Appellate Division: Second Judicial Department
M17192
E/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
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2004-02937 Norman Annexstein, et al., respondents-appellants, v Gerald M. Cotter, et al., appellants-respondents. (Index No. 8782/03)
| DECISION & ORDER ON MOTION |
Separate motions by the appellants-respondents and the respondents-appellants for leave to reargue an appeal and cross appeal, respectively, from an order of the Supreme Court, Nassau County, dated March 23, 2004, which were determined by decision and order of this court dated October 4, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied.
RITTER, J.P., S. MILLER, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17135
CF/
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2004-02856 Russell Booth, et al., respondents, v Jean P. Simmers, Ltd., etc, appellant. (Index No. 16917/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 19, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17139
CF/
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2004-03743 Central Suffolk Hospital, a/a/o Howard Gay, et al., respondents, v Travelers Property Casualty Insurance Company, appellant. (Index No. 15327/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 30, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17145
CF/
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2004-04180 Anthony Ciccone, respondent, v G & G Industries, Inc., et al., appellants. (Index No. 27745/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, entered April 8, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17134
CF/
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2004-06807 Darrell R. Darsan, appellant, v Barbara A. Denny, respondent. (Index No. 8593/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17143
R/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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2004-03789 Anthony Fausto, appellant, v City of New York, et al., respondents.
(Index No. 11063/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated March 5, 2004, to enlarge the record on appeal to include two "Decline Prosecution" forms, both dated June 4, 1999, attached as Exhibit E to his motion papers.
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., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17172
CF/
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2004-04957 Tommaso Fini, et al., respondents, v Daniel Byrne, et al., appellants. (Index No. 3414/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 15, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17175
CF/
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2004-07726 Melissa Fonte, respondent, v Samuel Springle, et al., appellants. (Index No. 22963/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17141
CF/
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2004-05355 Scott Gellar, appellant, v Charles K. Gleason, et al., respondents. (Index No. 6178/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated May 5, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17174
CF/
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2004-03855 Jenelle Headad, et al., appellants, v Town of Greenburgh, et al., respondents. (Index No. 1493/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 30, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17170
CF/
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2004-04363 Margaret A. Leibowitz, et al., appellants, v Insurance Company of State of Pennsylvania, et al., respondents. (Index No. 7782/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 5, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17136
CF/
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2004-05271 William Mennerich, appellant, v Kathy Mennerich, respondent. (Index No. 7211/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated April 27, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17113
PL/sl
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2004-02029
NYCTL 1998-1 Trust, et al., respondents, v Peniel Baptist Church, Inc., appellant, et al., defendants. (Index No. 18898/02)
| 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, Queens County, entered May 20, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 26, 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
M17142
Y/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
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2004-06418 Tara Nelson, respondent, v Salvatore Amicizia, appellant. (Index No. 5702/02)
| 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, Suffolk County, dated May 27, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17133
S/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
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2004-04583, 2004-09116 Only Natural, Inc., respondent, v Realm National Insurance Company, et al., appellants. (Index No. 5642/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant Realm National Insurance Company on appeals from an order of the Supreme Court, Nassau County, dated April 23, 2004, and a judgment of the same court entered September 23, 2004, to stay enforcement of a judgment pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that enforcement of the judgment is stayed, pending hearing and determination of the appeals on condition that (1) on or before November 1, 2004, the movant posts an undertaking in the amount of $133,600 on terms that, in the event that the order and judgment appealed from, or any part of them are affirmed, or the appeal is dismissed, the movant shall pay the amount directed to be paid by the judgment, or the part of it as to which the judgment or order is affirmed or deposit the same sum as a cash alternative upon the same terms; and it is further,
ORDERED that, if the condition set forth above is not complied with, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on three days notice.
S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17127
R/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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2004-00187
Verona Pinn, et al., appellants, v Baker's Variety, et al, respondents. (Index No. 10354/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, to compel the appellants to serve and file a supplemental record containing all the papers submitted in connection with the appellants' motion for leave to amend the bill of particulars, and to enlarge the time to serve and file their brief on an appeal from order of the Supreme Court, Nassau County, dated December 11, 2003.
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 is to compel the appellants to serve and file a supplemental record is granted; and on or before November 18, 2004, the appellants shall serve and file a supplemental record containing all the papers submitted in connection with their motion for leave to amend the bill of particulars; it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, and the respondents' time to serve and file their brief is enlarged until December 20, 2004, and the respondents' brief must be served and filed on or before that date; 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
M17147
R/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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2004-03094 Roberta Reitman, respondent, v Mid State Management Corporation, et al., appellants
(Index No. 6638/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from an order of the Supreme Court, Kings County, entered March 19, 2004, to enlarge the record to include the affidavit of Laurice Al-Kirsheh, dated March 9, 2004, attached as Exhibit 1 to her motion papers.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that a copy of the matter is remitted to the Supreme Court, Kings County, to report on whether the affidavit of Laurice Al-Kirsheh, dated March 9, 2004, was considered in determining the motions which resulted in the order entered March 19, 2004, and the motion is held in abeyance in the interim. The Supreme Court, Kings County, shall file its report with all convenient speed.
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17188
J/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
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2004-02301, 2004-02962 Stanley Ross, appellant, v Sylvia Ross, respondent. (Index No. 201762/03)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Nassau County, dated February 20, 2004, and an order of the same court dated April 2, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal from the decision dated February 20, 2004 (Appellate Division Docket Number 2004-02301), is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the application to enlarge time to perfect the appeal from the order dated April 2, 2004, is granted, and the appellant's time to perfect the appeal is 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.
RITTER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17146
CF/
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2004-05250 Debra Schenker, appellant, v Christopher Grassi, respondent. (Index No. 19187/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 5, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17189
S/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
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2003-10412, 2004-05167 Victor Schlesinger, etc., appellant, v Nathan Schlesinger, a/k/a Naftoli Schlesinger, a/k/a Nat Schlesinger, et al., respondents; Kolel Damasek Eliezer, amicus-respondent. (Index No. 27246/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to (1) extend the Second Amended Notice of Pendency dated June 19, 2001, and docketed on June 19, 2001, as it pertains to the property known as 712 Wythe Avenue, Brooklyn, and (2) enjoin the amicus-respondent Kolel Damasek Eliezer from transferring, mortgaging, or encumbering the property pending the hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated October 1, 2003, and May 13, 2004, respectively. By decision and order on motion dated July 9, 2004, the motion was granted to the extent that the amicus-respondent Kolel Damasek Eliezer was enjoined from transferring, mortgaging, or encumbering the property known as 712 Wythe Avenue, Brooklyn, on conditions that (1) the appellant perfect the appeals on or before August 16, 2004, and (2) the appellant post an undertaking with corporate surety, and the matter was remitted to the Supreme Court, Kings County, to hear and report on the amount of the undertaking to be filed by the appellant pursuant to CPLR 6312(b). The Supreme Court, Kings County, issued an order dated October 1, 2004, fixing the undertaking in the sum of $750,000 and directing the appellant to post that undertaking within 20 days of the date of the order.
Now, on the court's own motion, it is
ORDERED that the order of the Supreme Court, Kings County, dated October 1, 2004, is deemed to be the report which was directed to be filed by the decision and order on motion dated July 9, 2004, and so much of the order as directed the appellant to post an undertaking within 20 days of the date of the order is vacated: and it is further,
ORDERED that on or before November 1, 2004, the parties, if they be so advised, shall file affirmations in connection with the amount of the undertaking to be posted by the appellant.
ALTMAN, J.P., KRAUSMAN, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17148
CF/
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2004-05973 Sears, Roebuck and Company, appellant, v PCM Development Company, respondent. (Index No. 18580/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 12, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17138
CF/
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2004-04208 Steven Jay Stark, respondent, v Valerie A. Stark, appellant. (Index No. 202677/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 19, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17137
CF/
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2004-06715 Tidel Engineering, L.P., respondent, v ATM Management, Inc., appellant. (Index No. 7174/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17149
PL/sl
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2004-02406 Town of Mount Pleasant, appellant, v Legion of Christ, Inc., respondent. (Index No. 14047/97)
| ORDER ON APPLICATION |
ORDERED that the order on application dated October 18, 2004, in the above-entitled matter is amended by deleting from the third decretal paragraph the words "January 14, 2004", and substituting therefor the words "January 14, 2005".
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17140
R/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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2004-08160
275 Linden Realty Corp., et al., petitioners, v Olga Caraballo, respondent.
(Index No. 81684/02)
| DECISION & ORDER ON MOTION |
Motion by the petitioners for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated July 9, 2004, which reversed a judgment of the Civil Court, Kings County, dated February 21, 2003, and to stay enforcement of the order dated July 9, 2004, pending hearing and determination of the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17151
Y/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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2003-06668, 2003-06669 In the Matter of Frank E. Hauser, respondent, v Maria Lopez, appellant. (Docket Nos. V-03886-94, V-03887-94, O-2847-03)
| DECISION & ORDER ON MOTION |
Appeal by Maria Lopez from two orders of the Family Court, Westchester County, dated June 26, 2003 and June 27, 2003, respectively. By order to show cause dated September 30, 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 scheduling order dated November 21, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and the papers 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 November 21, 2003 (see 22 NYCRR 670.4[5]).
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17232
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
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2000-00712
In the Matter of Joseph C. Levine, admitted as Joseph Charles Levine, a suspended attorney. (Attorney Registration No. 1867449)
| DECISION & ORDER ON MOTION |
Motion by the respondent for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated December 3, 2001, the respondent was suspended from the practice of law for a period of two years as a result of a disciplinary proceeding involving a charge that he had been convicted of a serious crime. On February 14, 2000, the respondent was convicted of conspiracy to commit mail fraud, in violation of 18 USC § 371, a class D felony, upon his plea of guilty in the United States District Court for the Eastern District of New York. He was sentenced to three years probation. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 9, 1977, under the name Joseph Charles Levine.
Upon the papers filed in support of the motion and the papers submitted in response thereto, it is
ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report with respect to the respondent's current fitness to be an attorney, including but not limited to his income tax return for 2003, if filed.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17150
PL/sl
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2004-04630
In the Matter of Felice Ricci, deceased. Frank Ricci, appellant; Rosa Sibilio, respondent. (File No. 324266)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a decree of the Surrogate's Court, Nassau County, dated April 12, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 8, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17193
S/sl
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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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 October 18, 2004, in the above-entitled matter is amended by deleting from the fifth decretal paragraph thereof the following attorney: Patricia Rouse, Esq., P.O. Box 175 Wading River, New York, 11792, and substituting therefor the following attorney: Evan Tanenbaum, Esq., Beler & Tanenbaum, 25 West Main Street, Smithtown, New York, 11787, (631) 979-1027.
ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17144
CF/
|
2004-05951 In the Matter of State Farm Insurance Company, appellant, v Sue A. Enright, respondent. (Index No. 2748/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated May 24, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17183
J/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
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2001-09811 The People, etc., respondent, v Reuben Avent, appellant. (Ind. No. 157/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated October 14, 2004, in the above-entitled matter is amended by deleting from the first decretal paragraph thereof the date "December 6, 2004," and substituting therefor the date "January 20, 2005."
RITTER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17177
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
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2002-11545, 2003-01979 The People, etc., appellant, v Anatoliy Boyko, respondent. (Ind. No. 3860/02)
| DECISION & ORDER ON MOTION |
The People having appealed from two orders of the Supreme Court, Kings County, dated November 4, 2002, and November 26, 2002, respectively, in the above-entitled action, pending against the defendant under Indictment No. 3860/02, and the appeals having been perfected on March 20, 2003, and the defendant having failed to timely file a brief in response thereto, this court issued a decision and order on motion dated September 24, 2004, in compliance with the requirements of People v Garcia (93 NY2d 42), and the People were directed to personally serve the defendant with a copy of that decision and order on motion within 20 days of the date of the date of the decision and order on motion. Application by the People to enlarge their time to serve the decision and order on motion dated September 24, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and service of the decision and order on motion dated September 24, 2004, which occurred on October 15, 2004, is deemed timely.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17070
F/
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2003-08437
The People, etc., respondent, v Antoine Cooper, appellant. (Indict. No. 03-00242)
| DECISION & ORDER ON MOTION Motion to Withdraw Appeal |
Motion by the appellant to withdraw an appeal from a judgment of the County Court, Orange County, rendered August 19, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the appeal is deemed withdrawn.
SMITH, J.P., ADAMS, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17067
F/
NANCY E. SMITH, J.P.
THOMAS A., ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-02458
The People, etc., respondent, v Richard Garcia, appellant. (Ind. No. 1791-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered September 4, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that 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:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the 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.
SMITH, J.P., ADAMS, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 5023
Upstate Corr. Fac.
309 Bare Hill Road - Box 2001
Malone, New York 12953
Appellate Division: Second Judicial Department
M16952
Y/sl
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-05788 The People, etc., respondent, v Johannes Gonzales, appellant. (Ind. No. 02-00957)
| DECISION & ORDER ON MOTION |
Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the Supreme Court, Westchester County, rendered June 12, 2003, to substitute retained counsel, and to strike the brief filed by assigned counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied with leave to renew, on or before November 22, 2004, upon proof that retained counsel maintains an office for the transaction of law business within the state of New York (see Judiciary Law § 470).
ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17060
F/
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2001-03163 The People, etc., respondent, v John Johnson, a/k/a Todd Brunson, appellant. (Ind. No. 3789/99)
| DECISION & ORDER ON MOTION Motion to File a Supplemental Brief |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered March 29, 2001.
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., ADAMS, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
01 A 2620
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M17066
F/
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-07641 The People, etc., plaintiff, v Leila McLucas, defendant. (Ind. No. 03-00755)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Orange County, rendered April 8, 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.
SMITH, J.P., ADAMS, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17034
F/
THOMAS A. ADAMS, J.
|
2004-07679
The People, etc., plaintiff, v Joseph Robinson, defendant. (Ind. No. 3120/00)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated May 17, 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
M17063
F/
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2003-02356 The People, etc., respondent, v Alfonso Springer, appellant.
(Ind. No. 9445/01)
| DECISION & ORDER ON MOTION Motion to File a Supplemental Brief |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered March 7, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., ADAMS, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 1601
Wyoming Corr. Fac.
Box 501
Attica, New York 14011