Appellate Division: Second Judicial Department
M32014
R/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2005-02300 Buywise Holding, LLC, appellant, v John A. Harris, etc., respondent, et al., defendant.
(Index No. 44434/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike the respondent's brief on an appeal from an order of the Supreme Court, Kings County, dated December 9, 2004, on the ground that the order was entered upon the respondent's default in opposing the motion which resulted in the order dated December 9, 2004, and to enlarge the time to serve and file a reply 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 strike the respondent's brief is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until November 14, 2005, and the reply brief must be served and filed on or before that date.
ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32044
S/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2005-10155 Mary Cohen, appellant, v Angelo Formica, etc., et al., respondents. (Index No. 11984/02)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from an order of the Supreme Court, Richmond County, dated August 4, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissmed, without costs or disbursements, as the order was entered upon the appellant's default (see Marino v Termini, 4 AD3d 342).
ADAMS, J.P., S. MILLER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31727
S/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2002-06517 Rivka Dambrot, respondent-appellant, v REJ Long Beach, LLC, defendant-respondent, Ocean Pictures Corp., d/b/a Park Avenue Theater, appellant-respondent. (Appeal No. 1) 2005-09610 Rivka Dambrot, respondent-appellant, v REJ Long Beach, LLC, appellant-respondent, Ocean Pictures Corp., d/b/a Park Avenue Theater, respondent-appellant. (Appeal No. 2) (Index No. 27233/00)
| DECISION & ORDER ON MOTION |
Renewed motion by REJ Long Beach, LLC, on appeals and cross appeals from two orders of the Supreme Court, Queens County, dated May 17, 2002 (Appellate Division Docket No. 2002-06517), and September 7, 2005 (Appellate Division Docket No. 2005-09610), respectively, to dismiss the appeal and cross appeal from the order dated May 17, 2002, on the ground that the order dated. May 17, 2002, was superseded by the order dated September 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 appeal and cross appeal from the order dated May 17, 2002, are dismissed, without costs or disbursements; and it is further,
ORDERED that on the court's own motion the notice of appeal and cross appeal by Rivka Dambrot and Ocean Pictures Corp., d/b/a Park Avenue Theater (hereinafter Ocean Pictures) are deemed to be notices of cross appeal from the order dated September 17, 2005 (see CPLR 5512); and it is further,
ORDERED that the parties are directed to perfect the appeal and cross appeals from the order dated September 7, 2005, on or before January 5, 2006, by serving and filing a joint record or appendix containing the papers submitted to the Supreme Court, Queens County, which resulted in the order dated September 7, 2005; and it is further,
ORDERED that the record to be filed on the appeal from the order dated September 7, 2005, and the record previously filed in connection with the appeal from the order dated May 17, 2002, are together deemed to be the complete record on the appeal from the order dated September 7, 2005; and it is further,
ORDERED that on or before January 5, 2006, REJ Long Beach, LLC, shall serve and file its brief on the appeal; and it is further,
ORDERED that the briefs filed by Rivka Dambrot and Ocean Pictures in connection with the appeal from the order dated May 17, 2002, are deemed to be their briefs on the cross appeals from the order dated September 7, 2005, and on or before February 10, 2006, Rivka Dambrot and Ocean Pictures shall serve and file supplemental briefs responding to the brief filed by REJ Long Beach, LLC; and it is further,
ORDERED that on or before March 15, 2006, REJ Long Beach, LLC, shall serve and file its reply brief; on or before April 20, 2006, Ocean Pictures shall serve and file its reply brief; and the reply brief of Rivka Dambrot shall be served and filed on or before May 5, 2006.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32057
O/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2005-09096 Cherylann Diaz, et al., respondents, v Lily Yuan, etc., et al., appellants. (Index No. 261/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated August 1, 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.
ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31887
M/nal
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-00740 Anthony Formosa, respondent, v Karen Tina Litt, appellant. (Index No. 15171/02)
| SCHEDULING ORDER |
Appeal by Karen Tina Litt from an order of the Supreme Court, Nassau County, dated January 13, 2005. The appellant's brief was filed in the office of the Clerk of this court on August 22, 2005, the respondent's brief was served and filed on September 27, 2005, and the law guardian's brief was served and filed on October 7, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the appellant to serve and file a reply brief on the appeal is enlarged until November 10, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32013
R/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2005-05999 Tianna A. Jones, etc., et al., plaintiffs, v 116-120 Grove Street Housing Development Corporation, defendant third-party plaintiff-appellant; Ebony Eury, et al., third-party defendants-respondents.
(Index No. 10674/03)
| 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, Kings County, dated June 10, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31875
C/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-09706 L-3 Communications Corp., appellant, v Alexander Kelly, et al., respondents. (Index No. 05-14971)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enjoin the respondents and all persons acting on their behalf from providing services of any nature to Datapath, Inc., or to any individual or entity with respect to the Global Multiband Terminal Satellite Project pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated August 18, 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 respondents and all persons acting on their behalf are enjoined from providing services of any nature to Datapath, Inc., or to any individual or entity with respect to the Global Multiband Terminal Satellite Project pending hearing and determination of the appeal, on condition that the appellant perfects the appeal 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 respondents may move to vacate the stay, on three days notice.
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32054
S/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2004-10506
Arlene Lehmann, respondent, v Lawrence Lehmann, appellant. (Index No. 203459/03)
| DECISION & ORDER ON MOTION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 13, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,
ORDERED that the stay granted by decision and order on motion of this court dated February 4, 2005, is vacated forthwith.
ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32047
S/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-10031 Thomas Lipera, appellant, v Susan Lipera, respondent. (Index No. 02-203558)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from an order of the Supreme Court, Nassau County, dated September 12, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the stipulation of the parties (see CPLR 5511).
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32041
O/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
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)
| DECISION & ORDER ON MOTION |
Motion by the appellant BNF Contractors, Inc., to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated October 29, 2004, to include the deposition transcript of its witness, Frank Giordano.
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
Appellate Division: Second Judicial Department
M32048
S/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-10002, 2005-10004 Adam L. Shapiro, etc., et al., respondents, v William Pagan, et al., appellants, et al., defendant. (Index No. 16564/01)
| DECISION & ORDER ON MOTION |
Appeals by William Pagan and Nadalyn Caprice from a transcript of the Supreme Court, Nassau County, dated September 20, 2005, and a judgment of the same court dated September 30, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal from the transcript (Appellate Division Docket No. 2005-10002) is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717).
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32050
O/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-08580 Salim Sheikh, appellant, v Amina Mariam Basheer, respondent. (Index No. 25884/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated September 28, 2004, on the ground that it is not appealable as of right and leave to appeal has not been granted (see CPLR 5701), or, in the alternative, 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 held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; 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 it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until December 5, 2005, and the respondent's brief must be served and filed on or before that date.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32055
O/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-05811 Willard Stillman, appellant, v Edward Kalikow, et al., respondents. (Index No. 3874/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Nassau County, dated April 20, 2005, to strike portions of the record on appeal on the ground that it contains matter dehors the record, 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 strike portions of the record on appeal is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; 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 it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until December 5, 2005, and the respondents' brief must be served and filed on or before that date.
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32006
A/sl
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2004-07522 Sefkija Vasuija, etc., appellant, v Board of Education of City of New York, et al., respondents. (Index No. 13832/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to recall and vacate so much of a decision and order on motion of this court dated May 10, 2005, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - April 2005 Calendar" as dismissed an appeal from an order of the Supreme Court, Kings County, dated May 26, 2004, for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31886
M/nal
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-01394 In the Matter of Ernest Abranko, appellant, v Madelyn Vargas, respondent. (Docket Nos. V-10509-04, V-10510-04)
| SCHEDULING ORDER |
Appeal by Ernest Abranko from an order of the Family Court, Suffolk County, dated January 18, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 15, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until November 21, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31960
M/nal
|
2005-09299 In the Matter of Jose L. Archila, respondent, v Suyapa Regalado-Archila, appellant. (Docket No. O-03988-05)
| SCHEDULING ORDER |
Appeal by Suyapa Regalado-Archilia from an order of the Family Court, Westchester County, dated September 1, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M31883
M/nal
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-02597 In the Matter of Imani B. (Anonymous). Suffolk County Department of Social Services, respondent; Vernon B. (Anonymous), appellant. (Docket No. N- 21224-04)
| SCHEDULING ORDER |
Appeal by Vernon B. from an order of the Family Court, Suffolk County, dated March 9, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 22, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until December 2, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31910
M/nal
|
2005-08751, 2005-08752 In the Matter of Mya Sherice B. (Anonymous), a/k/a Mya B. (Anonymous), a/k/a Mya L. (Anonymous). SCO Family of Services, respondent; Bernice Sherice L. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Eric Edward B. (Anonymous), a/k/a Eric B. (Anonymous). SCO Family of Services, respondent; Bernice Sherice L. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket Nos. B-18218/03, B-22326/03)
| SCHEDULING ORDER |
Separate appeals by Bernice Sherice L. and Mark B. from two orders of the Family Court, Kings County (one as to each child), both dated August 19, 2005. By decision and order on motion of this court dated October 25, 2005, the following attorney was assigned as counsel for the appellant Mark B. on the appeals:
Keith D. Grace, Esq.
111 John Street, Suite 1509
New York, New York 10038
(212) 962-1450
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated October 25, 2005, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M31917
M/nal
|
2005-00669, 2005-00671 In the Matter of Joan Bavaro-Baldwin, respondent, v Paul Bavaro, appellant. (Docket No. F-04621-03)
| SCHEDULING ORDER |
Appeals by Paul Bavaro from two orders of the Family Court, Richmond County, both dated December 20, 2004. The appellant's brief was filed in the office of the Clerk of this court on October 25, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M31899
M/nal
|
2005-02956 In the Matter of Holly Belgrave, appellant, v Simeon Mingo, respondent. (Docket No. O-14462-03)
| SCHEDULING ORDER |
Appeal by Holly Belgrave from an order of the Family Court, Kings County, dated February 22, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 27, 2005. By decision and order on motion of this court dated October 28, 2005, the following attorney was assigned to represent the respondent on the above-entitled appeal:
Keith D. Grace, Esq.
111 John Street - Suite 1509
New York, New York 10038
(212) 962-1450
Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until November 28, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31912
M/nal
|
2005-01512, 2005-01513 In the Matter of Jessica C. (Anonymous), appellant. (Docket No. D-05307/04)
| SCHEDULING ORDER |
Appeals by Jessica C. from two orders of the Family Court, Richmond County, dated December 29, 2004, and January 18, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on October 26, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M31901
M/nal
|
2005-04699 In the Matter of Stephen C. (Anonymous), appellant. (Docket No. E-7936-02)
| SCHEDULING ORDER |
Appeal by Stephen C. from an order of the Family Court, Orange County, dated May 3, 2005. The appellant's brief was filed in the office of the Clerk of this court on October 31, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M31903
M/nal
|
2005-04702 In the Matter of Sandra Fletcher, appellant, v Fletcher Devon, et al., respondents. (Docket No. V-10606-00)
| SCHEDULING ORDER |
Appeal by Sandra Fletcher from an order of the Family Court, Queens County, dated December 16, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until November 30, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31900
M/nal
|
2005-07240, 2005-10022 In the Matter of Louis Galanos, respondent, v Suzanne Galanos, appellant. (Docket Nos. V-5192-03, V-5193-03)
| SCHEDULING ORDER |
Appeals by Suzanne Galanos from two orders of the Family Court, Dutchess County, dated May 5, 2005, and July 1, 2005. The appellant's brief was filed in the office of the Clerk of this court on October 28, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M31898
M/nal
|
2005-05931 In the Matter of Joanne Garland, respondent, v George Garland, appellant. (Docket No. F-161-01)
| SCHEDULING ORDER |
Appeal by George Garland from an order of the Family Court, Nassau County, dated May 25, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until November 30, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31882
M/nal
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-03551, 2005-03552 In the Matter of Ziva Giliya, appellant, v Steven Warren, respondent. (Docket No. P-00881/92)
| SCHEDULING ORDER |
Appeals by Ziva Giliya from two orders of the Family Court, Queens County, dated March 4, 2005, and March 7, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on September 15, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeals is enlarged until November 25, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31909
M/nal
|
2004-09207 In the Matter of Edward Grassi, respondent, v Janice Grassi, appellant. (Proceeding No. 1) In the Matter of Edward Grassi, respondent, v Jan Grassi, a/k/a Janice Grassi, appellant. (Proceeding No. 2) In the Matter of Janice Grassi, appellant, v Edward Grassi, respondent. (Proceeding No. 3) (Docket Nos. V-15426-02, V-15427-02)
| SCHEDULING ORDER |
Appeal by Janice Grassi from an order of the Family Court, Nassau County, dated September 14, 2004. The appellant's brief was filed in the office of the Clerk of this court on October 26, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M31950
A/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-02348 In the Matter of Shawn Green, appellant, v Donald Selsky, etc., et al., respondents.
(Index No. 756/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated July 27, 2004, as a poor person, 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 thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted; and it is further,
ORDERED 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 it is further,
ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and for assignment of counsel are denied; and it is further,
ORDERED that on the court's own motion 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 his brief on the appeal is enlarged until January 6, 2006.
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31913
M/nal
|
2004-07216 In the Matter of Robert Hausman, appellant, v Alita Hausman, respondent. (Docket No. F-083722/99)
| SCHEDULING ORDER |
Appeal by Robert Hausman from an order of the Family Court, Kings County, dated June 14, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 6, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent to serve and file a brief on the appeal is enlarged until November 30, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32038
C/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2004-07858 In the Matter of Kenneth Herdigein, appellant, v Bernadette Uneberg, respondent. (Docket No. V-04401-04)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant on an appeal from an order of the Family Court, Suffolk County, dated July 15, 2004, to be relieved as counsel on the ground that the appellant has been deported. By order to show cause dated August 26, 2005, the parties, or their attorneys, were directed to show cause before this court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the appellant has been deported and is no longer available to obey the mandate of this court (see Matter of Gerald G.G., 46 NY2d 1036), and the motion was held in abeyance in the interim.
Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed; and it is further,
ORDERED that the motion by assigned counsel is denied as academic.
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31906
M/nal
|
2005-05081
In the Matter of Marie Joseph, respondent, v Samuel Isidore, appellant. (Docket No. F-02482-96)
| ORDER TO SHOW CAUSE |
Appeal by Samuel Isidore from an order of the Family Court, Suffolk County, dated May 4, 2005. By scheduling order dated September 20, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 20, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 15, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31902
M/nal
|
2005-04220 In the Matter of Diamond K. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Doneisha H. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Deemeaka H. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Deseree J. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Deana J. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Jerail J. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-7310-02, N-7311-02, N-7312-02, N-7313-02, N-10384-03, N-328-05)
| SCHEDULING ORDER |
Appeal by Shameaka K. from an order of the Family Court, Queens County, dated April 6, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until November 30, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31879
M/nal
ANITA R. FLORIO , J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO , JJ.
|
2005-06766
In the Matter of Frederick Keitel III, appellant, v Diane De La Bagassiere, respondent. (Docket No. V-10822-02)
| DECISION & ORDER ON MOTION |
Appeal by Frederick Keitel III from an order of the Family Court, Westchester County, dated June 22, 2005. By order to show cause dated October 11, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated August 8, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated August 8, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32034
O/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-07584 In the Matter of Leo Marino, appellant, v Richard Brown, etc., respondent. (Index No. 480/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, dated June 23, 2005, 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 branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that those branches of the motion which are for a copy of the transcript without charge and to waive payment of the filing fee are denied.
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31904
M/nal
|
2005-03390
In the Matter of Salvatore Morocco, appellant, v Tara Caporicci, respondent. (Docket No. V-11289-04)
| ORDER TO SHOW CAUSE |
Appeal by Salvatore Morocco from an order of the Family Court, Suffolk County, dated March 16, 2005. By scheduling order dated September 20, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 20, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 15, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31944
M/nal
|
2005-09386, 2005-09387 In the Matter of Marina Neroni, respondent, v Daniel Treanor, appellant. (Proceeding No. 1) In the Matter of Daniel Treanor, appellant, v Marina Neroni, respondent. (Proceeding No. 2) (Docket Nos. F-00248-05, F-00249-05, F-01388-05)
| SCHEDULING ORDER |
Appeals by Daniel Treanor from two orders of the Family Court, Rockland County, dated August 11, 2005, and September 29, 2005, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M32030
A/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-07894 In the Matter of 151 Route 17M Associates, LLC, appellant, v Zoning Board of Appeals of Village of Harriman, respondent. (Index No. 6010/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Orange County, dated June 28, 2004, which was determined by decision and order of this court dated June 6, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31884
M/nal
ROBERT W. SCHMIDT , J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER , JJ.
|
2005-03505 In the Matter of Maithsa Edourd S. (Anonymous). Administration for Children's Services, respondent; Rose P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Ernesto G. (Anonymous). Administration for Children's Services, respondent; Rose P. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-06160-04, N-06161-04)
| SCHEDULING ORDER |
Appeal by Rose P. from an order of the Family Court, Kings County, dated March 23, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 9, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until November 21, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31892
M/nal
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-07519, 2005-07525, 2005-07526
In the Matter of Victoria S. (Anonymous). Administration for Children's Services, petitioner- respondent; Jackie S. (Anonymous), appellant; Matthew S. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Joseph S. (Anonymous). Administration for Children's Services, petitioner- respondent; Jackie S. (Anonymous), appellant; Matthew S. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. N-1249-02, N-1250-02)
| DECISION & ORDER ON MOTION |
Appeals by Jackie S. from three orders of the Family Court, Richmond County, two dated June 6, 2005, and one dated July 19, 2005, respectively. By order to show cause dated September 27, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with a scheduling order dated August 15, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with a scheduling order dated August 15, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31891
M/nal
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-07551
In the Matter of Lula Tarver, respondent, v Jason A. Watts-Tarver, appellant. (Docket No. O-19945-04)
| DECISION & ORDER ON MOTION |
Appeal by Jason A. Watts-Tarver from an order of the Family Court, Queens County, dated June 24, 2005. By order to show cause dated September 27, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated August 15, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated August 15, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31890
M/nal
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-03529 In the Matter of Kristine J. Thomas, respondent, v Gregory M. Thomas, appellant. (Docket No. O-3208-05)
| SCHEDULING ORDER |
Appeal by Gregory M. Thomas from an order of the Family Court, Suffolk County, dated March 4, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 9, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until November 21, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31881
M/nal
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-02952 In the Matter of Victor V. (Anonymous), appellant. (Docket No. D-35142/03)
| SCHEDULING ORDER |
Appeal by Victor V. from an order of the Family Court, Kings County, dated January 3, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 27, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until November 30, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31869
R/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-09635, 2005-09636 In the Matter of Andrea Victorio, respondent, v Joseph McBratney, appellant.
(Docket No. F-5537-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of two orders of the Family Court, Richmond County, both dated September 15, 2005, which directed his incarceration, and to immediately release him from civil commitment pending hearing and determination of the appeals therefrom, and to vacate the orders.
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 orders dated September 15, 2005, and to release the appellant from civil commitment is granted, and enforcement of the orders is stayed and the appellant shall be released from civil commitment pending hearing and determination of the appeals; and it further,
ORDERED that the Warden of the facility at which the appellant is incarcerated, or his or her agent, is directed to immediately release the appellant upon receipt of a certified copy of this decision and order on motion; and it is further,
ORDERED that the branch of the motion which is to vacate the orders is denied.
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31720
S/nl
|
2005-01924 In the Matter of Village of Sleepy Hollow, etc., et al., appellants, v Board of Trustees of Village of Tarrytown, et al., respondents. (Proceeding No. 1) (Index No. 5940/04) In the Matter of Roseland/Sleepy Hollow, LLC, respondent, v Board of Trustees of Village of Tarrytown, et al., appellants. (Proceeding No. 2) (Index No. 17661/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by Board of Trustees of Village of Tarrytown to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated January 31, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal by Board of Trustees of Village of Tarrytown is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31916
M/nal
|
2005-02246 In the Matter of Sharron Willis, respondent, v Vassell Watson, appellant. (Docket No. O-126/05)
| SCHEDULING ORDER |
Appeal by Vassell Watson from an order of the Family Court, Richmond County, dated January 26, 2005. The appellant's brief was filed in the office of the Clerk of this court on October 25, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M31893
M/nal
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-07225
In the Matter of Veronica J. Young, o/b/o Jeremy Frankel, et al., respondent, v Joshua Frankel, appellant. (Docket No. V-1641-04)
| DECISION & ORDER ON MOTION |
Appeal by Joshua Frankel from an order of the Family Court, Rockland County, dated July 1, 2005. By order to show cause dated October 3, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated August 16, 2005, issued pursuant to 22 NYCRR 670.4(a)(2). Application by the appellant to withdraw the appeal.
Now on the court's own motion, and the papers filed in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M31840
F/
THOMAS A. ADAMS, J.
|
2005-08546 The People, etc., plaintiff, v Paul Bell, defendant. (Ind. No. 71829/89)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated August 2, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
THOMAS A. ADAMS
Associate Justice
Appellate Division: Second Judicial Department
M31974
F/
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2005-09108 The People, etc., respondent, v Allan Burbridge, appellant. (Ind. No. 05-00169)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered September 16, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and (2) the amount and source of counsel fees paid to retained counsel.
ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32008
L/
HOWARD MILLER, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
MARK C. DILLON, JJ.
|
2003-08550 The People, etc., respondent, v Diego Calvo, appellant. (Ind. No. 10078/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from a judgment of the Supreme Court, Queens County, rendered August 28, 2003.
Upon the stipulation of the attorneys for the respective parties, dated October 25, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn.
H. MILLER, J.P., SANTUCCI, GOLDSTEIN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31989
F/
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2004-00823 The People, etc., respondent, v Frederick Carpenter, appellant. (Ind. No. 175-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an
appeal from a judgment of the County Court, Suffolk County, rendered January 14, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., S. MILLER, RITTER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32015
O/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-01619 The People, etc., respondent, v Gerard Clifford, appellant. (Ind. No. 2835/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered January 22, 2003, for assignment of new counsel, and to enlarge the time to serve and file a supplemental brief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file a supplemental brief is granted, and the appellant's supplemental brief shall be served and filed on or before January 4, 2006; 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 no further enlargements of time shall be granted; 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
Appellate Division: Second Judicial Department
M31976
F/
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2005-09064 The People, etc., respondent, v Hilton Cohen, appellant. (Ind. No. 2397/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered September 8, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction.
ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32045
E/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO, JJ.
|
2003-04650 The People, etc., respondent, v Petrix DesRosiers, appellant. (Ind. No. 3520/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a sentence of the Supreme Court, Queens County, imposed March 13, 2003, which was determined by decision and order of this court dated October 12, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., ADAMS, KRAUSMAN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31968
F/
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2005-03372
The People, etc., respondent, v Vito DiMeglio, appellant. (Ind. No. 1693-04)
| 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, Suffolk County, rendered March 16, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
ADAMS, J.P., S. MILLER, RITTER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 R 1208
Watertown Corr. Fac.
P.O. Box 168
Watertown, New York 13601-0168
Appellate Division: Second Judicial Department
M31981
F/
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2005-08828 The People, etc., respondent, v Joseph Diggs, appellant. (Ind. No. 05-00134)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Rockland County, rendered September 6, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth whether counsel was retained counsel or assigned counsel, and if retained counsel, the amount and source of counsel fees paid to retained counsel.
ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32029
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-01464 The People, etc., respondent, v Tito Greene, appellant. (Ind. No. 877/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated February 23, 2005, in the above-entitled case is amended by adding thereto after the first decretal paragraph the following:
ORDERED that on the court's own motion the respondent's brief on file with this court is stricken; the respondent shall serve and file a new brief within 60 days after service upon it of the appellant's new brief.
FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32017
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-02794
The People, etc., respondent, v Amede Irizarry, appellant. (Ind. No. 04-00337)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered February 3, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED 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:
Marianne Karas, Esq.
Box 277
Armonk, New York 10504
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
H. MILLER, J.P., ADAMS, GOLDSTEIN, and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 0711
Auburn Corr. Fac.
P.O. Box 618
Auburn, New York 13024
Appellate Division : Second Judicial Department
M31839
F/
THOMAS A. ADAMS, J.
|
2005-08882 The People, etc., plaintiff, v Derrick Johnson, defendant. (Ind. No. 3882/94)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated June 15, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
THOMAS A. ADAMS
Associate Justice
Appellate Division: Second Judicial Department
M32056
S/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2003-00788 The People, etc., respondent, v William F. Jones, appellant. (Ind. No. 02-00683)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered January 14, 2003, to withdraw the appeal on the ground that it has been rendered academic by an order of the same court, dated August 25, 2005, which granted the defendant's motion to vacate the judgment.
Now, upon the court's own motion, it is
ORDERED that the appellant show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that is has been rendered academic by filing an affidavit on that issue with the Clerk of this court on or before December 2, 2005, and the motion to withdraw the appeal is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, by ordinary mail pursuant to CPL 470.60(2), and the District Attorney, by regular mail.
ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31984
F/
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2005-08864
The People, etc., plaintiff, v Daniel Kelly, defendant. (Ind. No. 03-00986)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Orange County, rendered August 9, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., S. MILLER, RITTER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 4188
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M31983
F/
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2005-08881
The People, etc., respondent, v Karl Laurent, appellant.
(Ind. No. 7098/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant 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 July 29, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to extend the time to take the appeal is granted; and it is further,
ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth whether counsel was retained counsel or assigned counsel, and if retained counsel, the amount and source of counsel fees paid to retained counsel.
ADAMS, J.P., S. MILLER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32025
O/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-05136 The People, etc., respondent, v Brian Leddy, appellant. (Ind. No. 2031/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate an order on application of this court dated June 14, 2005, which granted his application to withdraw an appeal from a judgment of the County Court, Suffolk County, rendered May 31, 2005, to reinstate 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 relation thereto, it is
ORDERED that the motion is granted, the order on application dated June 14, 2005, is recalled and vacated, and the appeal is reinstated; and it is further,
ORDERED that on or before December 20, 2005, the appellant shall either retain new counsel and advise this court of the name and address of new counsel or move for leave to proceed as a poor person and for assignment of counsel.
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31979
F/
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2005-08182 The People, etc., respondent, v Aror O'Diah, appellant. (Ind. No. 3719/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered July 7, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and (2) the amount and source of counsel fees paid to retained counsel.
ADAMS, J.P., S. MILLER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31972
F/
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2005-06357 The People, etc., respondent, v Anthony J. Ryans, appellant. (Ind. No. 1060-04)
| DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes |
Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the County Court, Suffolk County, rendered May 19, 2005, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,
ORDERED that the motion is otherwise granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); retained counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the Trial Court is directed to reproduce a copy thereof for retained counsel; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged. Retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
ADAMS, J.P., S. MILLER, RITTER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
Leonard J. Levenson, Esq.
225 Broadway - Suite 1804
New York, New York 10007
Appellate Division: Second Judicial Department
M31991
F/
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2004-01086, 2004-01087 The People, etc., respondent, v Jeremiah Stroman, appellant. (Ind. Nos. 02-00829, 03-00607)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on appeals from two judgments of the County Court, Orange County, both rendered January 27, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., S. MILLER, RITTER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31986
F/
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2005-08856
The People, etc., plaintiff, v Joan Thomas, defendant. (Ind. No. 99-00440)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Orange County, rendered March 1, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., S. MILLER, RITTER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 G 0933
Albion Corr. Fac.
3595 State School Road
Albion, New York 14411
Appellate Division: Second Judicial Department
M32007
A/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-00948 The People, etc., respondent, v Jose Valentin, appellant.
(Ind. No. 3806/02)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered January 9, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before January 10, 2006; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court