Appellate Division: Second Judicial Department

M31600

L/

2005-05718 Rita A. Andriello, et al., appellants, v Kevin Barger, et al., respondents. (Index No. 931/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated May 24, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M31524

D/sl

2005-06762 Manuel Arons, et al., appellants-respondents, v Robert Fulop, respondent-appellant, Robert Jutkowitz, respondent-appellant, William Gael, et al., respondents-appellants, St. Vincent's Medical Center of Richmond, defendant. (Index No. 13810/98)

ORDER ON APPLICATION

Application by the respondent-appellant Robert Fulop pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeal and cross appeal from an order of the Supreme Court, Richmond County, dated July 6, 2005, separate application by the respondent-appellant Robert Jutkowitz for the same relief, and cross application by the appellants-respondents to enlarge the time to serve and file a reply brief.

ORDERED that the applications and cross application are granted; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering briefs, including their points of argument on their cross appeals, on or before December 8, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the appellants-respondents shall serve and file their reply brief on or before January 23, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31580

L/

2005-07747 Natialie Birnbaum, et al., respondents, v Rabbit Messenger, Inc., et al., appellants. (Index No. 16585/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 6, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M31557

L/

2005-08159 Robert Bryan, et al., appellants, v Darrell Frazier, et al., respondents. (Index No. 17661/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 20, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31605

A/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-01331 Anne Marie Charles, appellant, v Highland Care Center, Inc., respondent. (Index No. 16357/01)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated December 21, 2004, for failure to timely perfect the same.

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31577

L/

2005-06203 Mazeslin Clarke, respondent, v Marcus Garvey Nursing Home, Inc., appellant. (Index No. 38157/03)

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 May 27, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31584

L/

2005-08457 Clifford Debrosse, respondent, v Juanita Hayes, et al., appellants. (Index No. 31480/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 17, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31594

L/

2005-06169 Amy Eckna, respondent, v Twin D Transportation, Inc., et al., appellants. (Index No. 13007/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated May 27, 2005.

Upon the stipulation of the parties, dated October 20, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31596

L/

2005-06018 Michael Eisner, appellant, v Greenpoint Savings Bank, et al., respondents (and a third-party action). (Index No. 555/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 3, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31558

L/

2005-08158 Canela Estevan, appellant, v Dionicio Espinal, respondent. (Index No. 25382/03)

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 June 15, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31607

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03334 Leroy France, appellant, v Errol Wilson, et al., respondents. (Index No.18015/04

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated January 10, 2005.

Upon the stipulation of the attorneys for the respective parties, dated October 20, 2005, it is

ORDERED that the application is granted and the appeal is 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

M31564

Y/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-09484 Debra Gaccione, plaintiff, v Louis J. Gaccione, Jr., defendant. (Index No. 200025/05)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated September 22, 2005, and to stay enforcement of the order pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied, and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements.

CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31606

L/

2005-04489 Greenwich Insurance Company, et al., respondents, v Atria Builders, LLC, et al., appellants. (Index No. 13743/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 9, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31550

R/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-07316 Derrick Hamilton, appellant, v State of New York, respondent. (Claim No. 101539)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Court of Claims, dated July 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 that the branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that those branches of the motion which are for a copy of the transcript without charge, to waive payment of the filing fee, and for the assignment of counsel are denied.

H. MILLER, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31597

L/

2005-06262 Otto J. Heitman, et al., respondents, v Joseph A. DiMauro, et al., appellants. (Index No. 26377/04)

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 May 10, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31581

L/

2005-04479 Hillside Manor Rehabilitation & Extended Care Center, respondent, v Michael F. Fazio, et al., appellants. (Index No. 33432/02 )

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Queens County, dated March 29, 2005.

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

ORDERED that the applications are granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31556

L/

2005-04835 Incorporated Village of Westbury, appellant, v Pearl M. Goodwin Charitable Trust, respondent, et al., defendants. (Index No.12491/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 26, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31588

L/

2005-05525 Joseph Reilly Vineyard, Inc., appellant, v Osprey's Dominion Vineyard, Ltd., respondent. (Index No. 17481/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Suffolk County, dated May 2, 2005.

Upon the stipulation of the parties, dated October 11, 1005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31554

L/

2005-07266 Edward L. Kavanagh, et al., respondents, v Brendan A. Teague, et al., appellants. (Index No. 15121/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants Paul P. O'Brien, Jr., and Louis G. Avellino, to withdraw their appeal from an order of the Supreme Court, Nassau County, dated June 8, 2005.

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

ORDERED that the application is granted and the appeal by Paul P. O'Brien, Jr., and Louis G. Avellino, is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31599

L/

2005-04530 Larry Kemelgor, et al., respondents, v Fina Escusa, et al., appellants. (Index No. 17820/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 6, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31601

L/

2005-04448 Thomas J. Laino, et al., appellants, v Pall Corporation, et al., respondents (and a third-party action). (Index No. 20700/97)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Suffolk County, dated March 25, 2005.

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

ORDERED that the applications are granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31578

L/

2005-08173 Richard Loechner, et al., respondents, v Claude Andre, defendant, Corey L. Isaacs, appellant. (Index No. 1235/03)

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 May 1, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31579

L/

2005-06127 Roger Mason, et al., appellants, v Laura Carpenter, et al., respondents. (Index No. 6929/03)

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 May 23, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31566

S/sl

2005-04305 Audrey McClaren, appellant, v Bell Atlantic, et al., respondents. (Action No. 1) (Index No. 20288/98) Audrey McClaren, appellant, v City of New York, respondent. (Action No. 2) (Index No. 24769/96)

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 January 18, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 16, 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

M31576

L/

2005-09191 Melissa Ann Corporation, respondent, v Marsonia Realty Corp., appellant, et al., defendants. (Index No. 1080/04)

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 June 15, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31540

S/sl

2005-04170 Helga Morpurgo, a/k/a Christine Stanley, respondent, v Annselm Morpurgo, a/k/a Anna Selma Vinje Morpurgo, etc., appellant, et al., defendants. (Index No. 03-05554)

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, Suffolk County, dated March 15, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 27, 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

M31595

O/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-09054 PDK Labs, Inc., respondent, v Nature's Energy, Inc., appellant, et al., defendants. (Index No. 862/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated September 7, 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.

CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31555

L/

2005-03031 Karoly Pakozdi, plaintiff-respondent, v City of New York, defendant third-party plaintiff-respondent, Vardaris Tech, Inc., third-party defendant-respondent, Conrad Poppenhusen Association, defendant-appellant. (Index No. 18851/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 10, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31568

S/sl

2005-05002 Paul Palmieri, et al., appellants, v State of New York, etc., et al., respondents. (Claim No. 10987)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Court of Claims, dated March 25, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 11, 2006, 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

M31575

L/

2004-09654 Christina Rallo, et al., appellants, v City of New York, defendant, Metropolitan Transportation Authority, et al., respondents. (Index No. 6596/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated October 5, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31593

L/

2005-07848 Aneal Rampaul, appellant, v Dmitriy Tuzov, et al., respondents. (Index No. 39559/02)

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 June 30, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31608

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-01044 Stephen Sargeant, appellant, v New York City Health & Hospital Corporation, respondent, et al., defendants. (Index No. 5294/01)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated November 23, 2004.

Upon the stipulation of the attorneys for the respective parties, dated October 29, 2005, it is

ORDERED that the application is granted and the appeal is 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

M31545

R/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-01820 Marilyn Scarlett, appellant, v Humphrey Scarlett, respondent. (Index No. 202521/00)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and Assignment of Counsel

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Nassau County, entered January 27, 2005, in effect, to prosecute the appeal on the original papers or, in the alternative, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, to waive the filing fee, for the assignment of counsel, and enlarge the time to perfect the appeal.

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

ORDERED that the branches of the motion which are to prosecute the appeal on the original papers and to waive the filing fee are denied without prejudice to renew on or before November 14, 2005, upon a detailed financial affidavit setting forth (1) all sources and amounts of the appellant's current income, (2) her prior employment and earnings, (3) expected date of commencement of any new employment and the amount of income to be received therefrom, and (4) all assets, both real and personal, including any real restate, or any savings, investment, or retirement plans, in which the appellant has an interest; and it is further,

ORDERED that the branch of the motion which to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is denied without prejudice to renew when the appeal is perfected; and it is further,

 ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is referred to the Clerk of this court for the issuance of a scheduling order pursuant to the rules of this court (see 22 NYCRR 670.4[a]); and it is further,

ORDERED that the branch of the motion which is for the assignment of counsel is denied.

H. MILLER, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31583

Y/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2005-08991 David Slauenwhite, plaintiff, v Jayne A. McGinley-Slauenwhite, defendant. (Index No. 03-09171)

DECISION & ORDER ON MOTION

Motion by the plaintiff, inter alia, for leave to appeal to this court from an order of the Supreme Court, Westchester County, entered September 12, 2005, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary, as the order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31612

A/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-00604 Arthur G. Soldinger, respondent, v Elfriede Soldinger, appellant. (Index No. 200062/04)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Nassau County, entered January 13, 2005, which was determined by decision and order of this court dated August 15, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

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

KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31598

L/

2005-05663 Norman Spence, et al., appellants, v Lovell Jaundoo, respondent. (Index No. 26392/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 23, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31587

L/

2005-00258 Sub10k, Inc., appellant, v National Marketing Services, Ltd., d/b/a Cars Magazine, et al., respondents. (Index No.18251/02)

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 December 3, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31585

L/

2005-06518 Wilson Tacuri, appellant, v Hwee Yull You, respondent. (Index No. 389/05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 27, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31552

L/

2005-05451 Michael Thompson, et al., respondents, v City of New York, et al., appellants. (Index No. 32921/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant City of New York, to withdraw its appeal from an order of the Supreme Court, Queens County, dated May 2, 2005.

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

ORDERED that the application is granted and the appeal by City of New York is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31567

S/sl

2005-04375, 2005-04377 Town of Brookhaven, respondent, v Rosalina S. Dias, appellant. (Index No. 04-22588)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Suffolk County, both dated March 31, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 27, 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

M31572

S/sl

2005-03544 Thomas Young, appellant, v Breezy Point Cooperative, Inc., respondent. (Index No. 3358/05)

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, Queens County, dated March 14, 2005, and for other relief.

ORDERED that the branch of the application to enlarge time is granted, the appellant's time to perfect the appeal is enlarged until December 12, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the remaining branches of the application are dismissed without prejudice to making a formal motion for the relief requested (see CPLR 8022; 22 NYCRR 670.8[d][2]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31613

A/sl

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-07619 In the Matter of Berkeley Realty, LLC, petitioner, v Laverne Hicks, respondent. (Index No. SP 0013/03)

DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division

Motion by the petitioner for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated April 13, 2005, which affirmed an order of the City Court of the City of Yonkers, Westchester County, entered April 6, 2004.

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

ORDERED that the motion is denied.

GOLDSTEIN, J.P., SKELOS, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31573

L/

2005-03125 In the Matter of GEICO, petitioner-respondent, v Rashein McDonald, et al., respondents, State Farm Mutual Automobile Insurance Company, appellant. (Index No. 12417/04)

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 February 10, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31582

L/

2005-05191 In the Matter of Nikolaus Germain, respondent, v New York Methodist Hospital, appellant. (Index No. 5113/05)

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 April 5, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31453

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05608 In the Matter of Gary W. Gramer, an attorney and counselor-at-law. (Attorney Registration No. 1517770)

DECISION & ORDER ON MOTION

Petition by Gary W. Gramer for an order: (1) pursuant to 22 NYCRR 691.13(b) immediately suspending him from the practice of law due to his serious physical illness and resultant medical disability and (2) holding in abeyance any and all pending disciplinary proceedings for the duration of his medical disability. Application by the Grievance Committee for the Tenth Judicial District for an order directing that Mr. Gramer be examined by a qualified medical expert to determine his capacity to practice law and, if upon due consideration it is concluded that Mr. Gramer is incapacitated from practicing law, suspending him on the ground of such disability for an indefinite period and appointing a conservator pursuant to 22 NYCRR 691.13(d), inter alia, to inventory Mr. Gramer's files and take such action as is proper and advisable to protect the interests of Mr. Gramer and his clients. Gary W. Gramer was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 20, 1972.

Upon the papers submitted in connection with the petition and the application, it is

ORDERED that on the court's own motion, the Grievance Committee for the Tenth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against Gary W. Gramer, based upon the allegations set forth in the Grievance Committee's affirmation in response; and it is further,

ORDERED that Faith Lorenzo, Chief Counsel to the Grievance Committee for the Tenth Judicial District, is hereby appointed as attorney for Grievance Committee for the Tenth Judicial District in such proceeding; and it is further,

ORDERED that Grievance Committee shall serve on Gary W. Gramer, and shall file with this court, a petition within 60 days after receipt of a copy of this decision and order on motion; and it is further,

ORDERED that Gary W. Gramer is directed to serve an answer to the petition within 20 days after service of the petition upon him and to file the original answer with the Clerk of this Court; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to John P. Clarke, Esq., 35 Broad St., Williston Park, N.Y. 11596, as Special Referee to hear and to submit a report within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda; and it is further,

ORDERED that Gary W. Gramer is immediately suspended, pursuant to 22 NYCRR 691.13(c), based on his claimed medical disability, until a determination is made of his capacity to continue to practice law; and it is further,

ORDERED that Gary W. Gramer is directed to be expeditiously examined by a qualified medical expert, to be arranged for by Chief Counsel for the Grievance Committee for the Tenth Judicial District within 30 days of the date this decision and order on motion, to determine whether he is incapacitated from continuing to practice law pursuant to 22 NYCRR 691.13(b)(1); and it is further,

ORDERED that the disciplinary proceeding and Mr. Gramer's petition are held in abeyance pending receipt of the medical expert's report and a determination of Mr. Gramer's capacity to practice law; and it is further,

ORDERED that the branch of the Grievance Committee's application which is for the appointment of a conservator pursuant to 22 NYCRR 691.13(d), inter alia, to inventory Mr. Gramer's files and to take such action as is deemed proper and advisable to protect the interests of Mr. Gramer and his clients is held in abeyance pending receipt of the medical expert's report; and it is further,

ORDERED that if Gary W. Gramer has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and Gary W. Gramer shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f).

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31553

L/

2005-01854, 2005-01858 In the Matter of Chris L. (Anonymous), appellant. (Docket No. D-13931-04)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeals

Application by the appellant to withdraw appeals from two orders of the Family Court, Queens County, dated November 4, 2004, and January 19, 2005, respectively.

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

ORDERED that the application is granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31603

C/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-05356 In the Matter of Francine Mitchell, respondent, v Lesly Remy, appellant. (Docket No. F-00825-92)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to compel the New York City Office of Child Support Enforcement to direct the reinstatement of his driver's license, pending hearing and determination of an appeal from an order of the Family Court, Queens County, dated May 7, 2004.

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 the appellant seeking appropriate relief before the New York City Office of Child Support Enforcement.

CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31561

L/

2005-04222, 2005-04224 In the Matter of Pocantico River Corporation, plaintiff-respondent, v New York State Department of Environmental Conservation, et al., respondents-respondents, Town of Mount Pleasant, et al., appellants. (Index No. 1372/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw appeals from two orders of the Supreme Court, Westchester County, dated June 30, 2003, and March 15, 2005, respectively.

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

ORDERED that the application is granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31602

L/

2005-06400 In the Matter of Village of Port Chester, etc., respondent, v Fabio Sorto, d/b/a Rinconcito Salvadoreno, appellant. (Index No. 3793/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 7, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M31418

F/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2005-07182 The People, etc., respondent, v Annette Booker, appellant. (Ind. No. 88622)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a determination of the County Court, Nassau County, dated July 7, 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 that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the County Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the County Court, Nassau County, continues on appeal; 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 in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

 ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 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 the filing fee is waived (see CPLR 1103[d]); 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

Appellate Division: Second Judicial Department

M31378

K/sl

ROBERT A. LIFSON, J.

2000-03923 The People, etc., respondent, v Aaron Boone, appellant. (Ind. No. 1968/97)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered March 30, 2000, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.

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

ORDERED that the motion is denied.

ROBERT A. LIFSON

Associate Justice

Appellate Division: Second Judicial Department

M31437

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-08844 The People, etc., respondent, v Russell Brooks, appellant. (Ind. No. 1636-04)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered September 7, 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 C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

124 South 30th Street

Amityville, New York 11701

Appellate Division : Second Judicial Department

M31548

F/

REINALDO E. RIVERA, J.

2005-07916 The People, etc., plaintiff, v Albert Brown, defendant. (Ind. No. 82-00588)

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, Westchester County, dated July 7, 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.

REINALDO E. RIVERA

Associate Justice

Appellate Division: Second Judicial Department

M31525

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2003-05514 The People, etc., respondent, v Skyler Brownlee, appellant. (Ind. No. 3508/02)

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 Supreme Court, Kings County, rendered June 18, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on May 18, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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 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:

Gerald Allen, Esq.

49 West 37th Street - 7th Floor

New York, New York 10018

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.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 3419

Clinton Corr. Fac.

Box 2002

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M31194

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05355 The People, etc., respondent, v Carlos Diaz, appellant. (Ind. No. 2516-93)

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, Suffolk County, rendered May 10, 2005. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on October 3, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

Debra Ann Urbano-DiSalvo, Esq.

15 Whitney Drive

Amityville, New York 11701

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 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:

Joseph A. Hanshe, Esq.

116 Greene Avenue

Sayville, New York 11782

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.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

95 A 3027

Sing Sing Corr. Fac.

345 Hunter Street

Ossining, New York 10562

Appellate Division: Second Judicial Department

M31436

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-08530 The People, etc., respondent, v Daniel Duphiney, appellant. (Ind. No. 419-05)

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, Suffolk County, rendered July 1, 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 C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 R 3013

Ulster Corr. Fac.

P.O. Box 800

Napanoch, New York 12458

Appellate Division: Second Judicial Department

M31427

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-08362 The People, etc., respondent, v Ali Edwards, appellant. (Ind. No. 04-01702)

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, Westchester County, rendered August 10, 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:

Gary M. Gash, Esq.

81 Main Street

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.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 4242

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Appellate Division: Second Judicial Department

M31377

K/sl

BARRY A. COZIER, J.

2005-07607 The People, etc., plaintiff, v Fritz Elysee, defendant. (Ind. No. 9083/03)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Kings County, rendered August 4, 2005, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.

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

ORDERED that the motion is denied.

BARRY A. COZIER

Associate Justice

Appellate Division: Second Judicial Department

M31435

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-08843 The People, etc., respondent, v Robert Figueroa, appellant. (Ind. No. 627-05)

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 Supreme Court, Suffolk County, rendered August 24, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

90 Eisenhower Avenue

Brentwood, New York 11717

Appellate Division: Second Judicial Department

M31433

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-11235 The People, etc., respondent, v Jose Garcia, appellant. (Ind. No. 2182-04)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered December 13, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 0386

Clinton Corr. Fac.

P.O. Box 2000

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M31447

F/

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2002-00297 The People, etc., respondent, v Marvin Gedin, appellant. (Ind. No. 2827/00)

DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel and to Assign New Counsel

The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the County Court, Nassau County, rendered November 30, 2001, was granted on March 14, 2002, and October 18, 2005, respectively. The following named attorney was assigned to prosecute the appeal:

Richard A. Mastrocola, Esq.

145 Willis Avenue

Mineola, New York 11501

On the court's own motion, it is

ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new 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 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 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 the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

FLORIO, J.P., KRAUSMAN, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31421

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2002-00416 The People, etc., respondent, v Taron Jakeam Gibson, appellant. (Ind. No. 01-00302)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion of this court, dated December 9, 2004, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the County Court, Orange County, rendered December 18, 2001, is recalled and vacated; and it is further,

ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.

The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31428

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-00821 The People, etc., respondent, v Scott B. Hall, appellant. (Ind. No. 2714-02)

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, Suffolk County, rendered January 7, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 0205

Upstate Corr. Fac.

P.O. Box 2001

Malone, New York 12953

Appellate Division: Second Judicial Department

M31529

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2000-02837 The People, etc., respondent, v John Hammond, appellant. (Ind. No. 11926/98)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered March 14, 2000. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on November 1, 2002, and the following named attorney was assigned as counsel to prosecute the appeal:

Ethel Ross, Esq.

P.O. Box 347-787

Route 35

Cross River, New York 10518

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 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:

Stuart Birbach, Esq.

500 5th Avenue - 16th Floor

New York, New York 10110-0095

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.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

00 A 1902

Drawer B

Stormville, New York 12582

Appellate Division: Second Judicial Department

M31415

F/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2005-08364 The People, etc., respondent, v Craig Hardy, appellant. (Ind. No. 4991/84)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a determination of the Supreme Court, Queens County, dated July 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 that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Queens County, continues on appeal; 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 in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

 ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 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 the filing fee is waived (see CPLR 1103[d]); 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

Appellate Division : Second Judicial Department

M31547

F/

REINALDO E. RIVERA, J.

2005-08163 The People, etc., plaintiff, v Cecil Harvey, defendant. (Ind. No. 2576/93)

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, Queens County, dated February 24, 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.

REINALDO E. RIVERA

Associate Justice

Appellate Division: Second Judicial Department

M31357

A/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2002-09776 The People, etc., respondent, v William Jennings, appellant. (Ind. No. 1540/92)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to recall and vacate a decision and order on motion of this court dated June 17, 2005, which dismissed an appeal from an order of the Supreme Court, Suffolk County, dated August 5, 2002, for failure to timely perfect the appeal, and to reinstate the appeal.

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

ORDERED that the motion is denied.

COZIER, J.P., RITTER, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31431

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-08821 The People, etc., respondent, v Shawn Lawrence, appellant. (Ind. No. 657-99)

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, Suffolk County, rendered July 15, 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 C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

00 A 1938

Greenhaven Corr. Fac.

P.O. Box 4000

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M31413

F/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2005-07496 The People, etc., respondent, v Ronald J. Ledbetter, appellant. (Ind. No. 77176/91)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a determination of the Supreme Court, Nassau County, dated June 17, 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 that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Nassau County, continues on appeal; 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 in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

 ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 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 the filing fee is waived (see CPLR 1103[d]); 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

Appellate Division: Second Judicial Department

M31474

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-01195 The People, etc., respondent, v Robert Liptscher, appellant. (Ind. No. 03-00333)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered November 20, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on June 2, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

Ethel P. Ross, Esq.

P.O. Box 347-787

Route 35

Cross River, New York 10518

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 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:

Anthony M. Giordano, Esq.

100 Executive Blvd. - Suite 204

Ossining, New York 10562

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.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, 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

M31532

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05013 The People, etc., respondent, v Warren Madison, appellant. (Ind. No. 2701/03)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated October 12, 2005, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered April 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:

Kerry Sloane Bassett, Esq.

c/o Jason Bassett, Esq.

The Courthouse Corporate Center

320 Carleton Avenue - Suite 4200

Central Islip, New York 11722

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.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 R 2220

Dale Creek Corr. Fac.

P.O. Box 950

Johnstown, New York 12095

Appellate Division: Second Judicial Department

M31429

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-08822 The People, etc., respondent, v Jefferson McLamb, appellant. (Ind. No. 1595-87)

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, Suffolk County, rendered August 9, 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 C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, 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

M31417

F/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2005-07498 The People, etc., respondent, v James Parris, appellant. (Ind. No. 03-00213)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a determination of the County Court, Westchester County, dated July 20, 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 that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the County Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the County Court, Westchester County, continues on appeal; 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 in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

 ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 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 the filing fee is waived (see CPLR 1103[d]); 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

Appellate Division: Second Judicial Department

M31419

F/

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2005-03003 The People, etc., respondent, DECISION & ORDER v Brian Quinn, appellant. (Ind. No. 2382-04)

ON MOTION Motion Pro se to Relieve Counsel of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered March 10, 2005, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on May 9, 2005, and the following named attorney was assigned to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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

ORDERED that the motion is granted; previously 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 to prosecute the appeal:

James Montgomery, Esq.

58 Ocean Avenue

Amityville, New York 11701

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 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 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

Appellate Division: Second Judicial Department

M31565

Y/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-04291 The People, etc., respondent, v Ralph Salierno, appellant. (Ind. No. 636-03)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Suffolk County, rendered April 26, 2004.

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

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

ORDERED that the respondent's time to serve and file a brief is enlarged until October 31, 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.

CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31414

F/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2005-07183 The People, etc., respondent, v Jose Salmeron, appellant. (Ind. No. 510/05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a determination of the County Court, Nassau County, dated May 26, 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 that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the County Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the County Court, Nassau County, continues on appeal; 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 in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

 ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 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 the filing fee is waived (see CPLR 1103[d]); 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

Appellate Division: Second Judicial Department

M31530

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-00423 The People, etc., respondent, v Kelvin Santos, appellant. (Ind. No. 8695/02)

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 Supreme Court, Kings County, rendered December 23, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on April 9, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

Ethel Ross, Esq.

P.O. Box 347-787

Route 35

Cross River, New York 10518

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 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:

Ralph Cherchian, Esq.

67 Wall Street - Suite 2411

New York, New York 10005

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.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 0056

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M31479

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2002-06637 The People, etc., respondent, v Raoul South, appellant. (Ind. No. 00-01285)

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, Westchester County, rendered June 24, 2002. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on November 12, 2002, and the following named attorney was assigned as counsel to prosecute the appeal:

Ethel P. Ross, Esq.

P.O. Box 347-787

Route 35

Cross River, New York 10518

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 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:

Helene M. Greenberg, Esq.

45 Knollwood Road - 5th Floor

Elmsford, New York 10523

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.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

02 A 3837

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M31476

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

1998-07070 The People, etc., respondent, v Larry Stevens, appellant. (Ind. No. 96-01092)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered July 10,1998. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on August 29, 2001, and the following named attorney was assigned as counsel to prosecute the appeal:

Ethel P. Ross, Esq.

P.O. Box 347-787

Route 35

Cross River, New York 10518

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 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:

Marshall Goldstein, Esq.

399 Knollwood Road

White Plains, New York 10603

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.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

98 A 4915 - 47-7-9

Clinton Corr. Fac.

P.O. Box 2001

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M31412

F/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2005-05210 The People, etc., respondent, v Nahshon Thomas, appellant. (Ind. No. 1398/04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a determination of the County Court, Nassau County, dated May 3, 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 that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the County Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the County Court, Nassau County, continues on appeal; 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 in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

 ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 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 the filing fee is waived (see CPLR 1103[d]); 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

Appellate Division: Second Judicial Department

M31526

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2003-10962 The People, etc., respondent, v Arthur Tuten, appellant. (Ind. No. 8695/02)

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 Supreme Court, Kings County, rendered July 30, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on December 9, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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 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:

Ronald G. Alexis, Esq.

Park W. Finance

P.O. Box 20741

New York, New York 10025

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.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 4270

Upstate Corr. Fac.

P. O. Box 2001 - Bare Hill Rd.

Malone, New York 12953

Appellate Division: Second Judicial Department

M31423

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-07377 The People, etc., respondent, v Miguel Vazquez, appellant. (Ind. No. 05-00042)

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, Rockland County, rendered July 13, 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.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 3729

Franklin Corr. Fac.

62 Bare Hill Road

P.O. Box 10

Malone, New York 12953

Appellate Division: Second Judicial Department

M31480

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2002-02621 The People, etc., respondent, v Leverne Williams, a/k/a Leverne Duty, appellant. (Ind. No. 34/01)

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 March 18, 2002. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on October 22, 2002, and the following named attorney was assigned as counsel to prosecute the appeal:

Ethel P. Ross, Esq.

P.O. Box 347-787

Route 35

Cross River, New York 10518

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 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:

Del Atwell, Esq.

P.O. Box 2516

Montauk, New York 11954

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.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

02 A 1964

Greenhaven Corr. Fac.

Box 4000

Stormville, New York 12582

Appellate Division : Second Judicial Department

M31546

F/

REINALDO E. RIVERA, J.

2005-08947 The People, etc., plaintiff, v Ronnie Williams, defendant. (Ind. No. 1660-02)

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 15, 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.

REINALDO E. RIVERA

Associate Justice