Appellate Division: Second Judicial Department
M31521
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
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2004-08509, 2005-02734
America's Imaging Center, Inc., appellant, v A. J. Richard & Sons, Inc., et al., respondents.
(Index No. 11935/04)
| DECISION & ORDER ON APPLICATION Withdraw Appeal in Stipulation |
Application to withdraw appeals from two orders of the Supreme Court, Queens County, dated July 1, 2004, and February 24, 2005, respectively.
Upon the stipulation of the attorneys for the respective parties, dated September 20, 2005, and September 22, 2005, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31520
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-00255, 2005-00488
Juan R. Andino, et al., respondents, v Monroe Truck Leasing, Inc., et al., appellants. (Index No. 49693/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw appeals from two orders of the Supreme Court, Kings County, dated October 8, 2004, and November 3, 2004, respectively.
Upon the stipulation of the attorneys for the respective parties, dated September 30, 2005, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31461
T/sl
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2004-09370
Rocky Annunziato, etc., et al., respondents, v City of New York, appellant. (Index No. 13634/93)
| 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, Richmond County, dated September 21, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 18, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31455
CF/
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2005-03959 Edward Beneduci, plaintiff-respondent, v John Dina, defendant-appellant, Bell Atlantic Corporation, defendant-respondent. (Index No. 25454/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 15, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31401
T/sl
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2005-02127
Florence Castellano, et al., respondents, v Norwegian Christian Home & Health Center, Inc., et al., appellants. (Index No. 26652/03)
| 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, Kings County, entered January 7, 2005.
ORDERED that the application is granted and the reply brief which was submitted to the Clerk of the court on October 17, 2005, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31471
CF/
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2005-04967 Rachel Cohen, et al., respondents, v Fred Racanello, et al., defendants, Metropolitan Property & Casualty Insurance Company, appellant. (Index No. 7886/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 11, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31457
CF/
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2005-06418 Diana Danza, appellant, v Anthony Danza, respondent, et al., defedants. (Index No. 200339/05)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 26, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31448
T/sl
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2004-09672
Keith Darbonne, appellant, v Alex Goldberger, et al., respondents. (Index No. 5976/03)
| 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, Rockland County, dated September 13, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31463
D/sl
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2005-04596
Hilda DeJesus, appellant, v Howard E. Tannenbaum, et al., respondents. (Index No. 9539/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the County Court, Nassau County, dated March 10, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 25, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31438
T/sl
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2004-10559
Employers Insurance of Wausau, respondent, v Meli & Borelli Associates, Inc., et al., defendants, Cigna Corp., et al., appellants. (Index No. 27055/96)
| ORDER ON APPLICATION |
Application by the appellant Crown Partition, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated October 13, 2004.
ORDERED that the application is granted and the reply brief of Crown Partition, Inc., shall be filed on or before October 26, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31430
T/sl
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2005-04181
Stephanie Gallagher, et al., respondents, v Rafael V. Roman, defendant, Julio Reyes, appellant. (Index No. 14354/03)
| 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 an order of the Supreme Court, Westchester County, dated March 28, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 21, 2005, 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
M31472
S/sl
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2005-04066
H & B Associates, d/b/a Prudential Long Island Realty, appellant, v Harvey Beckman, et al., respondents. (Index No. 12602/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 17, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 21, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31494
S/sl
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2005-04225
Glenn D. Hall, et al., respondents, v Margaret W. Sinclaire, et al., appellants. (Index No. 11950-03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated March 31, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 15, 2005, 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
M31467
CF/
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2005-04953 Philip Hellriegel, etc., plaintiffs-respondents, v Thad Bianco, et al., appellants, O'Stills Enterprises, Inc., etc., defendants-respondents. (Index No. 22416/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 15, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31478
D/sl
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2005-03574
Pedro Heridia, appellant, v Nestor Rodriguez, et al., respondents. (Index No. 13950/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 17, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 11, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31473
CF/
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2005-03952 Harry Jeremias, et al., appellants, v Town of Ramapo, respondent. (Index No. 5001/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a decision of the Supreme Court, Rockland County, dated March 25, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31432
T/sl
|
2005-07875
Judy Johnson, et al., plaintiffs-respondents, v Peconic Diner, et al., appellants, Pericles Bakas, defendant-respondent. (Index No. 20943/01)
| ORDER ON APPLICATION |
Application by the plaintiffs-respondents 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, entered July 8, 2005.
ORDERED that the application is granted and the plaintiffs-respondents' time to serve and file a brief is enlarged until November 21, 2005, and the plaintiffs-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
M31459
D/sl
|
2005-03849
Sandra A. Lamont, appellant, v Lane Bryant, Inc., d/b/a Lane Bryant Stores, et al., respondents. (Index No. 5506/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 14, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 15, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31522
L/
HOWARD MILLER, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
WILLIAM F. MASTRO, JJ.
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2004-07301 Samuel Mehdizadeh, etc., et al., appellants, v U.S. Nonwovens Corp., et al., respondents, et al, defendant; Marvin Kagan, intervenor-appellant. (Index No. 17441/02)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants for leave to withdraw their respective appeals from an order of the Supreme Court, Nassau County, dated July 21, 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 appeals are deemed withdrawn, without costs or disbursements.
H. MILLER, J.P., RITTER, SANTUCCI and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31442
T/sl
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2004-06351, 2004-09868
Bruce Morgan, appellant, v Chong Kwan Jun, et al., respondents. (Index No. 13899/01)
| 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 appeals from two orders of the Supreme Court, Richmond County, dated June 16, 2004, and October 5, 2004, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 15, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31446
T/sl
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2005-03972
Ronald Parr, appellant-respondent, v Ronkonkoma Realty Venture I, LP, et al., respondents-appellants. (Index No. 11041/02)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated April 8, 2005.
ORDERED that the application is granted and the appellant-respondent's reply brief shall be served and filed on or before November 3, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31102
D/sl
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2005-00724
Michelle Y. Pessin, appellant, v Ellen R. Glenn, et al., respondents, Fiorini Landscape Inc., defendant. (Index No. 7528/03)
| 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 an order of the Supreme Court, Nassau County, dated
December 21, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 17, 2005, 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
M31482
CF/
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2005-07260 Melanie Rosado, et al., respondents, v Glen Cove School District, appellant, et al., defendants. (Index No. 426/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 11, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31465
CF/
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2005-02877 Steven Sanders, respondent, v County of Nassau, et al., appellants. (Index No. 10663/96)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 14, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31503
M/nal
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM A. MASTRO
ROBERT J. LUNN, JJ.
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2005-01367 Carl A. Scheuering, appellant, v Nancy Scheuering, respondent. (Index No. 4350-03)
| SCHEDULING ORDER |
Appeal by Carl A. Scheuering from an order of the Supreme Court, Orange County, dated January 11, 2005. The appellant's brief was served and filed on April 7, 2005, and the respondent's brief was served and filed on July 11, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the scheduling order of this court dated September 22, 2005, is amended to provide that the law guardian's brief that was deposited in the office of the Clerk of this court on October 17, 2005, is accepted for filing.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31502
O/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2005-08862 Bibi Shariff, appellant, v John P. Murray, Jr., defendant, N.Y. Pride Holdings, Inc., respondent. (Index No. 380/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated September 2, 2005, pending hearing and determination of an appeal therefrom.
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., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31504
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2005-08164
Param Singh, plaintiff-respondent, v Vishnudat Gopaul, appellant, Rupnarain & Hirsch LLP, defendant-respondent. (Index No. 11291/03)
| ORDER ON APPLICATION |
Application by the defendant-respondent 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, Queens County, dated August 5, 2005.
ORDERED that the application is granted and the defendant-respondent's time to serve and file a brief is enlarged until November 14, 2005, and the defendant-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
M31486
CF/
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2005-03933 Marlene Steiner, plaintiff-respondent, v Lawrence Ivan Horowitz, defendant third- party plaintiff-respondent, Gregory Kuczinski, et al., defendants-respondents; Madison Abstract, Inc., third-party defendant-appellant. (Index No. 3126/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 4, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31488
CF/
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2005-08695 Marlene Steiner, plaintiff-respondent, v Lawrence Ivan Horowitz, defendant third- party respondent, et al., respondents, Madison Abstract, Inc., third-party defendant-appellant. (Index No. 3126/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 19, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31466
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2005-03247 Candice Volfman, appellant, v Boris Volfman, respondent. (Action No. 1) (Index No. 19986/03) 2005-04515
Boris Volfman, respondent, v Candice Volfman, appellant. (Action No. 2) (Index No. 4876/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two judgments of the Supreme Court, Queens County, entered March 14, 2005 (Appellate Division Docket No. 2005-3247), and April 12, 2005 (Appellate Division Docket No. 2005-04515), respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until November 30, 2005, and the record or appendix on the appeals 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
M31456
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2004-10058, 2005-00173
Donald R. Wood, Jr., etc., et al., appellants, v Incorporated Village of Patchogue, respondent. (Index No. 14454/04)
| 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 appeals from two orders of the Supreme Court, Suffolk County, dated September 27, 2004, and November 18, 2004, respectively.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 10, 2005, 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
M31458
C/sl
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
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2005-00354 Helen Yonkers, et al., respondents, v Matthew Jones, et al., defendants, William Levine, et al., appellants. (Index No. 11989/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated November 19, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31511
M/nal
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM A. MASTRO
ROBERT J. LUNN, JJ.
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2005-01394 In the Matter of Ernest Abranko, appellant, v Madelyn Vargas, respondent. (Docket Nos. V-10509-04, V-10510-04)
| SCHEDULING ORDER |
Appeal by Ernest Abranko from an order of the Family Court, Suffolk County, dated January 18, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 15, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until November 21, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31510
M/nal
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM A. MASTRO
ROBERT J. LUNN, JJ.
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2005-00935 In the Matter of Christopher B. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Norma N. (Anonymous), appellant, et al., respondent. (Docket Nos. N-20628-03, N-20629-03)
| SCHEDULING ORDER |
Appeal by Norma N. from an order of the Family Court, Suffolk County, dated April 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 22, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until November 7, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31505
M/nal
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM A. MASTRO
ROBERT J. LUNN, JJ.
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2005-02597 In the Matter of Imani B. (Anonymous). Suffolk County Department of Social Services, respondent; Vernon B. (Anonymous), appellant. (Docket No. N- 21224-04)
| SCHEDULING ORDER |
Appeal by Vernon B. from an order of the Family Court, Suffolk County, dated March 9, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 22, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until December 2, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31206
F/
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
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2005-06745
In the Matter of Mercia K. Bascombe, appellant, v John D. Bascombe, respondent. (Docket No. O-37516-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated June 10, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Peter H. Dailey, Esq.
420 Riverdale Drive - Suite 2E
New York, New York 10025
(212) 678-6238
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
H. MILLER, J.P., KRAUSMAN, RIVERA, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31512
M/nal
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM A. MASTRO
ROBERT J. LUNN, JJ.
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2004-09520, 2004-09620 In the Matter of Alexis C. (Anonymous). Administration for Children's Services petitioner-respondent; Valerie C. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Cheyenne C. (Anonymous). Administration for Children's Services petitioner-respondent; Valerie C. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Justin N. (Anonymous). Administration for Children's Services petitioner-respondent; Valerie C. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) (Docket Nos. N-15008-01, N-15009-01, N-15010-01)
| SCHEDULING ORDER |
Appeals by Valerie C. from two orders of the Family Court, Queens County, dated June 4, 2004, and September 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 18, 2005, and the respondent's brief was served and filed on October 7, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeals is enlarged until November 14, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31483
CF/
|
2005-04773 In the Matter of Christopher Clay, appellant, v Suffolk County Risk Management, respondent. (Index No. 25905/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 4, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31513
M/nal
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM A. MASTRO
ROBERT J. LUNN, JJ.
|
2005-05370 In the Matter of Dominique D. (Anonymous). Administration for Children's Services, respondent; Shannon H. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Amanda D. (Anonymous). Administration for Children's Services, respondent; Shannon H. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Edward D. (Anonymous). Administration for Children's Services, respondent; Shannon H. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-07306-01)
| SCHEDULING ORDER |
Appeal by Shannon H. from an order of the Family Court, Queens County, dated May 6, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until December 7, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31507
M/nal
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM A. MASTRO
ROBERT J. LUNN, JJ.
|
2005-00418, 2004-00419 In the Matter of Robert D. (Anonymous), appellant. (Docket No. D-8075/04)
| SCHEDULING ORDER |
Appeals by Robert D. from two orders of the Family Court, Queens County, both dated July 15, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until November 14, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31509
M/nal
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM A. MASTRO
ROBERT J. LUNN, JJ.
|
2005-02444, 2004-02445 In the Matter of Robert D. (Anonymous), appellant. (Docket No. D-8075/04)
| SCHEDULING ORDER |
Appeals by Robert D. from two orders of the Family Court, Queens County, both dated December 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 appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until November 14, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31258
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
JOSEPH COVELLO, JJ.
|
2005-07175
In the Matter of Rodney D. (Anonymous), appellant. (Docket No. D-1642-05)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated June 23, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the Law Guardian, Sally Simone Markowitz, Esq., 2015 Avenue U, Brooklyn, New York 11229, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:
Carol Kahn, Esq.
225 Broadway - Suite 1510
New York, New York 10007
(212) 227-0206
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
FLORIO, J.P., KRAUSMAN, FISHER, and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31231
F/
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-07627 In the Matter of Shalema Ford, respondent, v Gloria Pitts, appellant. (Proceeding No. 1) (Docket No. O-8620-04) 2005-07628 In the Matter of Gloria Pitts, appellant, v Shalema Ford, respondent. (Proceeding No. 2) (Docket No. O-5185-04)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in proceedings before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Kings County, both dated July 18, 2005, and for leave to the appellant to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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 Court Act § 1116); and it is further, ORDERED that the stenographers(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 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and 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:
Carol Kahn, Esq.
225 Broadway - Suite 1510
New York, New York 10007
(212) 227-0206
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.
H. MILLER, J.P., KRAUSMAN, RIVERA, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31506
M/nal
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM A. MASTRO
ROBERT J. LUNN, JJ.
|
2005-04461 In the Matter of Darlene L.-B. (Anonymous), respondent, v Claudio B. (Anonymous), appellant. (Docket No. P-04418-05)
| SCHEDULING ORDER |
Appeal by Claudio B. from an order of the Family Court, Kings County, dated April 13, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until November 17, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31492
D/sl
|
2005-02807
In the Matter of Robert L. Marandino, appellant, v Westchester Country Club, Inc., et al., respondents. (Index No. 12799/04)
| 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 an order of the Supreme Court, Westchester County, dated February 16, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 1, 2005, 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
M31490
C/sl
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-06523
In the Matter of Janice Rogers, appellant, v Andrew Hillman, respondent. (Docket No. V-01431-04)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by the appellant for the assignment of counsel to prosecute an appeal from an order of the Family Court, Westchester County, dated June 6, 2005, and for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition to or in relation thereto, it is
ORDERED that the motion is denied with leave to the appellant to renew, on or before November 14, 2005, upon the submission of proper papers, including a financial affidavit,
establishing that she is entitled to poor person relief.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31260
F/
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2004-07488
In the Matter of Keisha Rust, appellant, v Michael DosSantos, respondent. (Docket Nos. V-7367-03, V-7368-03, V-7399-03, V-7400-03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the Law Guardian to be relieved of an assignment to represent the child on an appeal from an order of the Family Court, Westchester County, dated July 21, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the Law Guardian, Stephen P. Gold, Esq., 470 Mamaroneck Avenue, White Plains, New York 10605, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the child:
John A. Pappalardo, Esq.
200 East Post Road
White Plains, New York 10601
(914) 761-9400
H. MILLER, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31460
CF/
|
2005-03843 In the Matter of State Farm Insurance Company, appellant, v Liana Gevorkova, et al., respondents. (Index No. 38361/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 25, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31514
M/nal
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM A. MASTRO
ROBERT J. LUNN, JJ.
|
2004-07956, 2004-07957 In the Matter of Carliph T. (Anonymous), appellant. (Docket No. D-02953/04)
| SCHEDULING ORDER |
Appeals by Carliph T. from two orders of the Family Court, Richmond County, dated July 14, 2004, and August 13, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on August 19, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeals is enlarged until November 9, 2005.
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31491
C/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-05033 In the Matter of Michael B. T. (Anonymous), appellant, v Laurie T. (Anonymous), n/k/a Laurie J. (Anonymous), respondent. (Proceeding No. 1) (Docket No. V-2931-00) In the Matter of Autumn T. (Anonymous). Laurie T. (Anonymous), n/k/a Laurie J. (Anonymous), et al., respondents; Michael B. T. (Anonymous), appellant. (Proceeding No. 2) (Docket No. A-192-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated August 8, 2005, which determined an appeal from an order of the Family Court, Suffolk County, entered May 14, 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.
H. MILLER, J.P., RITTER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31501
M/nal
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM A. MASTRO
ROBERT J. LUNN, JJ.
|
2004-04646 In the Matter of Brandon W. (Anonymous), appellant. (Docket No. E-05973/03)
| SCHEDULING ORDER |
Appeal by Brandon W. from an order of the Family Court, Orange County, dated April 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 21, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the scheduling order dated September 19, 2005, is amended to provide that the respondent's brief deposited in the office of the Clerk of this court on October 3, 2005, is accepted for filing.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31500
O/sl
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-09416, 2005-09417 In the Matter of Esperanza Weis, et al., respondents, v Lorraine Rivera, et al., appellants. (Docket Nos. V-19861-04, V-19862-04)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from a decision and an order of the Family Court, Suffolk County, both entered September 12, 2005, to stay enforcement of the order 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 decision (Appellate Division Docket No. 2005-09416) 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 motion is granted to the extent that all visitation by the grandmother shall take place at the home of the mother and the motion is otherwise denied; and it is further,
ORDERED that the above stay is granted on condition that the appeal from the order is perfected on or before November 25, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 25, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31485
CF/
|
2005-01349
In the Matter of Thomas W. White, deceased. Application to Wit Stephanie White, respondent; Richard White, appellant. (File No. P-433/02)
| ORDER ON APPLICATION hdraw Appeal |
Application by the appellant to withdraw an appeal from a decree of the Surrogate's Court, Richmond County, dated January 7, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31445
O/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2004-10312 In the Matter of Delores Wrighton, respondent, v Paul Wrighton, appellant. (Docket No. F-12654-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated November 3, 2004 to direct that a lien be removed from his savings account.
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 without prejudice to seeking relief in Family Court, Queens County.
H. MILLER, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31451
T/sl
|
2004-07405
The People, etc., respondent, v Abraham Aessa, appellant. (Ind. No. 1853/03)
| 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 a judgment of the Supreme Court, Queens County, rendered August 6, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 31, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31351
F/
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2004-10369 The People, etc., respondent, v Kevin Affoon, appellant. (Ind. No. 1614/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered November 19, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
H. MILLER, J.P., KRAUSMAN, RIVERA, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
04 A 6489
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M31364
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
SONDRA MILLER
WILLIAM F. MASTRO, JJ.
|
2004-03344 The People, etc., respondent, v Kenneth Albritton, appellant. (Ind. No. 166/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered April 1, 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 relation 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.
ADAMS, J.P., CRANE, S. MILLER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31404
T/sl
|
2004-06103
The People, etc., respondent, v Charleston R. Alvarez, appellant. (Ind. No. 01-01644)
| 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 amended judgment of the Supreme Court, Westchester County, rendered June 23, 2004.
ORDERED that the application is granted and the respondent's brief which was submitted to the Clerk of this court on October 12, 2005, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31358
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
SONDRA MILLER
WILLIAM F. MASTRO, JJ.
|
2001-10000 The People, etc., respondent, v Thomas Armour, appellant. (Ind. No. 628/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Nassau County, rendered October 10, 2001.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
ADAMS, J.P., CRANE, S. MILLER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31362
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
SONDRA MILLER
WILLIAM F. MASTRO, JJ.
|
2005-07388 The People, etc., respondent, v Frank Barnett, appellant. (Ind. No. 1860-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered June 21, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is 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.
ADAMS, J.P., CRANE, S. MILLER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31363
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
SONDRA MILLER
WILLIAM F. MASTRO, JJ.
|
2005-08368 The People, etc., respondent, v Tyrone Basnight, appellant. (Ind. No. 2933/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered August 10, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth whether counsel was assigned counsel or retained counsel, and if retained counsel, the amount and source of counsel fees paid to retained counsel.
ADAMS, J.P., CRANE, S. MILLER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31450
CF/
|
2005-03186 The People, etc., respondent, v Jesse R. Benoit, appellant. (Ind. No. 5/05)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Dutchess County, rendered March 28, 2005.
Upon the stipulation of the parties, dated October 12, 2005, October 14, 2005, and October 17, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31508
O/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2001-06250 The People, etc., respondent, v Lenworth Brown, appellant. (Ind. No. 1698/97)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a response to the appellant's supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered June 12, 2001.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until November 9, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31359
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
SONDRA MILLER
WILLIAM F. MASTRO, JJ.
|
2003-06127 The People, etc., respondent, v Tracy Darrel Burke, appellant. (Ind. No. 2325/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Nassau County, rendered October 30, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
ADAMS, J.P., CRANE, S. MILLER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31392
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
SONDRA MILLER
WILLIAM F. MASTRO, JJ.
|
2003-09187 The People, etc., respondent, v Lori Elmendorf, appellant. (Ind. No. 57/02)
| 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, Dutchess County, rendered July 25, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on February 3, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
David Goodman, Esq.
Public Defender
22 Market Street
Poughkeepsie, New York 12601
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:
Salvatore Adamo, Esq.
PMB 185
414 West Sunrise Highway
Patchogue, New York 11772-2254
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.
ADAMS, J.P., CRANE, S. MILLER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 G 0788
Albion Corr. Fac.
3593 State School Road
Albion, New York 14411
Appellate Division: Second Judicial Department
M31379
K/sl
ROBERT A. LIFSON, J.
|
2005-08265 The People, etc., respondent, v Darnell Epps, appellant. (Ind. No. 2533/00)
| 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 Supreme Court, Kings County, dated August 1, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is granted; the defendant is granted leave to appeal from the order of the Supreme Court, Kings County, dated August 1, 2005, 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.
ROBERT A. LIFSON
Associate Justice
Appellate Division: Second Judicial Department
M31348
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
SONDRA MILLER
WILLIAM F. MASTRO, JJ.
|
2005-08104
The People, etc., respondent, v Gregory Goodwine, appellant. (Ind. No. 04-01579)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered July 28, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 Miller, Esq.
4 Treetop Lane
Dobbs Ferry, New York 10522
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.
ADAMS, J.P., CRANE, S. MILLER, and MASTRO, 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
M31347
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
JOSEPH COVELLO, JJ.
|
2002-03374
The People, etc., respondent, v Walter Hampton, appellant. (Ind. No. 915/00)
| 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 March 28, 2002, 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:
Peter A. Sell, Esq.
324 West 96th Street - Suite 4B
New York, New York 10025
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, FISHER, and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
02 A 2217
Clinton Corr. Fac.
P.O. Box 2001
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M31360
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
SONDRA MILLER
WILLIAM F. MASTRO, JJ.
|
2001-06575 The People, etc., respondent, v Juan Hurtado, appellant. (Ind. No. 00-00807)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Orange County, rendered June 9, 2001.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
ADAMS, J.P., CRANE, S. MILLER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31340
F/
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-06343
The People, etc., respondent, v Allan Keizer, appellant. (Ind. No. 03-01703)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered May 25, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert Miller, Esq.
4 Treetop Lane
Dobbs Ferry, New York 10522
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
H. MILLER, J.P., KRAUSMAN, RIVERA, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 3030
Lakeview Shock Incarceration Fac.
P.O. Box T
Brocton, New York 14716
Appellate Division: Second Judicial Department
M31361
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
SONDRA MILLER
WILLIAM F. MASTRO, JJ.
|
2005-07962 The People, etc., respondent, v Jeffrey Kline, appellant. (Ind. No. 04-00388)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Rockland County, rendered August 2, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is 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.
ADAMS, J.P., CRANE, S. MILLER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31356
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
SONDRA MILLER
WILLIAM F. MASTRO, JJ.
|
2004-10383 The People, etc., respondent, v Blerim Kopliku, appellant. (Ind. No. 03-00911)
| DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes |
Renewed motion by the appellant for leave to dispense with printing on an appeal from a judgment of the County Court, Orange County, rendered November 8, 2004, 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 the 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. Retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
ADAMS, J.P., CRANE, S. MILLER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
Patrick Michael Megaro, Esq.
Scott Brettschneider, P.C.
165 EAB Plaza
West Tower - 6th Floor
Uniondale, New York 11556
Appellate Division: Second Judicial Department
M31345
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
SONDRA MILLER
WILLIAM F. MASTRO, JJ.
|
2005-08516
The People, etc., respondent, v Isias Leal, appellant. (Ind. No. 04-01470)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered July 27, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED 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:
Stephen J. Pittari, Esq.
Legal Aid Society of Westchester County
One North Broadway, 9th Floor
White Plains, New York 10601
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
ADAMS, J.P., CRANE, S. MILLER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 4067
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M31388
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
SONDRA MILLER
WILLIAM F. MASTRO, JJ.
|
2005-08161
The People, etc., plaintiff, v Nathaniel Linden, defendant. (Ind. No. 04-01220)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Westchester County, rendered June 23, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., CRANE, S. MILLER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 3457
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M31346
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
SONDRA MILLER
WILLIAM F. MASTRO, JJ.
|
2005-07489
The People, etc., respondent, v Scott A. McClay, appellant. (S.C.I. No. 17/05)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered July 18, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED 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:
David Goodman, Esq.
Public Defender
22 Market Street
Poughkeepsie, New York 12601
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.
ADAMS, J.P., CRANE, S. MILLER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 4001
Downstate Corr. Fac.
P.O. Box 445
Fishkill, New York 12524
Appellate Division : Second Judicial Department
M31354
F/
GLORIA GOLDSTEIN, J.
|
2005-08649
The People, etc., plaintiff, v Robert S. Mickens, defendant. (Ind. No. 1611-01)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Suffolk County, dated August 5, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
GLORIA GOLDSTEIN
Associate Justice
Appellate Division: Second Judicial Department
M31389
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
SONDRA MILLER
WILLIAM F. MASTRO, JJ.
|
2005-08277 The People, etc., respondent, v Yhon Monsalve, appellant. (Ind. No. 2724/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Queens County, rendered September 13, 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 appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Queens County, rendered September 13, 2004.
ADAMS, J.P., CRANE, S. MILLER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31342
F/
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-04231
The People, etc., respondent, v Rene Rivera, appellant. (Ind. No. 04-00206)
| 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, Rockland County, rendered April 19, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
James Licata
Office of the Public Defender
11 New Hemstead Road
New City, New York 10956-3664
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
H. MILLER, J.P., KRAUSMAN, RIVERA, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 2079
Five Points Corr. Fac.
Box 199
Romulus, New York 14541
Appellate Division: Second Judicial Department
M31365
F/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
SONDRA MILLER
WILLIAM F. MASTRO, JJ.
|
2005-08329
The People, etc., plaintiff, v Anthony Rodriguez, defendant. (Ind. No. 2486/04)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered September 10, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., CRANE, S. MILLER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 5117
Franklin Corr. Fac.
Box 10
Malone, New York 12953
Appellate Division: Second Judicial Department
M31449
O/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2001-01270 The People, etc., respondent, v Clive Tracey, appellant. (Ind. No. 3768/00)
| DECISION & ORDER ON MOTION |
Appeal by Clive Tracey from a judgment of the Supreme Court, Kings County, rendered February 6, 2001. By order to show cause dated September 6, 2005, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal as abandoned (see CPL 460.70[2][c]; 22 NYCRR 670.8[f]).
Now, upon the court's own motion, and no papers having been filed in response to order to show cause, it is
ORDERED that the appeal is dismissed.
H. MILLER, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M31229
F/
THOMAS A. ADAMS, J.
|
2005-08012
The People, etc., plaintiff, v James Wells, defendant. (Ind. No. 6451/99)
| 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 1, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
THOMAS A. ADAMS
Associate Justice