SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MOTION DECISIONS FOR OCTOBER 29, 2003

TITLECase Number
Antolini v Antolini2003-08556 + 1
Cruz v City of New York2003-04226
Gasby v Dollar Rent A Car2003-02622
Lodes v Mendez-Lodes2003-08588
Mastromonico v Mastromoni2003-08660
Simpson v Cook Pony Farm2003-03806 + 1
Tom v MTA-Long Island Bus2002-09239
Yadegar v International F2003-09067
Mtr of A. (Anonymous), Tr2003-08618
Mtr of B. (Anonymous), Jo1997-02971 + 1
Mtr of B. (Anonymous), Ta2003-09034
Mtr of Braun v Lieto2003-05399 + 2
Mtr of C. (Anonymous), Jo2003-05618 + 2
Mtr of Calvo v Calvo2003-04975
Mtr of D. (Anonymous), Je2002-06236 + 1
Mtr of F. (Anonymous), Ma2002-06575
Mtr of H. (Anonymous), Ni2003-02010
Mtr of Henry v Skratt2003-05528 + 1
Mtr of Ptaszynska v Simps2003-05452
Mtr of Rosen v Rosen2003-07780
Mtr of V. (Anonymous), Me2003-01005
Mtr of Valle v Valle2003-01487
Mtr of Williams v O'Toole2003-04164
Peo v Hernandez, Claudio2003-07346
Peo v Mitchell, Eric2003-08036
Peo v Parker, Torry2000-10563
Peo v Payne, Lembernski2002-08788
Peo v Porter, Barry2003-05988
Peo v Porter, Christopher2001-04815
Peo v Romeo, Joseph2003-09469
Peo v Roque, Juan2003-00129
Peo v Stover, Jeffrey2002-07302
Peo v Torres, Carlos2003-07226
Peo v Turnbull, Michael2003-04404
Peo v Wilson, Antonio2001-11046






Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3945

E/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

HOWARD MILLER, JJ.

2003-08556, 2003-08894

Susanne Antolini, respondent,

v Robert Antolini, appellant.

(Index No. 23781/96)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Suffolk County, entered September 2, 2003, and September 17, 2003, respectively, to stay enforcement of the orders pending hearing and determination of the appeals and to consolidate the appeals.

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 to consolidate the appeals is denied as unnecessary, as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3902

Y/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2003-04226

Eve Cruz, etc., respondent, v City of New York,

defendant, JPM Contracting Corp. appellant.

(Index No. 23560/99)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated March 28, 2003.

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

ORDERED that the motion is granted, and the trial of the above-entitled action is stayed pending the hearing and determination of the appeal.

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

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3958

S/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN, JJ.

2003-02622

Bridgette Gasby, appellant,

v Dollar Rent A Car, et al., respondents.

(Index No. 42447/99)

ORDER TO SHOW CAUSE

The plaintiff having appealed to this court from an order of the Supreme Court, Kings County, dated February 4, 2003, and this court having noticed the matter for a CAMP conference, and, counsel for the appellant having failed to appear at the conference without excuse.

Now, on the court's own motion, it is

ORDERED that counsel for the appellant show cause why an order should not be entered dismissing the appeal or imposing such other sanction as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2), by filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on all parties to the action on or before November 21, 2003; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon counsel for all parties by regular mail.

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

ENTER:

James Edward Pelzer

Clerk


Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3918

O/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2003-08588

Claudio L. Lodes, appellant, v

Margaret Mendez-Lodes, respondent.

(Index No. 201184/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated August 29, 2003, to stay enforcement of so much of the order as directed him to pay the sum of $1,100 per month towards the mortgage and real estate taxes on the marital premises 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 motion is granted and enforcement of so much of the order as directed the appellant to pay the sum of $1,100 per month towards the mortgage and real estate taxes on the marital premises is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 28, 2003, and on the further condition that the appellant pays the sum of $375 per month towards the mortgage and real estate taxes on the marital premises pending hearing and determination of the appeal; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 28, 2003, and/or the appellant fails to pay the sum of $375 per month towards the mortgage and real estate taxes on the marital premises pending hearing and determination of the appeal, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk


Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3901

Y/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2003-08660

Gayle Mastromonico, respondent, v

Thomas Mastromonico, appellant.

(Index No. 30410/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated September 22, 2003, inter alia, to stay enforcement of so much of the order as directed him to appear for sentencing based on a finding that he was in contempt of court, pending the 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 motion is granted to the extent that enforcement of so much of the order dated September 22, 2003, as directed the appellant to appear for sentencing is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before December 1, 2003, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 1, 2003, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk


Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3955

S/sl

2003-03806, 2003-03807

George Simpson, et al., appellants,

v Cook Pony Farm Real Estate, Inc., et al.,

respondents.

(Index No. 31848/97)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 21, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 29, 2003, 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



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3961

L/

DAVID S. RITTER, J.P.

WILLIAM D. FRIEDMANN

LEO F. McGINITY

ROBERT W. SCHMIDT, JJ.

2002-09239

Lillian Tom, etc., respondent,

v MTA-Long Island Bus, et al., appellants.

(Index No. 21690/99)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 26, 2002.

Upon the stipulation of the attorneys for the respective parties, dated September 30, 2003, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

RITTER, J.P., FRIEDMANN, McGINITY and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3942

Y/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

HOWARD MILLER, JJ.

2003-09067

Shala Yadegar, et al., plaintiffs-respondents,

v International Food Market, et al., defendants-

respondents, Herman B. Stein, appellant.

(Index No. 9340/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending the hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated September 8, 2003.

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

ORDERED that the motion is denied.

RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk


Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3828

T/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

LEO F. McGINITY

REINALDO E. RIVERA, JJ.

2003-08618

In the Matter of Tracey Ann A. (Anonymous).

Little Flower Children's Services, respondent;

Hubert E. (Anonymous), appellant.

(Proceeding No. 1)

(Docket No.N 00401102)

In the Matter of Kerry Ann E. (Anonymous).

Little Flower Children's Services, respondent;

Hubert E. (Anonymous), appellant.

(Proceeding No. 2)

(Docket No. N 00402/02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to prosecute an appeal from an order of the Family Court, Kings County, dated September 17, 2003, as a poor person, for the assignment of counsel, and for a preference in the calendaring of the appeal.

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

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are granted; and it is further,

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

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

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

Jeffrey Bluth, Esq.

415 Albermarle Rd.

Brooklyn, New York 11218

(718) 435-5357

and it is further,

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

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary (see Family Ct Act § 1112[a]); and it is further,

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

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

SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3959

S/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

DANIEL F. LUCIANO

HOWARD MILLER, JJ.

1997-02971, 1997-02973

In the Matter of Joseph B. (Anonymous).

Commissioner of the Administration for

Children's Services, respondent; Rony B.

(Anonymous), appellant.

(Proceeding No. 1).

(Docket No. N-2966-95)

In the Matter of Julie B. (Anonymous).

Commissioner of the Administration for

Children's Services, respondent; Rony B.

(Anonymous), appellant.

(Proceeding No. 2).

(Docket No. N-2967-95)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order dated August 18, 2003, in the above-entitled matter is amended by deleting from the fourth decretal paragraph thereof the dates "October 20, 2003, November 20, 2003, and December 1, 2003", and substituting therefor the dates "January 2, 2004, February 3, 2004, and February 14, 2004".

PRUDENTI, P.J., RITTER, LUCIANO and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk


Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3954

O/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

HOWARD MILLER, JJ.

2003-09034

In the Matter of Ta Fon Edward J. B. (Anonymous).

Administration for Children's Services, et al.,

petitioners; Selina S. (Anonymous), respondent.

(Proceeding No. 1)

(Docket No. B-20316-02)

In the Matter of Alexis Shymae B. (Anonymous).

Administration for Children's Services, et al.,

petitioners; Selina S. (Anonymous), respondent.

(Proceeding No. 2)

(Docket No. B-20317-02)

DECISION & ORDER ON MOTION

Motion by the Selina S., inter alia, for leave to appeal to this court from an order of the Family Court, Kings County, dated September 18, 2003, for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to stay the above-entitled proceedings 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 branches of the motion which are for leave to appeal, leave to prosecute the appeal as a poor person, and assignment of counsel are granted; and it is further,

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

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

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

Mark W. Brandys, Esq.

26 Court Street, Suite 1215

Brooklyn, New York 11242

(718) 624-4010

and it is further,

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

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

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

RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3940

A/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-05399, 2003-05400, 2003-05401

In the Matter of Maria Braun, respondent,

v Domenick Lieto, appellant.

(Docket No. F-736/02)

DECISION & ORDER ON MOTION

Appeal by Domenick Lieto from three orders of the Family Court, Putnam County, dated February 24, 2003, May 19, 2003, and June 5, 2003, respectively. By order to show cause dated September 24, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated August 8, 2003, issued pursuant to 22 NYCRR 670.4(a).

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

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

ORDERED that pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), the scheduling order of this court dated August 8, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until December 1, 2003.

S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk


Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3756

M/mv

2003-05618, 2003-07173, 2003-07174

In the Matter of Joseph C. (Anonymous).

Nassau County Department of Social Services,

respondent; Rebecca C. (Anonymous), appellant.

(Docket No. N-422-99)

SCHEDULING ORDER

Appeals by Rebecca C. from two orders of the Family Court, Nassau County, both dated May 6, 2003, and an order of the same court, dated May 19, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 7, 2003, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3801

M/mv

2003-04975

In the Matter of Altagracia Calvo, respondent,

v Luis Calvo, appellant.

(Docket No. F-1400-97)

SCHEDULING ORDER

Appeal by Luis Calvo from an order of the Family Court, Queens County, dated April 30, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that the scheduling order of this court dated August 1, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until November 17, 2003.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3798

M/mv

2002-06236, 2002-06237

In the Matter of Jessica Dee D. (Anonymous), et al.

Jewish Child Care Association, et al., petitioners-

respondents; Alexandra B. (Anonymous), appellant;

Johnny D. (Anonymous), a/k/a John D. (Anonymous),

respondent.

(Docket Nos. B-16653/00, B-16654/00, B-16655/00)

SCHEDULING ORDER

Appeals by Alexandra B. from two orders of the Family Court, Kings County, dated March 14, 2002, and May 29, 2002, respectively. The appellant's brief was filed in the office of the Clerk of this court on October 17, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.


Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3803

M/mv

2002-06575

In the Matter of Mayabelle F. (Anonymous).

Orange County Department of Social

Services, et al., respondents;

Jean Emmanuel T. (Anonymous), appellant.

(Proceeding No. 1)

In the Matter of Malachei T. (Anonymous).

Orange County Department of Social

Services, et al., respondents;

Jean Emmanuel T. (Anonymous), appellant.

(Proceeding No. 2)

In the Matter of Miles F. (Anonymous).

Orange County Department of Social

Services, et al., respondents;

Jean Emmanuel T. (Anonymous), appellant.

(Proceeding No. 3)

In the Matter of Mariah F. (Anonymous).

Orange County Department of Social

Services, et al., respondents;

Jean Emmanuel T. (Anonymous), appellant.

(Proceeding No. 4)

(Docket Nos. NA-4649-01, NN-4658-01,

NN-4654-01, NN-7629-01, NN-7628-01)

SCHEDULING ORDER

Appeal by Jean Emmanuel T. from an order of the Family Court, Orange County, dated June 14, 2002. The appellant's brief was filed in the office of the Clerk of this court on June 18, 2003. By decision and order on motion of this court dated October 20, 2003, the following named attorney was assigned as the Law Guardian to represent the children on the appeal:

J. Henry Neale Jr., Esq.

222 Mamaroneck Avenue

White Plains, New York 10605

(914) 997-7575

Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that the scheduling order of this court dated August 7, 2003, in the above-entitled proceeding is amended to provide that the law guardian's time to serve and file a brief in the above-entitled appeal is enlarged until November 17, 2003.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3804

M/mv

2003-02010

In the Matter of Nicolette H. (Anonymous).

Dutchess County Department of Social Services,

appellant; Michelle S. (Anonymous), et al.,

respondents.

(Proceeding No. 1)

In the Matter of Austin H. (Anonymous).

Dutchess County Department of Social Services,

appellant; Michelle S. (Anonymous), et al.,

respondents.

(Proceeding No. 2)

In the Matter of Nathaniel S. (Anonymous).

Dutchess County Department of Social Services,

appellant; Michelle S. (Anonymous), et al.,

respondents.

(Proceeding No. 3)

(Docket Nos. NN-05013-02, NN-05013-02/02A,

NN-05016-02, NN-05016-02/02A, NN-05017-02,

NN-05017-02/02A, NA-05022-02, NA-05022-02A)

SCHEDULING ORDER

Appeal by Dutchess County Department of Social Services from an order of the Family Court, Dutchess County, dated February 10, 2003. The appellant's brief was filed in the office of the Clerk of this court on August 13, 2003. By decision and order on motion of this court dated October 20, 2003, the following named attorney was assigned as the Law Guardian to represent the children on the appeal:

Marsha E. Koretzky, Esq.

P.O. Box 943

Goshen, New York 10924

(845) 294-1611

Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that the scheduling order of this court dated September 11, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent and the law guardian to serve and file their briefs in the above-entitled appeal is enlarged until November 17, 2003.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3793

M/mv

2003-05528, 2003-05552

In the Matter of Felicia A. Henry, appellant,

v Andrew A. Skratt, respondent.

(Docket Nos. O-14090-03, V-20135/01)

SCHEDULING ORDER

On the court's own motion, it is

ORDERED that its scheduling order in the above-entitled proceeding dated October 9, 2003, is recalled and vacated, and the following scheduling order is substituted therefor:

Appeals by Felicia A. Henry from two orders of the Family Court, Kings County, dated May 20, 2003, and June 3, 2003, respectively. By decision and order on motion of this court dated October 16, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:

Yasmin Daley-Duncan, Esq.

218 Smith Street

Brooklyn, New York 11202

(718) 284-3575

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated September 24, 2003, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3947

O/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-05452

In the Matter of Beata Ptaszynska, respondent,

v Richard Simpson, appellant.

(Docket No. F-3409-00)

DECISION & ORDER ON MOTION

Appeal by Richard Simpson from an order of the Family Court, Kings County, dated May 19, 2003. By order to show cause dated September 23, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated August 4, 2003, issued pursuant to 22 NYCRR 670.4(a).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated August 4, 2003 (see 22 NYCRR 670.4[a][5]).

S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk


Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3800

M/mv

2003-07780

In the Matter of Susan Rosen, respondent,

v Steven Rosen, appellant.

(Docket No. F-01165-01)

ORDER TO SHOW CAUSE

Appeal by Steven Rosen from an order of the Family Court, Westchester County, dated August 4, 2003. By scheduling order dated September 18, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 18, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 14, 2003; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3797

M/mv

2003-01005

In the Matter of Megan V. (Anonymous).

Suffolk County Department of Social Services,

respondent; John V. (Anonymous), appellant.

(Proceeding No. 1)

In the Matter of Angelica V. (Anonymous).

Suffolk County Department of Social Services,

respondent; John V. (Anonymous), appellant.

(Proceeding No. 2)

(Docket Nos. B-167-01 and B-168-01)

SCHEDULING ORDER

Appeal by John V. from an order of the Family Court, Suffolk County, dated January 6, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that the scheduling order of this court dated April 28, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until December 2, 2003.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3925

O/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2003-01487

In the Matter of Israel Valle, appellant,

v Ventura Valle, respondent.

(Docket No. O-00943-03)

DECISION & ORDER ON MOTION

Appeal by Israel Valle from an order of the Family Court, Queens County, dated January 15, 2003. By order to show cause dated September 11, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated June 11, 2003, issued pursuant to 22 NYCRR 670.4(a).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated June 11, 2003 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk


Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3886

M/mv

2003-04164

In the Matter of Jacqueline Williams, et al.,

respondents, v Ann O'Toole, appellant.

(Docket No. V-2339-01)

SCHEDULING ORDER

Appeal by Ann O'Toole from an order of the Family Court, Nassau County, dated March 24, 2003. The appellant's brief was filed in the office of the Clerk of this court on August 19, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that the scheduling order of this court dated September 10, 2003, in the above-entitled proceeding is amended to provide that the law guardian's time to serve and file a brief in the above-entitled appeal is enlarged until November 24, 2003.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3812

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-07346

The People, etc., respondent,

v Claudio Hernandez, appellant.

(Ind. No. 281-03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered July 22, 2003, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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 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 Co., - 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., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 R 4080

Oneida Corr. Fac.

6100 School Rd.

Rome, New York 13440


Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3807

F/

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2003-08036

The People, etc., respondent,

v Eric Mitchell, appellant.

(SCI. No. 02-01602)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Westchester County, rendered August 4, 2003.

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

ORDERED that the motion is granted, and the notice of appeal filed on September 8, 2003, is deemed to be timely served and filed.

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

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3808

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2000-10563

DECISION & ORDER ON MOTION

The People, etc., respondent,

v Torry Parker, appellant.

(Ind. No. 6781/99)

Motion by the appellant pro se to recall and vacate a decision and order on motion of this court, dated June 20, 2003, which granted his application for leave to serve and file a supplemental brief on his appeal from a judgment of the Supreme Court, Kings County, rendered October 30, 2000, and to deem the application withdrawn.

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, the decision and order on motion dated June 20, 2003, is recalled and vacated, and the appellant's application for leave to serve and file a supplemental brief is deemed withdrawn.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3708

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2002-08788

v Lembernski Payne, appellant.

(Ind. No. 11098/01)

The People , etc., respondent, DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered September 12, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 R 4879

Cayuga Corr. Fac.

Box 1186

Moravia, N.Y. 13118


Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3932

A/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-05988

The People, etc., respondent,

v Barry Porter, appellant.

(Ind. No. 3758/01)

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, Queens County, rendered May 28, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED that on the court's own motion, the defendant is ordered to show cause before this court, on November 28, 2003, why an order should not be entered dismissing the appeal on the ground that the notice of appeal was not timely filed and the appellant has not moved for leave to extend his time to take an appeal (see CPL 460.10, 460.30); and it is further,

ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the defendant, his attorney, and the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,

ORDERED that the motion is held in abeyance in the interim.

S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03-R-3162

Cape Vincent Correctional Facility

Route 12E, Box 739

Cape Vincent NY 13618



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3953

C/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

HOWARD MILLER, JJ.

2001-04815

The People, etc., respondent,

v Christopher Porter, appellant.

(Ind. No. 3319/99)

DECISION & ORDER ON MOTION
Motion for an Enlargement of Time
to File a Supplemental Brief

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 16, 2001.

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

ORDERED that the motion is granted, and the appellant's supplemental pro se brief which was submitted to the Clerk of this court is accepted for filing.

RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3982

M/mv

GLORIA GOLDSTEIN, J.

2003-09469

The People, etc., plaintiff,

v Joseph Romeo, defendant.

(Ind. No. 105-03)

DECISION & ORDER ON MOTION

Motion by the defendant pursuant to CPL 530.45 to release the defendant on his own recognizance, or, in the alternative, to fix bail after his conviction in the County Court, Rockland County, upon a jury verdict, on October 28, 2003, of criminal possession of a weapon in the third degree and unlawful possession of marijuana. The trial court remanded the defendant pending the imposition of sentence.

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

ORDERED that the motion is granted, the defendant's bail is set by the giving of an insurance company bail bond in the amount of $37, 500 or by depositing the same sum as a cash bail alternative; and it is further,

ORDERED that if within 30 days after the imposition of sentence the defendant has not taken an appeal to this court from the judgment of conviction or sentence, the operation of this order shall terminate and the defendant shall surrender himself to the County Court, Rockland County, so that execution of the judgment may commence; and it is further,

ORDERED that unless the appeal shall have been brought to argument or submitted to this court within 120 days after the filing of the notice of appeal, or this court shall have extended the operation of this order, this order shall terminate and the defendant shall surrender himself to the County Court, Rockland County, so that execution of the judgment may commence; and it is further,

ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the defendant to the sentencing court to begin the execution of sentence.

GLORIA GOLDSTEIN

Associate Justice



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3541

F/

SONDRA MILLER, J.

2003-00129

The People, etc., plaintiff,

v Juan Roque, defendant.

(Ind. No. 8178/96)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated July 3, 2003, 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.

SONDRA MILLER

Associate Justice



Go to Top.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3814

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2002-07302

The People, etc., respondent,

v Jeffrey Stover, appellant.

(Ind. No. 00-01632)

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 July 16, 2002, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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 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:

Marshall Goldstein, Esq.

399 Knollwood Rd. - 5th Floor

White Plains, New York 10603

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., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

02 A 4188

Shawangunk Corr. Fac.

Box 700

Wallkill, New York 12589


Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3869

F/

GLORIA GOLDSTEIN, J

2003-07226

The People, etc., plaintiff,

v Carlos Torres, defendant.

(Ind. No. 93-00798)

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, Westchester County, dated July 8, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

GLORIA GOLDSTEIN

Associate Justice



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3809

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-04404

The People, etc., respondent,

v Michael Turnbull, appellant.

(Ind. No. 12/02)

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, Putnam County, rendered April 1, 2003, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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 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:

Susan Caplin, Esq.

344 Main Street

Mt. Kisco, New York 10549

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., RITTER, SANTUCCI, ALTMAN, and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 1761

Sing Sing Corr. Fac.

354 Hunter St.

Ossining, N. Y. 10562


Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3810

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2001-11046

The People, etc., respondent,

v Antonio Wilson, appellant.

(Ind. No. 1014-01)

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 17, 2001, 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 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 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 Co., - 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., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

02 A 0001

Five Points Corr. Fac.

Caller Box 119-State Rte. 96

Romulus, N.Y. 14541