10-31-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR OCTOBER 31, 2005

TITLE	Case Number
Arroyo v J.C. Penny Corporation, Inc.	2005-09144
Balladares v Southgate Owners Corp.	2005-08124
Bank One National Association v Osorio	2005-00409
Barson v Barson	2004-11103
CSEA Employee Benefit Fund v Warwick Valley Centra	2005-04369
Cardenas v Peteani	2005-02731
Carrero v Dime Contractors	2005-04317
Casey v Casey	2005-08556
Glantzis v Padilla	2005-02823
Haberman v City of Long Beach	2004-05668 +2
Hermitage Insurance Company v Northridge Developmen	2005-09705
Laduca v Levidow, Levidow & Oberman	2005-04771
Lafayette v Our Savior Lutheran Church	2005-02511
Lavaud, a/a/o Nixon v Country Wide Insurance Company	2005-01253
Majors v Vanderveer Estates Holding, LLC	2005-02153
Marculescu v Ovanez	2005-03459+1
Mendes v York Scaffold Equipment Corp.	2005-04794 +1
Montalvo v Air Dock Systems	2005-01933 +1
Nimirovski v Vornado Realty Trust Co.	2004-11176
Panke v Flinn	2005-02218
Pfeiffer v Jacobowitz	2005-01222 +1
Pimentel v Mesa	2005-08097
Rand v Rand	2004-10062
Renay Enterprises, Inc. v Kirsh	2005-03854
Saracoglu, d/b/a R.C. Trucking Co. v Eveready Insurance	2005-07270
Saunds v Estate of Johnson	2004-08820 +1
St. Claire v Empire General Contracting & Painting Corp.	2005-01420
Stockley v Gorelik	2004-09796
Thompson v St. Christopher-Ottilie	2005-01019
Wexler v Wexler	2004-02463
Mtr of D. (Anonymous), Rodney; Corporation Counsel	2005-07175
Mtr of F. (Anonymous), Kweise, a/k/a F. (Anonymous)	2005-07923
Mtr of Falas v New York State Department of Correc	2005-06915
Mtr of Falk v Owen	2004-08924
Mtr of Gonzalez v Bogle	2005-09478
Mtr of Jones v Jones	2005-04405
Mtr of L. (Anonymous), Chanel Monique; Suffolk Cou	2005-04810 +1
Mtr of Lutz v Goldstone	2005-02024 +2
Mtr of Martinez v Goord	2005-06894
Mtr of Oprescu v Radu	2005-06818
Mtr of P. (Anonymous), Kaylee; Orange County Depar	2005-08542
Mtr of Ponti v Ponti	2005-09398 +2
Mtr of Rivera v Goord	2005-01487
Mtr of Ross v Ross	2005-09679
Mtr of S. (Anonymous), Christopher; Nassau County	2005-09588
Mtr of Villanueva v Dillon	2005-06890
Peo v Adames, Jamie	2005-05976
Peo v Blackford, Dane	2005-09168
Peo v Briggs, Quentin	2005-05990
Peo v Brown, Troy	2003-06462
Peo v DiFiore, Salvatore	2000-05779
Peo v Diggs, Ronald	2004-08318 +1
Peo v Garcia, Anthony	2003-10827
Peo v Garner, Blair	2003-00547
Peo v Georgiou, Christos	2003-03020
Peo v Johnson, Stephen	2004-09249
Peo v Lopez, Dimas	2004-00264
Peo v Napolitano, John	2002-05493
Peo v Nash, Edward J.	2005-09050
Peo v Norman, Joseph	2005-01461
Peo v Odubogun, Temitope	2005-06157
Peo v Olivares, Gabriel	2004-06008
Peo v Patterson, Kevin	2005-03379
Peo v Stewart, William	2005-08628
Peo v Truesdale, Malik	2005-06387
Peo v Tutt, Tarik	2004-10385
Peo v Waymon, Aaron	2005-01829
Peo v Williams, Demetrius	2005-05316

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31837

R/sl

ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-09144
Carmen Arroyo, respondent,
v J.C. Penney Corporation, Inc., appellant.

(Index No. 16197/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated August 15, 2005.

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

ORDERED that the motion is denied.

SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M31800

O/sl

ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-08124
Luis Balladares, plaintiff-respondent, v
Southgate Owners Corp., et al., defendants
second third-party plaintiffs respondents-appellants;
Wayne Bellett Construction Co., defendant
third-party plaintiff appellant-respondent; Super Touch
Restoration Corp., third-party defendant-respondent;
Admiral Insurance Company, second third-party
defendant-respondent.
(Index Nos. 33364/02, 35049/03)

DECISION & ORDER ON MOTION

Motion by the appellants Southgate Owners Corp. and Amland Management Corp. to stay the trial in the above entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated July 7, 2005.

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

ORDERED that the motion is granted and the trial in the above entitled-action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 30, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 30, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M31752

C/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-00409
Bank One National Association, etc., respondent,
v Michelle Napier Osorio, etc., et al., appellant,
et al., defendants.
(Index No. 7780/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated October 19, 2004, to dismiss the appeal on the ground that the appellant omitted relevant exhibits from the record, or, to enlarge the record on appeal, and to enlarge the time to serve and file a brief.

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 enlarge the record on appeal is granted; on or before November 29, 2005, the respondent shall serve and file a supplemental record containing the material appended as Exhibits B and C to the respondent's motion papers; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; the respondent shall serve and file its brief on or before November 29, 2005; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M31802

T/sl

2004-11103

Deborah Barson, respondent,
v Alan Barson, appellant.
(Index No. 3991/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated September 1, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 7, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M31791

D/sl

2005-04369

CSEA Employee Benefit Fund, respondent-
appellant, v Warwick Valley Central School
District, appellant-respondent.
(Index No. 6741/04)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Orange County, dated March 24, 2005.

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until November 21, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M31797

T/sl

2005-02731

Arturo Cardenas, et al., appellants-respondents,
v Fred Peteani, respondent-appellant.
(Index No. 11668/03)

ORDER ON APPLICATION

Application by the appellants-respondents 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 January 26, 2005.

ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until November 21, 2005, and the joint record or appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31779

E/sl

ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-04317
Antonio Carrero, respondent,
v Dime Contractors, et al., appellants.
(Index No. 48509/02)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated March 30, 2005, to stay all proceedings relating to discovery in the above-entitled action pending hearing and determination of the appeal and to enlarge the time to perfect 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 it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until December 2, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED all proceedings relating to discovery in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 2, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 2, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M31829

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2005-08556
Margaret Casey, respondent,
v John Patrick Casey, appellant.
(Index No. 202056/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a decision and order (one paper) of the Supreme Court, Nassau County, dated August 16, 2005.

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

ORDERED that on the court's own motion, the appeal from so much of the decision and order as constituted a decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M31786

D/sl

2005-02823
Anastasios Glantzis, appellant,
v Felix Padilla, Jr., et al., respondents.
(Index No. 36392/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated December 7, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 9, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31788

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2004-05668, 2005-02529, 2005-07714
Sinclair Haberman, respondent, v
City of Long Beach, et al., appellants.

(Index No. 2715/00)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from three orders of the Supreme Court, Nassau County, dated April 1, 2004 (Appellate Division Docket No. 2004-05668), January 20, 2005 (Appellate Division Docket No. 2005-02529), and June 27, 2005 (Appellate Division Docket No. 2005-07714), respectively, for a declaration that there is an automatic stay of enforcement of the order dated June 27, 2005 pursuant to CPLR 5519(a)(1), or, to stay enforcement of that order pursuant to CPLR 5519(c) and to calendar the appeals on the same day.

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 stay enforcement of the order dated June 27, 2005, pursuant to CPLR 5519(c) is denied; and it is further,

ORDERED that the branch of the motion which is to calendar the appeals together is granted to the extent that the appeals from the orders dated April 1, 2004, and January 20, 2005, shall be calendared together and argued or submitted on the same day and that branch of the motion is otherwise denied; 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31836

R/sl

ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-09705
Hermitage Insurance Company, respondent,
v Northridge Development Corp., appellant,
et al., defendant.

(Index No. 2281/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, dated October 6, 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.

SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M31821

T/sl

2005-04771

Lucio Laduca, respondent, v Levidow,
Levidow & Oberman, etc., et al., appellants
(and third-party actions).
(Index No. 42874/01)

ORDER ON APPLICATION

Joint application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file reply briefs on appeals from an order of the Supreme Court, Kings County, dated May 3, 2005.

ORDERED that the application is granted and the reply briefs shall be served and filed on or before November 25, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31705

Y/sl

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-02511
Shechem Lafayette, etc., et al., respondents,
v Our Savior Lutheran Church, et al., appellants.
(Index No. 325/04)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to serve and file a supplemental record on an appeal from an order of the Supreme Court, Suffolk County, dated March 3, 2005. Cross motion by the respondents, inter alia, to strike the appellants' brief on the ground that it refers to the proposed supplemental record and to enlarge the time to serve and file a brief.

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

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

ORDERED that the cross motion is granted to the extent that the appellants' brief is stricken; on or before November 21, 2005, the appellants' shall serve and file a replacement brief that does not refer to material in the proposed supplemental record; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until December 21, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31794

D/sl

2005-01253

Keitly Lavaud, a/a/o Don N. Nixon, a/k/a
Donnon N. Nixon, appellant, v Country
Wide Insurance Company, respondent.

(Index No. 25595/03)

ORDER ON APPLICATION

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 14, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31812

O/sl

ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-02153
Albert Majors, respondent, v Vanderveer
Estates Holding, LLC, et al., appellants
(and a third-party action).
(Index No. 7999/03)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from order of the Supreme Court, Kings County, dated January 19, 2005.

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

ORDERED that the motion is denied.

SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31809

T/sl

2005-03459, 2005-03460
Ovidiu Marculescu, plaintiff-respondent,
v Alexander Ovanez, appellant, Jenny James,
defendant-respondent, et al., defendant.
(Index No. 17369/03)

ORDER ON APPLICATION

Application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Queens County, dated September 16, 2004, and December 9, 2004, respectively.

ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until November 14, 2005, and the plaintiff-respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31657

S/sl

2005-04794, 2005-06674

Joseph Mendes, plaintiff, v York Scaffold
Equipment Corp., et al., defendants, Alexander's
Inc., defendant third-party plaintiff-respondent;
HRH Construction Corp., third-party defendant-
respondent, Prince Carpentry, Inc., third-party
defendant-appellant.
(Index No. 26646/97)

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, Queens County, dated February 24, 2005, and May 25, 2005, respectively.

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated February 24, 2005, is granted and the appellant's time to perfect that appeal is enlarged until January 5, 2006, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated May 25, 2005, is denied as unnecessary as the time to perfect that appeal does not expire until January 5, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31780

D/sl

2005-01933, 2005-04878

Nelson Montalvo, appellant,
v Air Dock Systems, et al., respondents.
(Index No. 21107/02)

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, Kings County, dated December 17, 2004, and April 15, 2005, respectively.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until November 21, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31811

T/sl

2004-11176

Moshe Nimirovski, et al., respondents, v
Vornado Realty Trust Co., et al., defendants,
Kings Plaza Shopping Center of Avenue U, et al.,
defendants second and fifth third-party plaintiffs-
appellants; Capone & Denilo, Inc., first, second,
and third third-party defendant-appellant; BNJ
Construction Corp., fifth and sixth third-party
defendant-appellant; BNF Contractors, Inc.,
seventh and eighth third-party defendant-appellant
(and other third-party actions).
(Index No. 19321/99)

ORDER ON APPLICATION

Application by the first, second, and third third-party defendant-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the appellants' time to serve and file reply briefs on appeals from an order of the Supreme Court, Kings County, dated October 29, 2004.

ORDERED that the application is granted and the reply briefs shall be served and filed on or before November 16, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31825

T/sl

2005-02218

Marilyn Panke, respondent,
v Robert H. Flinn, appellant.
(Index No. 1083/04)

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, Westchester County, entered January 31, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 25, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31832

E/sl

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-01222, 2005-04592

Samuel Pfeiffer, appellant,
v David Jacobowitz, et al., respondents.

(Index No. 9726/04)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from two orders of the Supreme Court, Nassau County, dated December 13, 2004, and April 12, 2005, respectively, inter alia, to direct the appellant to serve and file a supplemental record on appeal containing the respondents' memorandum of law and reply memorandum of law recited in the order dated December 13, 2004.

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 direct the appellant to serve and file a supplemental record is granted, and on or before November 16, 2005, the appellant shall serve and file a supplemental record containing the respondents' memorandum of law and reply memorandum of law recited in the order dated December 13, 2004; and it is further,

ORDERED that the motion is otherwise denied.

ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31803

T/sl

2005-08097
Jose Pimentel, et al., respondents,
v Tatiana Mesa, appellant.
(Index No. 43950/03)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated July 29, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 28, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31790

D/sl

2004-10062

Frank Rand, respondent,
v Carmela Rand, appellant.

(Index No. 26647/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Queens County, dated September 8, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 3, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31760

T/sl

2005-03854

Renay Enterprises, Inc., respondent,
v Regina Kirsh, appellant.
(Index No. 24155/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered March 4, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 14, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31746

C/sl

ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-07270
Ridvan Saracoglu, d/b/a R.C. Trucking. Co.,
plaintiff-respondent, v Eveready Insurance
Company, defendant third-party plaintiff-
appellant; Government Employees Insurance
Company, third-party defendant-respondent.
(Index No. 11770/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered July 12, 2005.

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 trial in the above-entitled action is stayed pending hearing and determination of the appeal.

SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31771

C/sl

ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-08820, 2005-04051
Sylvester Saunds, appellant, v Estate of
Ernest Johnson, et al., respondents.
(Index No. 535/03)

DECISION & ORDER ON MOTION

Motion by the respondent My Three Sons, Inc., in effect, to vacate so much of a decision and order on motion of this court dated June 29, 2005, as granted a stay of all proceedings, including any holdover proceedings, to evict the appellant from certain premises located at 368 Siegel Street, Westbury, NY, on the ground that the appellant failed to comply with the conditions set forth in the decision and order on motion of this court dated June 29, 2005.

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

ORDERED that the motion is granted, and so much of the decision and order on motion of this court dated June 29, 2005, as granted a stay of all proceedings, including any holdover proceedings, to evict the appellant from the subject premises is vacated.

SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31842

R/nal

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-01420

Deanna E. St. Claire, appellant,
v Empire General Contracting and Painting Corp.,
et al., respondents.
(Index No. 35261/02)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent Empire General Contracting and Painting Corp., to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 16, 2004, on the ground that the record on appeal on file with the court is incomplete, and to enlarge the time to serve and file a brief.

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 dismiss the appeal is granted to the extent that on or before November 14, 2005, the appellant shall either add to the record on appeal on file with this court the last page of the affirmation of John Connelly, dated February 4, 2004, or serve and file a supplemental record containing that page and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the time of the respondent Empire General Contracting and Painting Corp., to serve and file a brief is enlarged until December 5, 2005, and the brief of the respondent Empire General Contracting and Painting Corp., shall be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31785

S/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2004-09796

Richard Stockley, etc. et al., appellants,
v Igor Gorelik, et al., respondents.
(Index No. 18174/04)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 7, 2004, on the ground that the action was "marked off" by the Supreme Court, Kings County, on March 21, 2005.

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

ORDERED that the motion is denied.

RITTER, J.P., GOLDSTEIN, LUCIANO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31789

D/sl

2005-01019
Jyranda Thompson, appellant,
Rosemarie Thompson, plaintiff,
v St. Christopher-Ottilie, respondent,
Gwethadonna Flitts, defendant.
(Index No. 44065/00)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an amended judgment of the Supreme Court, Kings County, entered January 14, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 21, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31731

R/nal

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2004-02463

Howard L. Wexler, respondent-appellant,
v Barbara E. Wexler, appellant-respondent.
(Index No. 505/01)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal from a judgment of the Supreme Court, Kings County, dated February 11, 2004, inter alia, to deem the record on appeal filed with this court to be an appendix, or to direct the respondent-appellant to provide her attorney with the exhibits missing from the record on file with this court. Cross motion by the respondent-appellant, among other things, to strike the record on appeal and the brief of the appellant-respondent on the ground that the record is incomplete and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to direct the respondent-appellant to provide the attorney for the appellant-respondent with copies of the respondent-appellant's trial exhibits missing from the record is granted and on or before November 28, 2005, the respondent-appellant shall provide the attorney for the appellant-respondent with the copies of the respondent-appellant's trial exhibits missing from the record; and it is further,

ORDERED that on or before December 28, 2005, the appellant-respondent shall serve and file a supplemental record containing said exhibits; and it is further,

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

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief is granted and the respondent-appellant's time to serve and file a brief is enlarged until thirty days after service upon him of the supplemental record, and the respondent-appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31592

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-07175
In the Matter of Rodney D. (Anonymous),
respondent; Presentment Agency, appellant.
(Docket No. D-1642-05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated October 24, 2005, is recalled and vacated and the following decision and order on motion is substituted therefore:

Motion by the respondent for leave to defend an appeal from an order of the Family Court, Kings County, dated June 23, 2005, as a poor person and for the assignment of counsel.

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

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

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

Carol Kahn, Esq.

225 Broadway - Suite 1510

New York, New York 10007

(212) 227-0206

and it is further,

ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31827

O/sl

ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-07923
In the Matter of Kwieise F. (Anonymous), a/k/a
Kiueisi F. (Anonymous).
Administration for Children's Services, et al.,
respondents; Gregory J. (Anonymous), appellant.
(Docket No. B-15397-03)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated July 22, 2005, and to grant the appellant leave to prosecute the appeal as a poor person.

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

ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before November 14, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that on or before November 28, 2005, the appellant shall notify this court of the name of his retained counsel or move for poor person relief.

SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31586

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2005-06915

In the Matter of Gerardo Falas, appellant,
v New York State Department of Correctional
Services, respondent.

(Index No. 5814/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated June 13, 2004, as a poor person, for the assignment of counsel, and to waive the filing fee.

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

ORDERED that the branch of the motion which is to dispense with printing is granted; the appeal will 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 the branches of the motion which are for the assignment of counsel and waiver of the filing fee are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31856

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2004-08924

In the Matter of Alicia Beth Falk, respondent,
v Mark Charles Owen, appellant.
(Docket No. F-13086-03)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated 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 opposition thereto, it is

ORDERED that the motion is denied, with leave to renew on or before November 23, 2005, upon proper papers, including the respondent's affidavit setting forth the respondent's full financial situation including all assets, both real and personal, as well as any and all sources of income of all the members of her household and expenses for the household.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31758

S/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-09478
In the Matter of Judith M. Ianuzzi Gonzalez,
appellant, v Hugh B. Bogle, respondent.
(Docket No. V-9723-05, V-9724-05)

DECISION & ORDER ON MOTION

Appeal by Judith M. Ianuzzi Gonzalez from an order of the Family Court, Nassau County, dated September 13, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable (see Family Ct Act § 1112; CPLR 5704).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31765

Y/sl

ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-04405
In the Matter of Jeanette Jones, respondent,
v Stephan Jones, appellant.
(Docket No. F-10293-04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated March 29, 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 opposition thereto, it is

ORDERED that the branch of the motion which is for a free transcript, waiver of the filing fee, and for the assignment of counsel is denied; and it is further,

ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).

SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31850

E/sl

ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-04810

In the Matter of Chanel Monique L. (Anonymous).
Suffolk County Department of Social Services,
respondent; Eric P. (Anonymous), et al., appellants.
(Docket No. N-14869/04)
2005-06288
In the Matter of Jasmine J. (Anonymous).
Suffolk County Department of Social Services,
respondent; Kathleen J. (Anonymous),
et al., appellants.
(Proceeding No. 1)
In the Matter of Tianna J. (Anonymous).
Suffolk County Department of Social Services,
respondent; Kathleen J. (Anonymous),
et al., appellants.
(Proceeding No. 2)
In the Matter of Tajahe J. (Anonymous).
Suffolk County Department of Social Services,
respondent; Kathleen J. (Anonymous),
et al., appellants.
(Proceeding No. 3)
(Docket Nos. N-2000-04, N-2001-04, N-2002-04,
N-2151-04, N-2152-04, N-2153-04)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by counsel assigned to represent the appellant Kathleen J. in a proceeding before the Family Court, Suffolk County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Suffolk County, entered April 28, 2005, and April 29, 2005, respectively, and to grant the appellant leave to prosecute the appeal as a poor person.

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

ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant Kathleen J. on the appeals; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant Kathleen J. on or before November 16, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant Kathleen J. on the appeals and leave to prosecute the appeals as a poor person are denied with leave to the appellant Kathleen J. to renew, on or before November 30, 2005, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant Kathleen J. is interested in pursuing the appeals.

SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31818

O/sl

ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-02024, 2005-05752, 2005-02939
In the Matter of Victoria Lutz, respondent,
v Bruce Goldstone, appellant.
(Docket No. F-00115-00)

DECISION & ORDER ON MOTION

Motion by the nonparty respondent pro se to dismiss appeals from three orders of the Family Court, Westchester County, dated January 6, 2005, February 23, 2005, and May 13, 2005, respectively, on the ground, inter alia, that he was not properly named in the notice of 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.

SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31589

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2005-06894

In the Matter of Roberto Martinez,
appellant, v Glenn Goord, etc., et al., respondents.

(Index No. 05-00135)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated June 13, 2005, as a poor person, for the assignment of counsel, and to waive the filing fee.

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 branches of the motion which are for the assignment of counsel and waiver of the filing fee are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31824

C/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-06818

In the Matter of Marin Oprescu, respondent,
v Nina Radu, appellant.
(Docket No. F-11667-03)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved
of Assignment - Family Court

Motion by the appellant pro se for poor person relief and the assignment of counsel on an appeal from an order of the Family Court, Queens County, dated June 17, 2005.

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 seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before November 21, 2005, upon the submission of proper papers establishing that she is entitled to poor person relief, including an explanation of her assets.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31838

R/nal

ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-08542

In the Matter of Kaylee P. (Anonymous).
Orange County Department of Social Services,
respondent; Joseph P. (Anonymous), appellant.
(Docket No. B-319-05)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved
of Assignment - Family Court

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Orange County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Orange County, dated August 23, 2005, and to grant the appellant leave to prosecute the appeal as a poor person.

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

ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order on motion upon the appellant on or before November 14, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before November 28, 2005, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31609

C/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-09398, 2005-09399, 2005-09400
In the Matter of Claudia Ponti, petitioner,
v Michael Ponti, respondent.
(Docket No. V-12686-03)

DECISION & ORDER ON MOTION

Motion by Michael Ponti for leave to appeal to this court from three orders of the Family Court, Queens County, all dated October 4, 2005, and, in effect, to stay enforcement of the order which directed that he restore the custody of the subject child to Claudia Ponti, pending hearing and determination of the appeals.

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

ORDERED that the branch of the motion which is for leave to appeal to this court is granted; and it is further,

ORDERED that the branch of the motion which is, in effect, to stay enforcement of the order which directed Michael Ponti to restore the custody of the subject child to Claudia Ponti is granted, and enforcement of that order is stayed, pending hearing and determination of the appeals, on condition that the appeals are perfected on or before December 16, 2005; and it is further,

ORDERED that in the event the appeals are not perfected on or before December 16, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31830

T/sl

2005-01487

In the Matter of Jose Rivera, appellant,
v Glenn S. Goord, etc., et al., respondents.
(Index No. 5167/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Dutchess County, dated January 20, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31757

S/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-09679
In the Matter of Kevin J. Ross, appellant,
v Kristi S. Ross, respondent.
(Docket Nos. V-930-05, V-931-05)

DECISION & ORDER ON MOTION

Appeal by Kevin J. Ross from an order of the Family Court, Orange County, dated September 8, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see Family Ct Act § 1112), and we decline to grant leave to appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31755

S/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-09588
In the Matter of Christopher S. (Anonymous),
appellant.
(Docket No. D-10017-04)

DECISION & ORDER ON MOTION

Appeal by Christopher S. from a fact-finding order of the Family Court, Nassau County, dated August 25, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see Family Ct Act § 1112), and we decline to grant leave to appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31590

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2005-06890

In the Matter of Peter J. Villanueva,
appellant, v Denis Dillon, etc., respondent.

(Index No. 16507/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Nassau County, dated May 9, 2005, as a poor person, for the assignment of counsel, and to waive the filing fee.

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 branches of the motion which are for the assignment of counsel and waiver of the filing fee are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31679

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05976

The People, etc., respondent,
v Jamie Adames, appellant.
(Ind. No. 7533/02)

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 Supreme Court, Kings County, rendered June 1, 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:

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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 3182

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M31740

GLORIA GOLDSTEIN, J.

2005-09168

The People, etc., plaintiff,
v Dane Blackford, defendant.
(Ind. No. 5447/95)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 18, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

GLORIA GOLDSTEIN

Associate Justice

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31685

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05990

The People, etc., respondent,
v Quentin Briggs, appellant.
(Ind. No. 5482/03)

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 Supreme Court, Kings County, rendered June 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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 3295

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31737

R/nal

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2003-06462
The People, etc., respondent, DECISION & ORDER
v Troy Brown, appellant.
(Ind. No. 713/01)

ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered June 16, 2003, to be furnished with certain trial exhibits.

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

ORDERED that the motion is granted to the extent that on or before November 25, 2005, the People shall provide to the appellant black and white copies of People's Trial Exhibit 16 and Defendant's Trial Exhibits H and I, and the motion is otherwise denied; and it is further,

ORDERED that on the court's own motion, the appellant's time to serve and file a supplemental pro se brief is enlarged until February 1, 2006, and the appellant's supplemental pro se brief shall be served and filed on or before that date; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31674

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2000-05779

The People, etc., respondent,
v Salvatore DiFiore, appellant.
(Ind. No. 3284/98)

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 17, 2000, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

00 A 4259

Collins Corr. Fac.

Box 340

Collins, New York 14034

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31569

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2004-08318, 2004-08320
The People, etc., respondent,
v Ronald Diggs, appellant.
(Ind. Nos. 2436-02, 2364-03)

DECISION & ORDER ON MOTION
Motion Pro se to Relieve
Counsel of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute appeals from two judgments of the County Court, Suffolk County, both rendered August 26, 2004, and for assignment of new 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31792

A/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2003-10827
The People, etc., respondent,
v Anthony Garcia, appellant.
(Ind. No. 3212/00)

DECISION & ORDER ON MOTION

Motion by Louis R. Rosenthal, the attorney for the appellant, for leave to withdraw as counsel on an appeal from a judgment of the Supreme Court, Queens County, rendered December 3, 2003.

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 Louis R. Rosenthal is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before November 15, 2005, Louis R. Rosenthal is directed to serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,

ORDERED that no further proceedings shall be taken against the appellant, without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order; and it is further, ORDERED that on or before December 20, 2005, the appellant shall either (1) retain new counsel and notify this court and the attorney for the respondent of the name and address of his new attorney on the appeal, (2) move for leave to prosecute the appeal as a poor person and for the assignment of counsel, or (3) advise the court that he intends to proceed pro se and perfect the appeal; in the event the appellant does not take any of the above actions by December 20, 2005, an order to show cause will be issued directing the appellant to show why an order should not be made and entered dismissing the appeal as abandoned.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31793

D/sl

2003-00547
The People, etc., respondent,
v Blair Garner, appellant.
(Ind. No. 1049/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Suffolk County, rendered November 21, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 28, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31723

T/nal

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2003-03020
The People, etc., respondent,
v Christos Georgiou, appellant.
(Ind. No. 661/01)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to substitute retained counsel for assigned counsel on an appeal from a judgment of the Supreme Court, Queens County, rendered March 11, 2003, and to continue his status as a poor person. The appellant's motion to dispense with printing and for assignment of counsel was granted on September 8, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 said assigned counsel is directed to turn over all papers in the action to retained counsel:

David B. Epstein

410 Myrtle Avenue

Brooklyn, NY 11205

and it is further,

ORDERED that the appellant's poor person status is continued; and it is further,

ORDERED that on or before November 20, 2005, retained counsel shall file with this court an affirmation or affidavit stating that he has reviewed the brief previously filed by assigned counsel and adopts it as the appellant's brief.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31591

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-09249

The People, etc., respondent,
v Stephen Johnson, appellant.
(Ind. No. 04-00228)

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 December 2, 2004, 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 Supreme Court, Westchester County, rendered September 22, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

Evelyn K. Isaac, Esq.

175 Main Street

White Plains, New York 10601

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 5273

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31799

A/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2004-00264
The People, etc., respondent,
v Dimas Lopez, appellant.
(Ind. No. 02-00745)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the Supreme Court, Westchester County, rendered December 15, 2003. By order to show cause dated July 28, 2005, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant is no longer available to obey the mandate of this court. Motion by the respondent to dismiss the appeal on the ground that the appellant is no longer available to obey the mandate of this court.

Upon the papers filed in response to the order to show cause and the papers filed in support of the motion, it is

ORDERED that the order to show cause is granted, and the appeal is dismissed on the ground that the appellant is no longer available to obey the mandate of the court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578); and it is further,

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31841

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2002-05493
The People, etc., respondent,
v John Napolitano, appellant.
(Ind. No. 01-00585)

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, Orange County, rendered November 30, 2001. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on June 13, 2003, and May 4, 2004, respectively, and the following named attorney was assigned as counsel to prosecute the appeal:

Brian MacNamara, Esq.

70 Four Corners Road

Warwick, New York 10990

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:

John Savoca, Esq.

One Barker Street - Suite 135

White Plains, New York 10601

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,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

01 R 5687

Hudson Corr. Fac.

Box 567

Hudson, New York 12534

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31690

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-09050

The People, etc., respondent,
v Edward J. Nash, appellant.
(Ind. No. 05-00154)

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, Orange County, rendered August 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Michele Marte-Indzonka, Esq.

46 So. Plank Road

Newburgh, New York 12550

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 4315

Downstate Corr. Fac.

Box F - Red Schoolhouse Road

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31683

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-01461

The People, etc., respondent,
v Joseph Norman, appellant.
(Ind. No. 2933/04)

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 Supreme Court, Kings County, rendered January 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 the motion is granted; and it is further,

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

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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 0648

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31682

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06157

The People, etc., respondent,
v Temitope Odubogun, appellant.
(Ind. No. 8991/03)

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 Supreme Court, Kings County, rendered June 14, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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 3514

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31687

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2004-06008

The People, etc., respondent,
v Gabriel Olivares, appellant.
(Ind. No. 03-00688)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered June 8, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Arza R. Feldman, Esq.

626 EAB Plaza

West Tower - Sixth Floor

Uniondale, New York 11556

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 3243

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31675

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-03379

The People, etc., respondent,
v Kevin Patterson, appellant.
(Ind. No. 235/03)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Richmond County, rendered March 21, 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 opposition thereto, it is

ORDERED the motion is granted; and it is further,

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

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 1688

Downstate Corr. Fac.

Box F - Red Schoolhouse Road

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31688

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-08628

The People, etc., respondent,
v William Stewart, appellant.
(Ind. No. 05-00516)

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, Orange County, rendered August 31, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, New York 10128

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 3790

Ulster Corr. Fac.

Box 800

Napanoch, New York 12458

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31681

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06387

The People, etc., respondent,
v Malik Truesdale, appellant.
(Ind. No. 1924/04)

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 Supreme Court, Queens County, rendered June 29, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31570

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2004-10385

The People, etc., respondent,
v Tarik Tutt, appellant.
(Ind. No. 2481-03)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered April 1, 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 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 2127

Washington Corr. Fac.

Box 180

Comstock, New York 12821

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31678

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-01829

The People, etc., respondent,
v Aaron Waymon, appellant.
(Ind. No. 1699/00)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, entered January 25, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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:

99 A 1912

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

M31684

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05316

The People, etc., respondent,
v Demetrius Williams, appellant.
(Ind. No. 7262/03)

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 Supreme Court, Kings County, rendered May 31, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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 3131

Downstate Corr. Fac.

Box F

Fishkill, New York 12524