APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4127
CF/
|
2003-05670
Advance Relocation & Storage of New Jersey, Inc., d/b/a Molloy Brothers Moving & Storage, et al., appellants, v Simonik Moving & Storage, Inc., et al., respondents. (Index No. 3054/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated May 22, 2003.
Upon the stipulation of the parties, dated October 15, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4129
M/sl
|
2003-02883
Louis Aquilino, et al. appellants, v E.W. Howell Co., Inc., defendant third-party plaintiff-respondent; Island Acoustics, third-pary defendant-respondent (and other titles). (Index No. 16381/99)
| ORDER ON APPLICATION |
Application by defendant third-party plaintiff-respondent E.W. Howell Co., Inc., 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 March 5, 2003.
ORDERED that the application is granted and the time of E.W. Howell Co., Inc., to serve and file a brief is enlarged until November 26, 2003, and that respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3979
M/mv
|
2003-08896, 2003-08897, 2003-08898
Frederick Assini, respondent, v Linda Assini, appellant. (Index No. 23026/92)
| SCHEDULING ORDER |
Appeals by Linda Assini from three orders of the Supreme Court, Kings County, dated August 5, 2003, September 5, 2003, and September 12, 2003, 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeals in the above-entitled action shall be perfected 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 Supreme Court action to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4111
M/sl
|
2003-03840
Cheikh Barry, et al., appellants, v Long Island University, et al., respondents. (Index No. 9238/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered March 31, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 29, 2003, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4187
T/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2002-10309 Georgia Batsidis, a/k/a Geri Bates, et al., appellants, v Arthur Batsidis, respondent. (Index No. 10309/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated October 11, 2002, on the ground, inter alia, that the record on appeal contains material which is dehors the record, or, in the alternative, to enlarge the time to serve and file a brief, and cross motion by the appellants, inter alia, to impose a sanction on the respondent.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is granted to the extent that on or before November 20, 2003, the appellants shall remove pages 35-56 from all copies of the record on appeal on file with this court, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the respondent's time to serve and file a brief is enlarged until December 22, 2003, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that the cross motion is denied.
S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4196
S/sl
|
2003-02803
Board of Trustees of Freeholders and Commonality of Town of Southampton, et al., respondents, v James E. Flaherty, appellant. (Index No. 30939/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated February 27, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 28, 2003, 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
M4073
CF/
|
2003-03625 Frank Capella, plaintiff-respondent, v City of New York, defendant-respondent; 69 Middle Village Corporation, defendant third-party plaintiff-appellant; Brooklyn Union Gas Company, third-party defendant- appellant. (Index No. 10337/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant 69 Middle Village Corporation to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 28, 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
M4120
CF/
|
2003-05885
Richard Carter, appellant, v J.D. Hochhauser, et al., respondents. (Index No. 3434/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated May 28, 2003.
Upon the stipulation of the parties, dated October 16, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4128
CF/
|
2003-04462 Chase Manhattan Bank, respondent, v New York City Industrial Development Agency, et al., defendants; Poison Sumac Associates, et al., appellants. (Index No. 9177/97)
| 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 April 4, 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
M4105
S/sl
|
2002-11473, 2003-01639 Citibank, N.A., plaintiff-respondent, v Peter Plagakis, defendant-respondent; John Bouzas, intervenor-appellant. (Index No. 7384/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, dated June 25, 2002, and February 11, 2003, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until November 10, 2003, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4133
CF/
|
2003-04910
Lisa Cocomazzi, respondent, v Michael Cocomazzi, appellant. (Index No. 1096/92)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Putnam County, dated March 13, 2003.
Upon the stipulation of the parties, dated October 15, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4186
S/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
SONDRA MILLER
LEO F. McGINITY, JJ.
|
2003-09365 Consolidated Payroll Services, Inc., appellant, v Irving Berk, respondent. (Index No. 42941/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this court from an order of the Supreme Court, Kings County, dated October 23, 2003, and, inter alia, to stay enforcement of so much of the order as directed it to post an undertaking in the sum of $1,624,217.71.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is for a stay granted to the extent that enforcement of so much of the order as directed the appellant to post an undertaking in the sum of $1,624,217.71 is stayed pending hearing and determination of a related appeal from an order of the same court dated August 25, 2003, pending in this court under Appellate Division Docket No. 2003-08015, on condition that within five days of the date of this decision and order on motion the appellant post an undertaking in the sum of $500,000 in terms that if the order dated August 25, 2003 is affirmed and it is determined that the appellant was not entitled to a stay of enforcement, the appellant will pay to the respondent all damages and costs which may be sustained by reason of this stay as specified in CPLR 6312(b), and that branch of the motion is otherwise denied.
RITTER, J.P., FLORIO, S. MILLER and McGINITY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4074
CF/
|
2003-03960 Dean Costa, respondent-appellant, v Piermont Plaza Realty, Inc., et al., appellants-respondents. (Index No. 3621/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Rockland County, dated April 15, 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4070
A/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
NANCY E. SMITH
HOWARD MILLER, JJ.
|
2003-08594 John Curry, appellant, v Patricia Curry, respondent.
(Index No. 5286/94)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Richmond County, dated July 2, 2003, inter alia, to stay enforcement of a Qualified Domestic Relations Order of the same court dated October 30, 1997, as amended by the order dated July 2, 2003, pending hearing and determination of 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 on the court's own motion, the notice of appeal from the order dated July 2, 2003, is treated as an application for leave to appeal from the Qualified Domestic Relations Order dated October 30, 1997, as amended July 2, 2003, and leave to appeal is granted (see CPLR 5701[c]); and it is further,
ORDERED that the motion is granted and enforcement of the Qualified Domestic Relations Order dated October 30, 1997, as amended July 2, 2003, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 8, 2003; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 8, 2003, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4142
M/sl
|
2003-01580
Donald Eickler, respondent, v Joseph Pecora, et al., appellants. (Index No.16830/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated January 3, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 1, 2003, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4119
CF/
|
2003-06005 Andrew Funk, appellant, v Gerald Cardella, respondent. (Index No. 6258/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 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
M4122
CF/
|
2003-05694 Gabriel-DeVito, M.D., P.C., et al., appellants, v Demetrios Gabriel, etc., et al., respondents. (Index No. 40319/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 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
M4125
CF/
|
2003-05563 Rosemary Greco, et al., respondents, v Malco Construction Company, et al., appellants. (Index No.11131/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Malco Construction Company to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 12, 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 by Malco Construction Company is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4062
A/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-02765, 2003-06968
Lisa Gussack, appellant, v Evan H. Bellin, respondent. (Index No. 10809/94)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, entered March 3, 2003, and August 5, 2003, respectively, in effect, to amend so much of a decision and order on motion of this court dated September 23, 2003, as conditioned a stay of enforcement of portions of the orders upon the perfection of the appeals on or before October 20, 2003, to continue the stay, and to enlarge the time to perfect the appeal from the order dated March 3, 2003.
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 amend the decision and order on motion dated September 23, 2003, is denied; and it is further,
ORDERED that on the court's own motion, the stay of enforcement contained in the decision and order on motion of this court dated September 23, 2003, is vacated; and it is further,
ORDERED that the branch of the motion which is for an enlargement of time is granted, the appellant's time to perfect the appeal from the order entered March 3, 2003, is enlarged until December 8, 2003, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
PRUDENTI, P.J., FLORIO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4121
CF/
|
2003-07201 Shalom Israel, et al., respondents, v Josephine Bradford, appellant. (Index No. 3686/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated June 9, 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
M4117
CF/
|
2003-03812 Kelli Jemmott, et al., respondents, v Betty S. Edwards, appellant. (Index No. 113587/99)
| 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 March 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
M3989
CF/
|
2003-05568 John Puff Construction Company, Inc., respondent, v Dormitory Authority - State of New York, et al., appellants. (Index No. 18646/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated May 28, 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
M4112
M/sl
|
2003-04252
Michael F. Kallon, appellant, v Henry L. Lamaute, et al., respondents. (Index No. 21328/99)
| 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, Queens County, dated April 30, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 12, 2003, 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
M4131
CF/
|
2003-06855 Diana A. Kreek, appellant, v Andrew E. Kreek, respondent. (Index No. 24492/02)
| 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 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
M4132
M/sl
|
2003-04036
Vinod Kumar, et al., appellants, v Yonkers Contracting Co., et al., respondents. (Index No. 6100/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered April 1, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 29, 2003, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4108
C/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
NANCY E. SMITH
HOWARD MILLER, JJ.
|
2003-09003 Divine Fayez Olabi, et al., appellants, v James Mayfield, Jr., et al., respondents. (Index No. 18090/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated October 3, 2003, inter alia, to enjoin the respondents from transferring, selling, or otherwise encumbering the subject property and to stay all proceedings to evict them from the subject property pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the respondents are enjoined from transferring, selling, or otherwise encumbering the subject property, and all proceedings to evict the appellants from the subject property are stayed pending hearing and determination of the appeal, on condition that the appeal is perfected on or before December 5, 2003, and the motion is otherwise denied; and it is further,
ORDERED that the respondents' brief shall be served and filed on or before December 29, 2003; and it is further
ORDERED that the reply brief, if any, shall be served and filed on or before January 5, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 5, 2003, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3992
CF/
|
2003-04079 Maria Palumbo, plaintiff-respondent, v Klobukowski Corporation, et al., defendants, Brandywine Realty Trust, defendant-appellant. (Index No. 8421/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Appeal from an order of the Supreme Court, Nassau County, dated April 11, 2003.
Upon the stipulation of the parties, dated October 14, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4115
M/sl
|
2003-07672
Edward Polidi, appellant, v John Paul Mouner, respondent. (Index No.10762/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated July 10, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 12, 2003, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4077
CF/
|
2003-03873 Jose Roman, plaintiff-respondent, v City of New York, defendant-respondent; Danuta Kurzyna, et al., appellants. (Index No. 15979/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants Danuta Kurzyna and Donna Grocery & Market to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 21, 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
M4075
CF/
|
2003-06272 St. Luke's Roosevelt Hospital, a/a/o Antovino Garcia, et al., respondents, v MVAIC, appellant. (Index No. 587/01)
| 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 March 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
M4124
CF/
|
2003-06001 Tabat, Cohen, Blum & Kramer, LLP, respondent, v James Garner, appellant. (Index No. 15738/01)
| 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 June 3, 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
M4160
F/
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-06309
Milton Thompson, appellant, v State of New York, respondent.
(Claim No. 107129)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 3, 2003, in the above-entitled matter is amended by deleting from the caption thereof the name "William Thompson," and substituting therefor the name "Milton Thompson."
SANTUCCI, J.P., ADAMS, CRANE, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4109
M/sl
|
2003-04504, 2003-04506
Arthur Traut, appellant, v Jacqueline Traut, respondent. (Index No. 5250/85)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Richmond County, both dated April 23, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 20, 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
M4135
M/sl
|
2003-03893
Anka Trzepacz, a/k/a Anka Lisowski, respondent, v Nelson Jara, appellant. (Index No. 25244/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 12, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 21, 2003, 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
M4148
J/sl
|
2003-04085
Young Israel of North Woodmere-Laurelton, respondent, v Shaul Chill, appellant. (Index No. 4295/03)
| ORDER ON APPLICATION |
ORDERED that the order on application of this court dated October 31, 2003, is amended by deleting from the decretal paragraph thereof the date "January 30, 2003," and substituting therefor the date "January 30, 2004."
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3450
M/mv
|
2003-06647
In the Matter of Anastasia B. (Anonymous). Administration for Children's Services, petitioner- respondent; Shannan B. (Anonymous), respondent; Constantin B. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-17178-97) In the Matter of Maximillian B. (Anonymous). Administration for Children's Services, petitioner- respondent; Shannan B. (Anonymous), respondent; Constantin B. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-17179-97)
| ORDER TO SHOW CAUSE |
Appeal by Constantin B. from an order of the Family Court, Queens County, dated June 23, 2003. By scheduling order dated September 2, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court 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) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with the scheduling order dated September 2, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 21, 2003; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4152
A/sl
GLORIA GOLDSTEIN, J.P.
THOMAS A. ADAMS
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2001-02231
In the Matter of Christina B. (Anonymous). Administration for Children's Services, respondent; Anthony B. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Megan T. (Anonymous). Administration for Children's Services, respondent; Anthony B. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Victoria B. (Anonymous). Administration for Children's Services, respondent; Anthony B. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket No. 8406/99)
| DECISION & ORDER ON MOTION |
Appeals by Anthony B. and Connie M. from an order of the Family Court, Kings County, dated February 15, 2001, in the above-entitled case. By order to show cause dated July 21, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings as abandoned.
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeals are dismissed as abandoned, without costs or disbursements (see 22 NYCRR 670.8[e]).
GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4175
C/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-07793, 2003-07794 In the Matter of Hilary Best, appellant, v Alma Belgrave, respondent. (Docket No. O-05234/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Family Court, Queens County, dated July 10, 2003, and July 31, 2003, respectively, to stay enforcement of the orders pending hearing and determination of the appeals, and for leave to prosecute the appeals as a poor person and 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 to stay enforcement of the orders is granted, and enforcement of the orders dated July 10, 2003, and July 31, 2003, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before January 12, 2004; and it is further,
ORDERED that in the event the appeals are not perfected on or before January 12, 2004, 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 branches of the motion which are for poor person relief and the assignment of counsel are denied with leave to the appellant to renew, on or before December 15, 2003, upon the submission of proper papers establishing that he is entitled to poor person relief, (see CPLR 1101).
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3966
M/mv
|
2003-07000
In the Matter of Frederic Blanc, respondent, v Isabelle Jeanmarie Larcher, appellant. (Docket Nos. V-17565-01, V-17058-01)
| SCHEDULING ORDER |
Appeal by Isabelle Jeanmarie Larcher from an order of the Family Court, Queens County, dated July 18, 2003. By decision and order on motion of this court dated October 24, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Barbara J. Caravello, Esq.
90-50 Parsons Blvd.- Suite 401F
Jamaica, New York 11432
(718) 725-4205
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 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 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 the order of this court dated October 24, 2003, has been served upon the clerk of the court from which the appeal is taken, 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3969
M/mv
|
2003-08103
In the Matter of Jose C. (Anonymous), appellant. (Docket No. D-19168-03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Kings County, dated August 25, 2003. 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M3971
M/mv
|
2003-06337
In the Matter of Paul Clarke, respondent, v Gwendolyn Clarke, appellant. (Docket No. F-1389-91)
| SCHEDULING ORDER |
Appeal by Gwendolyn Clarke from an order of the Family Court, Westchester County, dated April 16, 2003. By decision and order of this court dated October 24, 2003, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. 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 of 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 and paid for, 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), (4), or (5) 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M1265
M/mv
|
2003-06649
In the Matter of Alonzo Jason D. (Anonymous). Little Flower Children's Services, respondent; Shirley D. (Anonymous), appellant. (Docket No. B-5161-02)
| SCHEDULING ORDER |
Appeal by Shirley D. from an order of the Family Court, Queens County, dated July 8, 2003. By decision and order on motion of this court dated October 24, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Steven P. Forbes, Esq.
90-50 Parsons Blvd - #401
Jamaica, New York 11432
(718) 428-7700
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 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 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 the order of this court dated October 24, 2003, has been served upon the clerk of the court from which the appeal is taken, 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M4118
CF/
|
2003-04718 In the Matter of D.L. Cromwell Investments, LLC, appellant, v Kevin P. Walker, et al., respondents. (Index No. 2894/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated February 20, 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
M4130
CF/
|
2003-03620 In the Matter of Eagle Insurance Company, appellant, v Crisly Nunez, respondent. (Index No. 6744/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 3, 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
M4168
O/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
HOWARD MILLER, JJ.
|
2002-03378, 2002-10554
In the Matter of Corin Ellis, appellant, v Demetria Griffin, respondent. (Proceeding No. 1) (Docket No. V-01764/96) In the Matter of Troy Golding, petitioner- respondent, v Demetria Griffin, respondent- respondent; Tomasina Mastroianni, nonparty- appellant. (Proceeding No. 2) (Docket No. P-619/99)
| DECISION & ORDER ON MOTION |
Motion by the petitioner in Proceeding No. 2 for leave to reargue appeals from an order and an amended order of the Family Court, Nassau County, dated March 21, 2002, and March 26, 2002, respectively, which were determined by decision and order of this court dated September 8, 2003, 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.
RITTER, J.P., S. MILLER, LUCIANO and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4059
Y/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-08878 In the Matter of Louann Fernald, respondent, v Robert K. Vinci, appellant. (Docket No. F-983/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled matter pending hearing and determination of an appeal from an order of the Family Court, Putnam County, entered September 22, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see Family Ct Act § 1112 [a]); and it is further,
ORDERED that the motion is granted and enforcement of the order entered September 22, 2003, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 8, 2003; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 8, 2003, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4126
M/sl
|
2003-04398
In the Matter of Dorothy Goodlatte, a/k/a Dorothy Goodlattle, deceased. Ivar W. Malmstorm, appellant; Emil Krahulik, respondent. (Index No. 25/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Orange County, dated April 7, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 29, 2003, 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
M4134
CF/
|
2001-08806 In the Matter of Robert Goodley, appellant, v Anita Hudgins, respondent. (Index No. 2406/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Richmond County, dated August 29, 2001.
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
M3975
M/mv
|
2003-02079, 2003-02109 In the Matter of Dalzelle Monique H. (Anonymous). Child Development Support Corp., respondent; Zenobia H. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-2646/01) In the Matter of Fernando Ricardo H. (Anonymous). Child Development Support Corp., respondent; Zenobia H. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-2647/01)
| SCHEDULING ORDER |
Appeals by Zenobia H. from two orders of the Family Court, Kings County, both dated January 23, 2003. By decision and order on motion of this court dated October 24, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:
Matthew M. Lupoli, Esq.
167-16 Northern Boulevard
P.O. Box 580283
Flushing, New York 11358
(718) 539-0622
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 proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 24, 2003, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4016
M/mv
|
2003-02010
In the Matter of Nicolette H. (Anonymous). Dutchess County Department of Social Services, appellant; Michelle S. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Austin H. (Anonymous). Dutchess County Department of Social Services, appellant; Michelle S. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Nathaniel S. (Anonymous). Dutchess County Department of Social Services, appellant; Michelle S. (Anonymous), et al., respondents. (Proceeding No. 3) (Docket Nos. NN-05013-02, NN-05013-02/02A, NN-05016-02, NN-05016-02/02A, NN-05017-02, NN-05017-02/02A, NA-05022-02, NA-05022-02A)
| SCHEDULING ORDER |
Appeal by Dutchess County Department of Social Services from an order of the Family Court, Dutchess County, dated February 10, 2003. By decision and order of this court dated October 20, 2003, the following attorney was assigned as law guardian for the children on the appeal:
Marsha E. Koretzky, Esq.
P.O. Box 943
Goshen, New York 10924
(845) 294-1611
Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated September 11, 2003, in the above-entitled proceedings is amended to provide that the time of the respondent and the law guardian to serve and file their briefs in the above-entitled appeal is enlarged until November 24, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3449
M/mv
|
2003-06618
In the Matter of Garrett L. Mc. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Cindy N. (Anonymous), appellant; Robin M. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Adrienne M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Cindy N. (Anonymous), appellant; Robin M. (Anonymous), respondent. (Proceeding No. 2) In the Matter of Jiordan M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Cindy N. (Anonymous), appellant; Robin M. (Anonymous), respondent. (Proceeding No. 3) (Docket Nos. B-816-03, B-818-03 B-820-03, B-822-03, B-823-03)
| ORDER TO SHOW CAUSE |
Appeal by Cindy N. from an order of the Family Court, Suffolk County, entered June 20, 2003. By scheduling order dated September 2, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court 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) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with the scheduling order dated September 2, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 21, 2003; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4017
M/mv
|
2003-06290
In the Matter of Angel Ortiz, respondent, v Elizabeth Maharaj, appellant. (Docket No. V-16639-03)
| SCHEDULING ORDER |
Appeal by Elizabeth Maharaj from an order of the Family Court, Kings County, dated June 19, 2003. By decision and order on motion of this court dated October 20, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Marva Prescod, Esq.
1366 E. 48th Street
Brooklyn, New York 11234
(718) 444-4239
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 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 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 the order of this court dated October 20, 2003, has been served upon the clerk of the court from which the appeal is taken, 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M3976
M/mv
|
2003-06088, 2003-06089
In the Matter of Michelle Quinones, respondent, v Louis Albert Lopez, appellant. (Docket No. V-02368-99)
| SCHEDULING ORDER |
Appeals by Louis Albert Lopez from two orders of the Family Court, Queens County, both dated June11, 2003. By decision and order on motion of this court dated October 24, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:
Yasmin Daley-Duncan, Esq.
218 Smith Street
Brooklyn, New York 11201
(718) 284-3575
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 24, 2003, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4015
M/mv
|
2003-03347 In the Matter of Patricia Rudy, et al., appellants, v Jennifer Mazzetti, respondent. (Docket Nos. G-861-02, G-862-02)
| SCHEDULING ORDER |
Appeal by Patricia Rudy and David Rudy from an order of the Family Court, Dutchess County, dated March 4, 2003. By decision and order of this court dated October 20, 2003, the following attorney was assigned as law guardian to represent the children on the appeal:
Hal B. Greenberg, Esq.
35 East Grassy Sprain Road
Suite 507
Yonkers, New York 10710
(914) 793-3700
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 June 25, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent and the law guardian to serve and file their briefs in the above-entitled appeal is enlarged until November 21, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4079
A/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-07178 In the Matter of Luis Torres, appellant, v Glenn Goord, etc., respondent. (Index No. 3902/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated February 4, 2003, as a poor person, for waiver of the filing fee, for a free transcript, 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 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 for a free transcript, waiver of the filing fee, and the 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 December 15, 2003.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4081
A/sl
GLORIA GOLDSTEIN, J.P.
THOMAS A. ADAMS
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2001-01778, 2001-01779
In the Matter of Ryan W. (Anonymous). Administration for Children's Services, petitioner; Lavasha M. (Anonymous), respondent-respondent; Monica Drinane, nonparty-appellant. (Proceeding No. 1) In the Matter of Raihannah M. (Anonymous). Administration for Children's Services, petitioner; Lavasha M. (Anonymous), respondent-respondent; Monica Drinane, nonparty-appellant. (Proceeding No. 2) In the Matter of Jahlanie M. (Anonymous). Administration for Children's Services, petitioner; Lavasha M. (Anonymous), respondent-respondent; Monica Drinane, nonparty-appellant. (Proceeding No. 3) (Docket Nos. N-20541-00. N-20542-00, N-20543-00)
| DECISION & ORDER ON MOTION |
Appeals by the Law Guardian from two orders of the Family Court, Kings County, both dated February 23, 2001. By order to show cause dated July 21, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings as abandoned.
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed as abandoned, without costs or disbursements (see 22 NYCRR 670.8[e]).
GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4018
M/mv
|
2003-07232
In the Matter of George Wendell, appellant, v Jenny Wendell, respondent. (Docket No. V-5900-02)
| SCHEDULING ORDER |
Appeal by George Wendell from an order of the Family Court, Orange County, dated July 16, 2003. By decision and order on motion of this court dated October 20, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Robert Reno, Esq.
143 Pike Street
P.O. Box 1108
Port Jervis, New York 12771
856-5335
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 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 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 the order of this court dated October 20, 2003, has been served upon the clerk of the court from which the appeal is taken, 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3956
M/mv
|
2003-06075
In the Matter of Penny L. Whitman, appellant, v Kenneth B. Whitman, respondent. (Docket No. V-4152-98)
| SCHEDULING ORDER |
Appeal by Penny L. Whitman from an order of the Family Court, Suffolk County, dated June 30, 2003. By decision and order on motion of this court dated October 22, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Stanley E. Gelzins, Esq.
83 Pleasant Street
Huntington, New York 11743
(631) 271-0598
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 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 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 the order of this court dated October 22, 2003, has been served upon the clerk of the court from which the appeal is taken, 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M4090
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2001-00949 DECISION & ORDER ON MOTION The People, etc., respondent, v Michael Antinuche, appellant. (Ind. No. 626/00)
|
On the court's own motion, it is
ORDERED that the decision and order on motion of this court, dated May 29, 2003, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Queens County, rendered January 10, 2001, is recalled and vacated; and it is further,
ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.
The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4091
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-05971
The People, etc., respondent, v Brian Banister, appellant.
(Ind. No. 2587-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered June 12, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co., - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 3403
Green Haven Corr. Fac.
Box 4000
Stormville, New York 12582
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4092
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-07345
The People, etc., respondent, v Mario Canales, appellant.
(Ind. No. 367-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered July 23, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co., - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 R 4018
Oneida Corr. Fac.
6100 School Road
Rome, New York 13440
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4093
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-05464
The People, etc., respondent, v Mario Gomez, appellant.
(Ind. No. 2689-01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered May 29, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co., - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 R 3139
Gouverneur Corr. Fac.
Scotch Settlement Road - Box 370
Gouverneur, New York 13642
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4094
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-07953
The People, etc., respondent, v Wandell Goodwin, appellant.
(Ind. No. 192-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, rendered August 20, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co., - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 R 4578
Ulster Corr. Fac.
Box 800 - Berme Road
Napanoch, New York 12458
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4095
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-07221
The People, etc., respondent, v Carl Jackson, appellant.
(Ind. No. 2934-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered July 28, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co., - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 R 4160
Gowanda Corr. Fac.
Box 350 - South Road
Gowanda, New York 14070
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4100
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-02308
The People, etc., respondent, v Peter LaRocco, appellant.
(Ind. No. 02-00186)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Rockland County, rendered February 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 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:
James Licata
Office of the Public Defender
11 New Hemstead Road
New City, New York 10956-3664
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 1279
Cape Vincent Corr. Fac.
Rte. 12E, Box 739
Cape Vincent, New York 13618
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4080
A/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
1999-02047 DECISION & ORDER ON MOTION The People, etc., respondent, v Jeffrey Louisias, appellant. (Ind. No. 756/98)
|
Motion by assigned counsel for the appellant on an appeal from a judgment of the County Court, Nassau County, rendered February 25, 1999, for leave to provide the appellant with a copy of the presentence report.
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
M4096
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-07228
The People, etc., respondent, v John McGhee, appellant.
(Ind. No. 1413-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered July 14, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co., - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
Please make inquiry to the State Inmate Locator
New York State Department of Correctional Services
Telephone: (518) 457-0043
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4101
F/
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
1999-06601 The People, etc., respondent, v Anthony J. Mitchell, appellant. (Ind. No. 98-01660)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered June 21, 1999.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4102
F/
DAVID S. RITTER, J.P.
ANITA R. FLORIO
NANCY E. SMITH
HOWARD MILLER, JJ.
|
2002-04994 The People, etc., respondent, v Justin F. Mitchell, appellant. DECISION & ORDER ON MOTION
(Ind. No. 01-00709)
| Motion to File a Supplemental Brief |
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, Orange County, rendered May 15, 2002.
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
Appellant's address:
02 R 2579
Groveland Corr. Fac.
7000 Sonyea Road
Sonyea, New York 14556
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4098
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-05465
The People, etc., respondent, v Cornelius Page, appellant.
(Ind. No. 2091-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered May 7, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co., - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
P.O. 147
Southhampton, New York 11968
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4165
K/sl
ANITA R. FLORIO, J.
|
2003-02206 The People, etc., respondent, v George Philips, appellant.
(Ind. No. 3717/97)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
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 January 30, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is granted; the defendant is granted leave to appeal from the order of the County Court, Nassau County, dated January 30, 2003, made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
ANITA R. FLORIO
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4156
T/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
STEPHEN G. CRANE, JJ.
|
2001-02613 The People, etc., respondent, v Jose Ramos, appellant. (Ind. No. 5674/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Kings County, rendered March 21, 2001.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4097
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-06368
The People, etc., respondent, v Martin Scott, appellant.
(Ind. No. 193-90)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered June 19, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co., - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 3986
Arthur Kill Corr. Fac.
2911 Arthur Kill Road
Staten Island, New York 10309
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4099
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-07230
The People, etc., respondent, v John Walker, appellant.
(Ind. No. 133-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered July 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:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co., - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 3968
Altona Corr. Fac.
555 Devils Den Road
Altona, New York 12910
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4188
E/sl
NANCY E. SMITH, J.P.
SONDRA MILLER
LEO F. McGINITY
ROBERT W. SCHMIDT, JJ.
|
1995-08871
The People, etc., respondent, v Floyd White, appellant. (Ind. No. 472/95)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated August 10, 1995, as abandoned, and motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motions, and the papers filed in opposition thereto, it is
ORDERED that the respondent's motion is denied with leave to renew if on or before December 29, 2003, the appellant does not renew his motion for leave to prosecute the appeal as a poor person and for the assignment of counsel; and it is further,
ORDERED that the appellant's motion is denied, with leave to renew on or before December 29, 2003, 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.
SMITH, J.P., S. MILLER, McGINITY and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk