Appellate Division: Second Judicial Department

M32259

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-06084 Florence Baumoel, respondent, v Joseph Baumoel, appellant. (Index No. 1499/96)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 23, 2004.

Upon the stipulation of the attorneys for the respective parties, dated June 21, 2005, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32258

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-08828 Florence Baumoel, respondent, v Joseph Baumoel, appellant. (Index No. 1499/96)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 22, 2004.

Upon the stipulation of the attorneys for the respective parties, dated June 21, 2005, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32247

Y/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-00443 Kenneth Bengard, appellant, v Theresa Bengard, respondent. (Index No. 6035/99)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Richmond County, dated November 23, 2004, on the ground that no appeal lies from an order denying a motion to resettle the decretal paragraphs of a judgment (see Blaustein v Blaustein, 145 AD2d 591; Julis v Julis, 297 AD2d 783), or, in the alternative, for an enlargement of time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied, without prejudice to raising the issue in the respondent's brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until December 15, 2005, and the respondent's brief must be served and filed on or before that date.

H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32230

S/sl

2004-10861, 2004-10864, 2005-00071 Companion Life Insurance Company of New York, appellant, v All State Abstract Corp., etc., et al., respondents. (Appeals No. 1, 2, and 3) 2004-10867 Companion Life Insurance Company of New York, appellant-respondent, v All State Abstract Corp., respondent-appellant, Angela Wallace, etc., respondent. (Appeal No. 4) (Index No. 12117/03)

ORDER ON APPLICATION

Application by Allstate Abstract Corp. the respondent on appeals from three orders of the Supreme Court, Nassau County, all dated November 22, 2004 (Appellate Division Docket Nos. 2004-10861, 2004-10864, and 2005-00071), and the respondent-appellant on an appeal and cross appeal from an order of the same court, also dated November 22, 2004 (Appellate Division Docket No. 2004-10867), pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file its brief.

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

ORDERED that Allstate Abstract Corp. shall serve and file its answering brief, including its points of argument on its cross appeal on or before December 19, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the plaintiff shall serve and file its reply brief on or before January 24, 2006; and Allstate Abstract Corp. shall serve and file its reply brief on its cross appeal on or before February 10, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32249

L/

2005-06807 Carlos Cortez, respondent, v Toodles Taxi, Inc., et al., appellants. (Index No. 24483/03)

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 3, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32210

Y/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-01111, 2005-01113 Howard Fredriksen, appellant, v Myrna K. Fredriksen, et al., respondents. (Index No. 1244/04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to serve and file a supplemental record on appeals from two orders of the Supreme Court, Putnam County, dated December 9, 2004, and January 6, 2005, respectively. Cross application by the respondents to enlarge the time to serve and file a brief.

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

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

ORDERED that on or before December 20, 2005, the appellant shall serve and file a supplemental record containing the exhibits attached to the instant motion papers; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until January 23, 2006, and the respondents' brief must be served and filed on or before that date.

COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32207

E/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-09253 Rosalia Friedman, respondent, v Crystal Ball Group, Inc., appellant. (Index No. 8851/05)

DECISION & ORDER ON MOTION

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32226

S/sl

2005-03144 Dorothy Goldblum, etc., et al., respondents, v Franklin Munson Fire District, et al., appellants. (Index No. 2989/03)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, entered December 16, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 16, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32235

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-07920 Oniel Guy, et al., respondents, v La Wenger Contracting Company, appellant. (Index No. 44402/99)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated August 3, 2004.

Upon the stipulation of the attorneys for the respective parties, dated October 28, 2005, it is

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

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32239

L/

2005-04548 Peter D. Hancock, respondent, v Barbara Hancock, appellant. (Index No. 15878/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a decision of the Supreme Court, Westchester County, dated April 18, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32227

S/sl

2005-06069 High Point of Hartsdale I Condominium, et al., respondents, v AOI Construction, Inc., a/k/a AOI Restoration, Inc., et al., appellants. (Index No. 21536/02)

ORDER ON APPLICATION

Application by the respondent AOI Construction, Inc., a/k/a AOI Restoration, 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, Westchester County, dated May 25, 2005.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until November 25, 2005, and the movant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32267

L/

2005-08813 Friday Imihavan, et al., respondents, v Evelyn Sanchez, et al., appellants. (Index No.38512/02)

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 August 8, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32255

L/

2005-07401 J. G. Cerasuolo Construction, Inc., appellant, v Patrice Tyler, respondent (and a third-party action). (Index No. 12933/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 30, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32257

L/

2005-07422 Sonya Jagesar, et al., respondents, v Bibi S. Mohanlall, et al., appellants. (Index No. 28843/00)

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 May 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32238

L/

2005-07177 Besik Jighauri, et al., appellants, v Lynda D'Aquino, et al., respondents. (Index No. 17215/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 26, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32234

Y/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2003-10841 Lillian Katz, appellant, v State of New York, respondent. (Claim No. 106346)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Court of Claims dated November 3, 2003, which was determined by decision and order of this court dated May 23, 2005.

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

ORDERED that the motion is denied.

COZIER, J.P., RITTER, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32134

C/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-07897, 2005-07898, 2005-07899 Bruce Kelley, et al., respondents, v Gregory Chavez, appellant, et al., defendants. (Appeal Nos. 1 and 2) Bruce Kelley, et al., respondents, v Gregory Chavez, et al., defendants, Kristina Huser, appellant. (Appeal No. 3) (Index No. 26613/04)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from three orders of the Supreme Court, Queens County, all dated July 27, 2005, in effect, to amend so much of a decision and order on motion of this court dated September 7, 2005, as conditioned a stay of enforcement of a judgment of the same court dated April 7, 2005, among other things, upon perfection of the appeals by October 23, 2005, and to change the date by which the appeals must be perfected to February 10, 2006. Cross motion by the respondents for leave to reargue the appellants' prior motion for a stay, and upon reargument, to direct the appellants to post an undertaking.

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

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

 ORDERED that the stay of enforcement of the judgment dated April 7, 2005, granted by the decision and order on motion of this court dated September 7, 2005, is vacated; and it is further,

ORDERED that the cross motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32268

L/

2005-07339 Aleksandra Kolacz, appellant, v Church of Saint Patrick, respondent. (Index No. 50869/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated June 17, 2005.

Upon the stipulation of the parties, dated November 2, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32214

R/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-05037 Eileen Leibowitz, appellant, v Cazim Gjaferoj, et al., respondents. (Index No. 768/99)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondents Cazim Gjaferoj and Hajrija Gjaferoj to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated May 22, 2003, on the ground that the appeal was not timely taken.

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]).

COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32254

Y/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-08092 Ramon Marin, appellant, v Bharatkumar K. Patel, et al., respondents. (Index No. 18803/03)

DECISION & ORDER ON MOTION

Motion by the respondents Bharatkumar K. Patel and Nirmel Singh and separate motion by the respondent Richard Jenkins to dismiss an appeal from an order of the Supreme Court, Richmond County, dated September 15, 2003, on the ground that the appeal was not timely taken.

Cross motion by the appellant to deem the appeal timely taken.

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

ORDERED that the matter is remitted to the Supreme Court, Richmond County, to hear and report on the issue of if, or when, the order with notice of entry was served upon the attorney for the appellant, and the motion is held in abeyance in the interim. The Supreme Court, Richmond County, shall file its report with all convenient speed.

H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32218

S/sl

2005-04004 Richard P. Massimi, respondent, v Melissa A. Massimi, appellant. (Index No. 4975/03)

ORDER ON APPLICATION

ORDERED that the order on application of this court dated October 17, 2005, in the above-entitled action is amended by deleting from the decretal paragraph thereof the date "November 4, 2005," and substituting therefor the date "November 14, 2005".

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32233

S/sl

2005-04305 Audrey McClaren, appellant, v Bell Atlantic, et al., respondents. (Action No. 1) (Index No. 20288/98) Audrey McClaren, appellant, v City of New York, respondent. (Action No. 2) (Index No. 24769/96)

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 January 18, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 16, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32236

Y/sl

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2003-10064 Marie McGuire, respondent, v Sterling Doubleday Enterprises, L.P., et al., appellants. (Index No. 4456/03)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated September 11, 2003, which was determined by decision and order of this court dated June 27, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

PRUDENTI, P.J., COZIER, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32263

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-00766 Marie Michel, respondent, v Mainco Elevators Industries, Inc., defendant, Long & DeLosa, appellant. (Index No. 34956/01)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 7, 2004.

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

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

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32204

E/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-09169 Mortgage Electronic Registration Systems, Inc., etc., respondent, v Magline Richberg, appellant. (Index No. 17812/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated August 18, 2005, to stay enforcement of a judgment of the same court dated June 30, 2005, pending hearing and determination of the appeal.

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

ORDERED that the motion is granted and enforcement of the judgment dated June 30, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 9, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 9, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32211

R/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-02370, 2005-04367 Susan G. Naversen, etc., respondent, v George E. Gaillard, et al., appellants. (Index No. 3099/04)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent on appeals from two orders of the Supreme Court, Orange County, dated January 11, 2005, and March 24, 2005, to dismiss the appeal from the order dated March 24, 2005, on the ground that no appeal lies from an order denying reargument.

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

ORDERED that the motion is held in abeyance and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.

COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32229

S/sl

2005-02151 Samuel Neuman, appellant, v Zurich North America, a/k/a Zurich American Insurance Company, et al., respondents, et al., defendants. (Index No. 3104/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an amended order of the Supreme Court, Kings County, dated January 11 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 7, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32228

S/sl

2005-03738 John Pachomski, respondent, v Karen Pachomski, appellant. (Index No. 3847/00)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Suffolk County, entered March 11, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 27, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32266

L/

2005-05714 Anthony Perrone, respondent, v Winifred Wheeler, et al., appellants. (Index No. 11225/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Suffolk County, dated April 26, 2005.

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

ORDERED that the applications are granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32250

L/

2005-04789 Sohail Pinto, etc., et al., respondents, v New York Hospital of Queens, f/k/a Booth Memorial Hospital Center, et al., appellants. (Index No. 4941/98)

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 1, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32243

L/

2005-07509 Rockland Coaches, Inc., respondent, v Town of Clarkstown, et al., appellants. (Index No. 2926/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated June 15, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32232

S/sl

2005-07872 Katherine Roethgen, respondent, v AMF Babylon Lanes, et al., appellants. (Index No. 26341/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated July 5, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32213

Y/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-01251 Rita Ross, appellant, v Clyde-Beatty-Cole Brothers Circus, et al., respondents. (Index No. 916/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Putnam County, dated December 23, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

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

ORDERED that the motion is granted.

COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32248

L/

2005-03420 Mark Scott, respondent-appellant, v City of New York, appellant-respondent. (Index No. 438/98)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal and cross appeal from a judgment of the Supreme Court, Kings County, entered March 9, 2005.

Upon the stipulation of the parties, dated October 31, 2005, it is

ORDERED that the appeal and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32261

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03097 Carla Smith, respondent, v Robert Fabisenski, appellant. (Index No. 25722/03)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 14, 2005.

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

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

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32256

L/

2005-06435 Medine Suleymanova, respondent, v Oliver Marchal, et al., appellants. (Index No.19968/03)

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 May 16, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32206

S/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-05054 Sun Ho Chung, respondent, v Jeong Sook Joh, et al., appellants, et al., defendant. (Index No. 718/03)

DECISION & ORDER ON MOTION

Motion by the appellant Han Kook Gates to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated April 5, 2005.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32241

L/

2005-04529 Betsy Lee Turner-Gati, respondent, v Ivan Gati, appellant. (Index No. 15477/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a decision of the Supreme Court, Westchester County, dated April 14, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32260

L/

2005-06271 United Information Technology, Inc., respondent, v Inlink Internationl, Inc., appellant. (Index No. 1133/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Dutchess County, dated June 8, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32264

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06305 Linda M. Wagner, respondent, v Island Medical Care, P.C., et al., defendants, Kris Subramani, appellant. (Index No. 2399/03)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 16, 2005.

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

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

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32215

R/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2004-07603 Alice Wilson, appellant, v City of New York, et al., respondents. (Index No. 1519/03)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - April 2005 Calendar", dated May 10, 2005, as dismissed an appeal from an order of the Supreme Court, Queens County, dated April 23, 2004, pursuant to 22 NYCRR 670.8(h) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is denied.

COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32269

L/

2005-07267 Yuan Chi Chuu, appellant, v Chrysler Financial Company, et al., respondents. (Index No. 18616/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, entered June 21, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32209

E/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-02523 Michael Zafran, appellant, v Lisa Zafran, respondent. (Index No. 26917-98)

DECION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Nassau County, dated February 4, 2005, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32094

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-02277 In the Matter of Michael A. (Anonymous). Laurie J. (Anonymous), et al., respondents; Michael T. (Anonymous), appellant. (Docket Nos. V-2931-00, A-192-03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, dated February 18, 2005, for a reconstruction hearing with respect to the minutes of a hearing held before the Family Court, Suffolk County, on February 18, 2005.

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

ORDERED that the motion is granted, and the matter is referred to the Family Court, Suffolk County, for a reconstruction hearing with respect to the proceedings conducted in the above-entitled case before Judge Lehman on February 18, 2005; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two typewritten transcripts of the stenographic minutes of the reconstruction hearing, once said hearing has been completed, and the Clerk of the trial court shall furnish one of those certified transcripts to the appellant's counsel, without charge; appellant's 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 appellant's counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32107

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-08125, 2005-08126 In the Matter of Tatiana D. (Anonymous), appellant. (Docket No. D-8498-05)

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

Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Queens County, dated June 23, 2005, and July 29, 2005, respectively, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the Law Guardian, Robert S. Modena, Esq., 42-19A Bell Boulevard, Bayside, New York 11361, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:

Lewis S. Calderon, Esq.

90-50 Parsons Blvd. - Suite 405

Jamaica, New York 11432

(718) 883-1560

and it is further,

ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32102

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-07769 In the Matter of James Gleeson, appellant, v Isabel Restrepo, respondent. (Docket No. V-1041-99)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated July 15, 2005, as a poor person, and for the assignment of counsel.

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

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

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

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

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

Richard L. Herzfeld, Esq.

555 Fifth Avenue - 14th Floor

New York, New York 10017

(212) 986-5316

and it is further,

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

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

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32231

L/

2005-08972 In the Matter of Robin S. Pagano, respondent, v Richard L. Phillips, appellant. (Docket No. F-00731/05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated August 9, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32201

F/

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-09134 In the Matter of Amia S. (Anonymous). Westchester County Department of Social Services, respondent; Uniqua S., (Anonymous), appellant. (Docket No. N-15057-03)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Westchester County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Westchester County, dated August 29, 2005, and for leave to the appellant to prosecute the appeal as a poor person.

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

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

ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,

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

ORDERED that the stenographers(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

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

William E. Penny, Esq.

10 Forest Lane

Scarsdale, New York 10583

(914) 472-5664

and it is further,

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

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

COZIER, J.P., KRAUSMAN, SKELOS, and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32252

L/

2005-09789 In the Matter of Suffolk County Child Protective Services, petitioner, v Susan C. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Daniel L. (Anonymous), appellant, v Susan C. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. N-11794-04, N-11795-04, N-11796-04, V-16526-04, V-16527-04, V-16528-04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an undated order of the Family Court, Suffolk County.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32096

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-02016 In the Matter of Camille May Voutour, appellant, v Dianna S. Mazzarese, et al., respondents. (Docket No. V-25217-03)

DECISION & ORDER ON MOTION

Motion by the respondent Dianna S. Mazzarese for leave to defend an appeal from an order of the Family Court, Kings County, dated January 26, 2005, as a poor person and for the assignment of counsel.

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

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

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

Kenneth M. Tuccillo, Esq.

251 East 61st Street

New York, New York 10021

(914) 439-4843

and it is further,

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

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32130

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-03188 The People, etc., respondent, v Filiberto Aller, appellant. (Ind. No. 310/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an

appeal from a judgment of the Supreme Court, Queens County, rendered March 24, 2004.

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

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

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before January 9, 2006.

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32181

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-05756, 2002-05758 The People, etc., respondent, v Jason Balalaos, appellant. (Ind. Nos. 2339/98, 2340/98)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned appeals from two judgments of the County Court, Nassau County, both rendered June 20, 2002.

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

ORDERED that the motion is granted and the appeals are dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32178

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-03768 The People, etc., respondent, v Atif Bashir, appellant. (Ind. No. 1300-02)

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, Suffolk County, rendered March 21, 2003.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32199

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-09494 The People, etc., plaintiff, v David Beckford, defendant. (S.C.I. No. 04-00566)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Orange County, rendered November 15, 2004.

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

ORDERED that the motion is denied.

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32179

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-08853 The People, etc., respondent, v Joel Beecham, appellant. (Ind. No. 2588-01)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Suffolk County, rendered July 25, 2002.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32164

F/

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-08996 The People, etc., respondent, v James Belter, appellant. (Ind. No. 04-00919)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered August 30, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Barry E. Warhit, Esq.

399 Knollwood Road - Suite 206

White Plains, New York 10603

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

COZIER, J.P., KRAUSMAN, SKELOS, and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 4592

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M32180

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-02789 The People, etc., respondent, v Jose O. Benitez, appellant. (Ind. No. 1955-01)

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, Suffolk County, rendered February 13, 2003.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32177

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-00218 The People, etc., respondent, v Kizzy Benjamin, appellant. (Ind. No. 1919-03)

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, Suffolk County, rendered October 20, 2003.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32186

F/

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-03759 The People, etc., respondent, v Robert Bevins, appellant. (Ind. No. 04-00816)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an

appeal from a judgment of the County Court, Orange County, rendered April 13, 2005.

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

ORDERED that the motion is denied

COZIER, J.P., KRAUSMAN, SKELOS, and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32128

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-05350 The People, etc., respondent, v Marquise Boynton, appellant. (Ind. No. 02-00007)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Westchester County, rendered June 2, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 4586

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582

Appellate Division: Second Judicial Department

M32212

Y/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

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

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered June 16, 2003.

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

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

ORDERED that the respondent's time to serve and file a brief is enlarged until December 1, 2005, and the respondent's brief must be served and filed on or before that date.

COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32065

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2001-05692 The People, etc., respondent, v Howard Campbell, appellant. (Ind. No. 6218/00)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion of this court, dated March 2, 2004, 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, Kings County, rendered June 18, 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., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32170

F/

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-09492 The People, etc., respondent, v Neilasan Chung, appellant. (Ind. No. 05-00092)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered September 6, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Stephen J. Pittari, Esq.

Legal Aid Society of Westchester County

One North Broadway, 9th Floor

White Plains, New York 10601

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.

COZIER, J.P., KRAUSMAN, SKELOS, and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M32149

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-09209 The People, etc., respondent, v Ronald Colt, appellant. (Ind. No. 03-01698 )

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Westchester County, rendered June 16, 2005, and for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is to extend the time to take the appeal is granted; and it is further,

ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction.

H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32185

F/

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-09123 The People, etc., plaintiff, v Victor Correa, defendant. (Ind. No. 3134/04)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered May 19, 2005.

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

ORDERED that the motion is denied.

COZIER, J.P., KRAUSMAN, SKELOS, and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32203

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-08314 The People, etc., respondent, v Alex Devaughn, appellant. (Ind. No. 749/02)

DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes

Renewed motion by the retained counsel for the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Queens County, rendered September 9, 2004, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.

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

ORDERED that the branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); retained counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the Trial Court is directed to reproduce a copy thereof for retained counsel; and it is further,

ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged. Retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

Dale L. Smith, Esq.

The Soho Building

110 Greene Street - Suite 1102

New York, New York 10012

Appellate Division: Second Judicial Department

M32067

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03013 The People, etc., respondent, v Brendan Donahue, appellant. (Ind. No. 2754-03)

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 March 7, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 1374

Five Points Corr. Fac.

State Route 96 - P.O. Box 119

Romulus, New York 14541

Appellate Division: Second Judicial Department

M32188

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-04524 The People, etc., respondent, v Corey Edwards, appellant. (Ind. No. 2464/00)

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 County Court, Nassau County, rendered April 19, 2002.

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

ORDERED that the motion is denied

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32192

F/

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-08950 The People, etc., plaintiff, v Anthony Foreman, defendant. (Ind. No. 2707/02)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Nassau County, rendered October 12, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

COZIER, J.P., KRAUSMAN, SKELOS, and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5683

Oneida Corr. Fac.

6100 School Road

Rome, New York 13440

Appellate Division: Second Judicial Department

M32198

F/

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-08644 The People, etc., respondent, v Bernard Freemen, appellant. (Ind. No. 2007/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered August 5, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32068

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-08527, 2005-08529 The People, etc., respondent, v Darnell Giles, appellant. (Ind. Nos. 2030-04, 378-05)

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 appeals from two judgments of the County Court, Suffolk County, both rendered July 21, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeals, 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 appeals:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals 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 appeals; 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 appeals are taken.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 R 3367

Cape Vincent Corr. Fac.

P.O. Box 599

Cape Vincent, New York 13618

Appellate Division: Second Judicial Department

M32182

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-10619 The People, etc., respondent, v Karvia Hamilton, appellant. (Ind. No. 03-00890)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered September 21, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 A 5214

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Appellate Division: Second Judicial Department

M32196

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-08525 The People, etc., respondent, v Steven Hobson, appellant. (Ind. No. 2362-04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered August 4, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and (2) the amount and source of counsel fees paid to retained counsel.

H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32200

F/

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-05699 The People, etc., respondent, v Devon Howard, appellant. (Ind. No. 2606/04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered May 24, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Christopher Seeds, Esq.

P.O. Box 6725 - FDR Station

New York, New York 10150

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.

COZIER, J.P., KRAUSMAN, SKELOS, and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 3163

Coxsackie Corr. Fac.

P.O. Box 999

Coxsackie, New York 12051-0999

Appellate Division: Second Judicial Department

M32171

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-07257 The People, etc., respondent, v Dennis Hunt, appellant. (Ind. No. 1073/03)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered July 27, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Christopher Seeds, Esq.

P.O. Box 6725 - FDR Station

New York, New York 10150

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4737

Clinton Corr. Fac.

Box 2002

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M32132

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-03925 The People, etc., respondent, v Gardy Jean-Baptiste, appellant. (Ind. No. 5780/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered April 19, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 A 2387

Southport Corr. Fac.

Box 2000

Pine City, New York 14871

Appellate Division: Second Judicial Department

M32069

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-08535 The People, etc., respondent, v Joseph Killimayer, appellant. (Ind. No. 21/05)

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, Dutchess County, rendered August 4, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Carol Kahn, Esq.

225 Broadway - Suite 1510

New York, New York 10007

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 4292

Downstate Corr. Fac.

Box F - Red Schoolhouse Road

Fishkill, New York 12524-0445

Appellate Division: Second Judicial Department

M32148

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-07378 The People, etc., respondent, v Jerome Lowery, appellant. (Ind. No. 05-01448)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Rockland County, rendered June 23, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32191

F/

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-08942 The People, etc., plaintiff, v Michael Lutchman, defendant. (Ind. No. 2605/04)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Nassau County, rendered July 8, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

COZIER, J.P., KRAUSMAN, SKELOS, and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 3934

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M32183

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-08836 The People, etc., respondent, v Daniel Meleance, appellant. (Ind. No. 04-00478 )

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 August 17, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

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.

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 R 3612

Ulster Corr. Fac.

P.O. Box 800

Napanoch, New York 12458

Appellate Division: Second Judicial Department

M32174

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-08972 The People, etc., respondent, v Jackson Metellus, appellant. (Ind. No. 2910/02)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered September 24, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32184

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-09213 The People, etc., plaintiff, v Calvin D. Parker, defendant. (Ind. No. 1592-04)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Suffolk County, rendered November 4, 2004.

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

ORDERED that the motion is denied.

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32066

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-08425 The People, etc., respondent, v Angelo Passalacqua, appellant. (Ind. No. 1020-04)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, rendered August 23, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

45 Maiden Lane

Patchogue, New York 11772

Appellate Division: Second Judicial Department

M32189

F/

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-08941 The People, etc., plaintiff, v Christopher Peterson, defendant. (Ind. No. 04-00200)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Orange County, rendered July 12, 2004.

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

ORDERED that the motion is denied (see CPL 460.30[1]).

COZIER, J.P., KRAUSMAN, SKELOS, and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32187

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-07324 The People, etc., respondent, v Comfort Pinckney, appellant. (Ind. No. 1497/00)

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, Queens County, rendered July 29, 2003.

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

ORDERED that the motion is denied

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32144

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-08641, 2005-08642 The People, etc., respondent, v Michael Scoca, appellant. (Ind. No. 01-00793, 04-00742)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two judgments of the County Court, Westchester County, both rendered August 10, 2005, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and (2) 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, and (3) the amount and source of funds used to make a partial restitution payment.

H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32070

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-08331, 2005-08332 The People, etc., respondent, v Charles Smith, appellant. (Ind. Nos. 03-01725, 04-00060)

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 appeals from two judgments of the County Court, Westchester County, both rendered August 15, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeals, 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 appeals:

Thomas T. Keating, Esq.

6 Chester Avenue

White Plains, New York 10601

and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals 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 appeals; 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 appeals are taken.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 4356

Downstate Corr. Fac.

Box F - Red Schoolhouse Road

Fishkill, New York 12524-0445

Appellate Division: Second Judicial Department

M32169

F/

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-08640 The People, etc., respondent, v Baisil Trotman, appellant. (Ind. No. 03-00769)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered August 10, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Charles O. Lederman, Esq.

15 Avondale Road

White Plains, New York 10605

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.

COZIER, J.P., KRAUSMAN, SKELOS, and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M32168

F/

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-09409 The People, etc., respondent, v Coreena Ward, appellant. (Ind. No. 05-00325)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered September 12, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Raymond E. Kerno, Esq.

1527 Franklin Avenue

Mineola, New York 11501

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

COZIER, J.P., KRAUSMAN, SKELOS, and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

92 G 0149

Bedford Hills Corr. Fac.

247 Harris Road

Bedford Hills, New York 10507

Appellate Division: Second Judicial Department

M32202

F/

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-08143 The People, etc., respondent, v Raymond C. White, appellant. (Ind. No. 118/04)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered August 5, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Steven A. Feldman, Esq.

626 EAB Plaza

West Tower - 6th Floor

Uniondale, New York 11556

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.

COZIER, J.P., KRAUSMAN, SKELOS, and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 R 3532

Ulster Corr. Fac.

P.O. Box 800 - Berme Road

Napanoch, New York 12458-0800