APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4055
A/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-08932
Akber Aziz, appellant, v Gulzar Aziz, respondent.
(Index No. 202755/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated September 26, 2003, and to enjoin the respondent from relocating with the parties' child to the State of Texas, pending hearing and determination of an appeal from the order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, enforcement of the order dated September 26, 2003, is stayed and the respondent is enjoined from relocating with the parties' child to the State of Texas pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 25, 2003; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 25, 2003, 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 respondent shall serve and file her brief on the appeal on or before December 9, 2003; and it is further,
ORDERED that the Law Guardian for the child shall serve and file his brief on the appeal on or before December 23, 2003; and it is further,
ORDERED that the appellant shall serve and file his reply brief, if he shall be so advised, on or before December 30, 2003.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3987
CF/
|
2003-04860
Denis Doherty, respondent-appellant, v Siobhan O'Brien, et al., defendants, City of Yonkers, appellant-respondent. (Index No. 8590/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal and cross appeal from a judgment of the Supreme Court, Westchester County, entered April 29, 2003.
Upon the stipulation of the parties, dated September 29, 2003, it is
ORDERED that the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4046
S/sl
|
2003-03075
Stephen Evers, appellant, v Richard Carroll, Jr., et al., respondents. (Index No. 3304/98)
| 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, Orange County, entered March 20, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 26, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3993
CF/
|
2003-07313 Maria Englert Harris, appellant, v Uliano Construction Corporation, et al., respondents. (Index No. 702/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 23, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3990
CF/
|
2003-03054 Charles LaRocca, respondent, v Town of North Salem, et al., appellants. (Index No. 17043/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Westchester County, dated February 28, 2003.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the applications are granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3991
CF/
|
2003-04871 Alexander David Licitra, et al., respondents, v Gymboree Play Programs, appellant. (Index No. 14554/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 11, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4051
S/sl
|
2003-02173
Gerald Monter, et al., respondents, v Massachusetts Mutual Life Insurance Company, appellant, et al., defendants. (Index No. 12387/01)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated February 7, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 4, 2003, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4072
S/sl
|
2003-05115
Naber Electric Corporation, respondent, v Board of Education of City of Yonkers, defendant third-party plaintiff-appellant; Einhorn Yaffee Prescott Architects, third-party defendant-appellant, et al., third-party defendants. (Appeal No. 1) (Index No. 1614/01) 2003-05117 Richards Conditioning Corporation, respondent, v Board of Education of City of Yonkers, defendant third-party plaintiff-appellant; Einhorn Yaffee Prescott Architects, third-party defendants-appellants, et al., third-party defendants. Appeal No. 2) (Index No. 2731/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Westchester County, both dated May 20, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until June 4, 2004, and the records or appendices on the appeals and the appellants' respective briefs on both appeals must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4068
M/mv
|
2003-00055
Old Clinton Corp., respondent, YG Equities, LLC respondent-appellant, v 502 Old Country Road, LLC, et al., appellants-respondents. (Index No. 001797/02)
| ORDER ON APPLICATION |
Application by the respondent-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, Nassau County, dated December 11, 2002.
ORDERED that the application is granted and the reply brief submitted to the Clerk of this court on November 3, 2003, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3994
CF/
|
2003-08187 Maria Perez, respondent, v John E. Morrow, et al., appellants. (Index No. 39707/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Kings County, entered September 16, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4069
E/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
NANCY E. SMITH
HOWARD MILLER, JJ.
|
2003-05063
Red Hook Marble, Inc., respondent, v Herskowitz & Rosenberg, appellant.
(Index No. 50559/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated May 16, 2003, 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.
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3997
CF/
|
2003-06714 Reina Romero, plaintiff, Maureen Chilonu, plaintiff-respondent, v Metropolitan Suburban Bus Authority, et al., defendants-appellants. (Index No. 1058/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 30, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4065
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCE E. SMITH, JJ.
|
2003-04000 Rosemary Sawyer, plaintiff-respondent, v Massada Realty, Inc., et al., defendants- respondents, Celerena Lockhard, appellant, et al., defendant.
(Index No. 15552/99)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 11, 2003.
Upon the stipulation of the attorneys for the respective parties, dated September 26, 2003, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3996
CF/
|
2003-07496 Alexandra Shimanova, respondent, v Liya & Kaha, Inc., etc., et al., appellants. (Index No. 5092/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 25, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4033
F/
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-06309 DECISION & ORDER ON MOTION William Thompson, appellant, v State of New York, respondent.
(Claim No. 107129)
|
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Court of Claims, dated June 9, 2003, 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 motion is denied.
SANTUCCI, J.P., ADAMS, CRANE, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4004
F/
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
WILLIAM D. FRIEDMANN
HOWARD MILLER, JJ.
2003-04641
In the Matter of Jonathan B. (Anonymous) Catholic Home Bureau for Dependant Chi appellant; Lilliana B. (Anonymous), respondent. (Docket No. B-11292-99)
| DECISION & ORDER ON MOTION . ldren, |
Motion by the counsel assigned to represent the respondent in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated September 4, 2002, and for 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 in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the respondent on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent:
Carol Kahn, Esq.
225 Broadway - Suite 1515
New York, New York 10007
(212) 693-0090
and it is further,
ORDERED that pursuant to section 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), the scheduling order of this court dated September 11, 2003, in the above-entitled proceeding is amended to provide that the respondent's time to serve and file a brief is enlarged until December 10, 2003; 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.
ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4035
S/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-03946 In the Matter of Irene Fatigati, respondent, v Gregory Fatigati, appellant. (Docket No. F-1242-89)
| DECISION & ORDER ON MOTION |
Appeal by Gregory Fatigati from an order of the Family Court, Suffolk County, dated March 28, 2003. In response to a scheduling order of this court dated May 28, 2003, counsel for the appellant informed this court, by affirmation filed June 30, 2003, that there were no minutes to be transcribed to perfect the appeal in the above-entitled proceeding. By scheduling order dated August 18, 2003, the appellant was directed 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 on or before September 30, 2003.
The appellant failed to perfect the appeal.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to perfect the appeal in accordance with the scheduling order dated August 18, 2003.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4045
F/
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-08613
In the Matter of Leonardo Fontani, appellant, v Joseph Hershowitz, a/k/a Joseph Ghershowitz, et al., respondents.
(Docket No. 24773/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated September 10, 2003, as a poor person, for leave to proceed on the original papers, to waive the filing fee, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted to the extent that 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 the motion is otherwise denied.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3983
F/
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-07525 In the Matter of Brenda Yvette Idowu, respondent, v Olusegun Idowu, appellant.
(Docket No. F-01529/02A)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated July 21, 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 thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4003
F/
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-06955
In the Matter of Jamal J. (Anonymous), appellant. (Docket No. D-4441-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated July 9, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the Law Guardian, David I. Bliven, 90-50 Parsons Blvd., Suite 401C, Jamaica, N.Y., 11432, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:
Mona G. Friedman, Esq.
34-05 44th Street - #6G
Long Island City, New York 11101
(718) 937-1656
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4039
S/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-01990
In the Matter of Millicent McFarlane, respondent, v Richard Lewis, appellant. (Docket No. F-435-00, F-478-02)
| SCHEDULING ORDER |
Appeal by Richard Lewis from an order of the Family Court, Putnam County, dated December 9, 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 6, 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 15, 2003.
S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4037
S/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-05342
In the Matter of Angela Nelson, appellant, v Robin Martin, respondent. (Docket Nos. V-3850-6/03, V-3813/03)
| SCHEDULING ORDER |
Appeal by Angela Nelson from an order of the Family Court, Suffolk County, dated May 15, 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 4, 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 15, 2003.
S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4053
F/
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-07837, 2003-07838 In the Matter of JoAnne D. Rossitto, appellant, v Ralph DeFelice, respondent.
(Docket Nos. F-08675-03, F-08675-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Suffolk County, dated July 17, 2003, and August 18, 2003, respectively, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4032
C/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2002-11029 In the Matter of Darlene Simmons, appellant, v Andrew Budney, respondent. (Docket No. V-07025/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to enlarge the record on appeal from an order of the Family Court, Kings County, dated November 6, 2002, 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 is 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 denied as academic in light of the scheduling order of this court dated October 28, 2003.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4005
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
LEO F. McGINITY
HOWARD MILLER, JJ.
|
2002-07989, 2002-07990
In the Matter of Jeremiah Kwimea T. (Anonymous). Pius XII Youth & Family Services, et al., respondents; Jeremiah T. (Anonymous), Sr., et al., appellants. (Docket No. B-579-00)
| 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 August 27, 2003, is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the counsel assigned to represent the appellant Jeremiah T. Sr., in proceedings before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute the appeals from an order and judgment (one paper) and a decision of the Family Court, Queens County, both dated August 5, 2002, and for leave to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family 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 appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals for the appellant Jeremiah T. Sr.:
Andrew J. Calcagno, Esq.
186 No. Avenue East - Suite 101
Cranford, New Jersey 07016
(908) 272-7300
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
ALTMAN, J.P., GOLDSTEIN, McGINITY and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3995
CF/
|
2003-08823 In the Matter of Town of Riverhead, et al., respondents, v Long Island Power Authority appellant. (Index No. 25040/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 7, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3425
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-05607 In the Matter of Mikhail V. (Anonymous), appellant.
(Docket Nos. E-4615/03, D-4930/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated May 15, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the 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:
Anna Martin, Esq.
250 Montauk Highway
East Moriches, New York 11940
(516) 878-3352
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2928
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-07658 In the Matter of Helena W. (Anonymous). Administration for Children's Services, respondent; Avis W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Prince W. (Anonymous). Administration for Children's Services, respondent; Avis W. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Regene W. (Anonymous). Administration for Children's Services, respondent; Avis W. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-16825-00, B-16826-7-00)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated August 25, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the 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:
Carol Kahn, Esq.
225 Broadway - Suite 1515
New York, New York 10007
(212) 227-0206
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3846
T/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
STEPHEN G. CRANE, JJ.
|
2001-03781 The People, etc., respondent, v Alfredo Badden, appellant. (Ind. No. 941/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered March 12, 2001, in effect, to amend three prior decisions and orders on motion of this court dated June 7, 2001, September 18, 2001, and July 25, 2002, respectively, by deleting from the captions thereof the words "Ind. No. 2941/00," and substituting therefor the words "Ind. No. 941/00."
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 decisions and orders on motion of this court dated June 7, 2001, September 18, 2001, and July 25, 2002, in the above-entitled matter are amended by deleting from the captions thereof the words "Ind. No. 2941/00," and substituting therefor the words "Ind. No. 941/00."
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3852
S/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
WILLIAM D. FRIEDMANN
HOWARD MILLER, JJ.
|
2003-08826
The People, etc., respondent, v Paul Bell, appellant. (Ind. No. 00-0867)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment |
Motion by counsel assigned to represent the appellant before the Supreme Court, Richmond County, in connection with proceedings pursuant to Correction Law § 168-n to be relieved of an assignment to prosecute an appeal from a determination of the County Court, Westchester County, dated May 27, 2003, and to assign new counsel to represent the appellant on the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the former 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:
Randall Unger, Esq.
107-23 71st Rd. - Suite 122
Forest Hills, New York 11375
and it is further,
ORDERED that pursuant to Correction Law article 6-C the appellant's status as a poor person continues on appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4066
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-02737
The People, etc., respondent, v Nelson Cruz, appellant. (Ind. No. 3669/98)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated October 10, 2003, in
the above-entitled case is amended by deleting from the first paragraph thereof the words "judgment" and "rendered" and substituting therefor the words "order" and "dated", respectively.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4028
F/
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2002-05730 The People, etc., respondent, DECISION & ORDER v Jason DeLeon, appellant. Motion Pro se to Relieve Counsel (Ind. No. 01-00847)
| ON MOTION of Assignment |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered June 5, 2002, 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.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4006
F/
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
1999-10056
The People, etc., respondent, v Edward Gaines, appellant.
(Ind. No. 2937/98)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Nassau County, rendered December 18, 1998, and separate motion by the appellant pro se for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person and for the assignment of counsel 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:
Gail Patricia Ennis, Esq.
P.O. Box 220088
Great Neck, New York 11021
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the motion to dismiss the appeal as abandoned is 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.
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
99 A 3150
Sullivan Corr. Fac.
Box 116
Fallsburg, N.Y. 12733
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4048
F/
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2002-05746 v Bryant Hall, appellant. (Ind. No. 1443-01)
| 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 County Court, Suffolk County, rendered May 24, 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 opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
02 A 3247
Coxsackie Corr. Fac.
Box 999
Coxsackie, N. Y. 12051
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4042
F/
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2001-02827
The People, etc., respondent, v Kalvin Marshall, appellant (Ind. No. 6154/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered March 8, 2001, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3984
F/
DAVID S. RITTER, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
HOWARD MILLER, JJ.
|
2003-04947
The People, etc., respondent, v Raymond McFarlane, appellant.
(Ind. No. 2596/01)
| 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, Nassau County, rendered May 15, 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:
Bruce Bekritsky, Esq.
1551 Kellum Place
Mineola, New York 11501
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.
RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 2750
Cape Vincent Corr. Fac.
Route 12E - Box 739
Cape Vincent, N.Y. 13618
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4038
F/
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2002-02129
The People, etc., plaintiff, v Enrico Pedraza, defendant. (Ind. No. 4650/01)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment |
Renewed motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered February 5, 2002, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
02 A 1223
Coxsackie Corr. Fac.
Box 999
Coxsackie, N.Y. 12051
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4044
F/
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2000-10333 The People, etc., respondent, v Ishawn Pitts, appellant (Ind. No. 1954/00)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered November 8, 2000, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4052
F/
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-07559 The People, etc., respondent, DECISION & ORDER ON MOTION v Michael Reedy, appellant. (Ind. No. 2433/02)
|
Motion by the appellant pro se to be furnished with a copy of the typewritten transcripts of the proceedings, if any, on an appeal from a judgment of the Supreme Court, Queens County, rendered August 7, 2002.
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 transcripts of the proceedings 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 transcripts shall be returned to this court when the appellant files his supplemental brief or he informs this court that he will not file such a brief; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,
ORDERED that upon delivering the minutes to the institution, the Clerk of this court shall advise the defendant of the date by which the minutes are to be returned and the brief filed.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3865
C/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2000-08513, 2003-05991 The People, etc., respondent, v Andres Rios, appellant. (Ind. No. 971/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, in effect, for leave to prosecute appeals from (1) a judgment of the Supreme Court, Queens County, rendered August 18, 2000, and (2) an execution of sentence of the same court, rendered June 25, 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 on the court's own motion, the appeal from the execution of sentence is dismissed, as no appeal lies from an execution of sentence (see People v Crawford, 239 AD2d 515); and it is further,
ORDERED that the branch of the motion which is for poor person relief and the assignment of counsel on the appeal from the judgment is granted;
ORDERED that the appeal from the judgment 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:
Randall Unger, Esq.
107-23 71st Rd. - Suite 122
Forest Hills, New York 11375
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.
S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03-A-3872
Downstate Correctional Facility
Box F
Fishkill New York 12524
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4040
F/
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2002-00855
The People, etc., respondent, v Herbert Watts, appellant (Ind. No. 10461/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered January 3, 2002 , for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk