048 The People, etc., respondent, v Marlon Washington, appellant. (Ind. No. 01-00157)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated October 7, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Rockland County, rendered December 17, 2001, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on July 3, 2002, November 22, 2002, and May 4, 2004, respectively, and the following named attorney was assigned to prosecute the appeal:
Arlene Lewis, Esq.
P.O. Box 219
Blauvett, New York 10913
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as academic in light of the decision and order on motion of this court dated June 21, 2004, in the above-entitled case.
FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17056
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2001-11048 The People, etc., respondent, v Marlon Washington, appellant. (Ind. No. 01-00157)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
On the court's own motion, it is
ORDERED that its decision and order on motion dated May 4, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Rockland County, rendered December 17, 2001. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on July 3, 2002, and November 22, 2002, respectively, and the following named attorney was assigned as counsel to prosecute the appeal:
Alan McGeorge, Esq.
109 Clove Avenue
Haverstraw, New York 10927
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied in light of the decision and order on motion dated June 21, 2004, in the above-entitled case assigning John R. Lewis, Esq., as attorney for the appellant.
ALTMAN, J.P., S. MILLER, LUCIANO, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
01 A 6780
Great Meadow Corr. Fac.
P.O. Box 51
Comstock, New York 12821-0051