APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4270

CF/

2003-05720 Joseph Aievoli, appellant, v Catherine Spitale, respondent. (Index No. 111/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 28, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4263

CF/

2003-04922 Sheila Axelrod, appellant, v Jeo Y. Kim, et al., respondents. (Index No. 3451/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 7, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4330

L/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2003-03142 John Butler, respondent, v Victoria Wynter, appellant. (Index No. 28259/99)

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 March 28, 2003.

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

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

ALTMAN, J.P., S. MILLER, GOLDSTEIN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4354

M/sl

2003-04086 Anthony Campagna, et al., respondents, v Julie Arleo, et al., appellants, et al., defendants. (Index No. 4106/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 21, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 17, 2003, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4260

CF/

2003-06078 Helen Chorney, respondent, v Anthony Spiak, etc., appellant. (Index No. 5282/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated June 6, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4276

C/sl

SONDRA MILLER, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-02592, 2003-04717 First Franklin Square Associates, LLC, plaintiff- respondent, v Franklin Square Property Account, et al., defendants-respondents, Franklin Square 2001, LLC, et al., appellants. (Index No. 2611/02) 2003-05662 Town of Hempstead, respondent-appellant, et al., plaintiff, v Franklin Realty 710, LLC, et al., appellants-respondents. (Index No. 4475/03) 2003-06709 Payless Shoesource, Inc., appellant, v Franklin Realty 710, LLC, et al., respondents. (Index No. 5036/03)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to (1) consolidate an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated February 6, 2003 (Appellate Division Docket No. 2003-02592) with an appeal and cross appeal from an amended order and judgment of the same court dated April 4, 2003 (Appellate Division Docket No. 2003-04717), (2), in effect, to calendar those appeals and cross appeal with appeals and a cross appeal from an order of the same court entered May 20, 2003 (Appellate Division Docket No. 2003-05662) and with an appeal from an order of the same court entered June 4, 2003 (Appellate Division Docket No. 2003-06709), and (3) to enlarge the time to perfect the appeals from the order and judgment and the amended order and judgment.

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

ORDERED that the branch of the motion which is to consolidate the appeal from the order and judgment with the appeal and cross appeal from the amended order and judgment is denied as unnecessary (see 22 NYCRR 670.7[c][i]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the order and judgment and the amended order and judgment is granted; the time to perfect those appeals is enlarged until December 18, 2003; and it is further,

ORDERED that the branch of the motion which is, in effect, to calendar the appeal from the order and judgment and the appeal and cross appeal from the amended order and judgment together with the appeals and cross appeal from the order entered May 20, 2003, and the appeal from the order entered June 4, 2003, is granted; and it is further,

ORDERED that the motion is otherwise denied.

S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4157

M/mv

2003-05692, 2003-05693 Patricia Flores, respondent, v Harry Flores, Jr., appellant. (Index No. 23232/02)

ORDER TO SHOW CAUSE

Appeals by Harry Flores, Jr., from two orders of the Supreme Court, Suffolk County, dated May 8, 2003, and May 16, 2003, respectively. By scheduling order dated September 25, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Supreme Court proceeding to be transcribed for the appeals; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeals.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the scheduling order dated September 25, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 28, 2003; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4298

L/

2003-02537 Four Ds Realty Corporation, respondent, v Fred Werner, et al., appellants. (Index No. 12770/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 3, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4315

A/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-09434, 2003-09435 Samuel Friedler, et al., respondents, v Vassiliki Palyompis, et al., defendants, Coldwell Banker, Inc., appellant. (Index No. 22821/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of stated portions of two orders of the Supreme Court, Kings County, both dated September 18, 2003, pending hearing and determination of appeals therefrom.

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

ORDERED that the motion is denied.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4268

CF/

2003-07459 Dorothy Fyall, plaintiff-respondent, v Javier Mungia, defendant third-party plaintiff- respondent; Westchester Department of Transportation, et al., third-party defendants-appellants. (Index No. 8873/01)

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 July 14, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4275

CF/

2003-05306 Linda Gordon, respondent, v Strickland Mill Corporation, et al., appellants. (Index No. 22213/01)

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 May 5, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4246

M/mv

2003-04369 William Hongach, appellant, v City of New York, et al., respondents. (Index No. 27183/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 30, 2003.

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged, and the record on the appeal and the appellant's brief, which were submitted to the Clerk of this court on November 10, 2003, are accepted for filing.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4223

T/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM D. FRIEDMANN

ROBERT W. SCHMIDT, JJ.

2000-06046 Henry Johnson, respondent, v Kings County District Attorney's Office, et al., appellants. (Index No. 44919/98)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this court, dated August 11, 2003, which determined an appeal from an order of the Supreme Court, Kings County, dated May 19, 2000.

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

ORDERED that the motion is denied.

S. MILLER, J.P., KRAUSMAN, FRIEDMANN and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4258

CF/

2003-06544 Aleksandar Kocoski, appellant, v Mayflower Transit, Inc., et al., respondents. (Index No. 24592/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 7, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4266

CF/

2003-03613 Kathleen Lawlor, appellant, v Altagracia Mateo, et al., respondents. (Index No. 20317/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 18, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4267

CF/

2003-02946 Leonarda Masiello, respondent-appellant, v Efficiency Devices, Inc., appellant-respondent. (Index No. 5481/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Kings County, dated February 23, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4329

S/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-04215 Louis Morse, appellant, v Lynn A. Morse, respondent. (Index No. 2246/01)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Orange County, dated March 31, 2003.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the application to enlarge time is denied as academic.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4149

M/mv

2003-07773 Lorig Nercessian, respondent, v Chahe Nercessian, appellant. (Index No. 202396/00)

ORDER TO SHOW CAUSE

Appeal by Chahe Nercessian from an order of the Supreme Court, Nassau County, entered August 6, 2003. By scheduling order dated September 26, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Supreme Court proceeding to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 26, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 28, 2003; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4323

C/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-03195 123X Corp., etc., respondent, v Beverly Ann McKenzie, et al., appellants. (Index No. 21978/95)

DECISION & ORDER ON MOTION

Motion by the appellant Ransford B. McKenzie, on behalf of both appellants, to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 26, 2003.

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 to the extent that the appellants' time to perfect the appeal is enlarged until January 15, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date, and the motion is otherwise denied.

We note that in the future, the appellant Beverly Ann McKenzie must appear on the appeal either by an attorney or in person (see CPLR 321[a]).

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4306

Y/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-06786 Susan Owen, et al., respondents, v Margaret Mackinnon, appellant. (Index No. 23065/99)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending the hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated June 3, 2003.

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

ORDERED that the motion is denied.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4262

CF/

2003-04134 Irwin Peters, et al., appellants, v Accurate Building Inspectors Division of Ubell Ent., Inc., respondent. (Index No. 45490/02)

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 April 1, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4351

L/

2003-02630 Candice Phaison, et al., respondents, v Anastsios Tzimas, appellant. (Index No. 11516/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 27, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4264

CF/

2003-03537 Milan Podrecca, et al., appellants, v Sudha Trivedi, et al., respondents. (Index No. 17977/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a decision of the Supreme Court, Nassau County, dated March 11, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4299

L/

2003-02540 Francis D. Pope, respondent, v Fred Werner, et al., appellants. (Index No.12769/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 6, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4317

C/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-06388, 2003-07887 John Puglisi, appellant, v Una Puglisi, respondent. (Index No. 19930/98)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Westchester County, dated August 5, 2003, pending hearing and determination of an appeal therefrom.

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 denied.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4346

M/sl

2002-10481 Julia Fernandez Ricatto, plaintiff-respondent, v Michael P. Ricatto, defendant-respondent; 346 East 13 LLC, et al., nonparty-appellants. (Index No. 19174/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated October 7, 2002.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 17, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4313

T/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-01827 Anthony Scardace, et al., respondents, v Mid-Island Hospital, Inc., et al., appellants. (Index No. 22223/92)

DECISION & ORDER ON MOTION

Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated February 4, 2003, and cross application by the appellants to stay the trial in the above-entitled action pending hearing and determination of the appeal in the event the motion is granted.

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

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

ORDERED that the respondents' time to serve and file a brief is enlarged until December 10, 2003, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the cross application is denied without prejudice to the appellants making a formal motion (see CPLR 8022, as amended by section 27 of bill A 2106-B).

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4158

M/mv

2003-06712 William Shamper, respondent, v Emily Shamper, appellant. (Index No. 03914/98)

ORDER TO SHOW CAUSE

Appeal by Emily Shamper from an order of the Supreme Court, Nassau County, dated May 9, 2003. By scheduling order dated September 25, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Supreme Court proceeding to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 25, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 28, 2003; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4372

T/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-08597 Ellen Thomas, et al., appellants, v County of Nassau, respondent. (Index No. 9766/02)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action and all motion practice relating to the first cause of action in the complaint pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, June 17, 2003.

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 denied.

PRUDENTI, P.J., SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4189

M/mv

2002-10639 2 North Broadway Food, Inc., appellant, v Getty Square Realty, Inc., respondent. (Index No. 11346/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Westchester County, dated October 8, 2002.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 12, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4261

CF/

2003-04998 Turner Construction Company, et al., plaintiffs-respondents, v Future Tech Consultants of New York, Inc., defendant- respondent, Travelers Insurance Companies, appellant. (Index No. 9997/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 29, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4331

O/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-01439 Pamela Vega, etc., et al., respondents, v Stimsonite Corporation, appellant, et al., defendants. (Index No. 6360/98)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 13, 2003, on the ground that the appeal has been rendered academic, or, in the alternative, to enlarge the time to serve and file a brief, and cross motion by the appellant to impose sanctions.

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

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

ORDERED that the respondents' time to serve and file a brief is enlarged until December 15, 2003, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

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

 ORDERED that the cross motion is denied.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4259

CF/

2003-02484 Vivian Wynter-Rashford, et al., respondents- appellants, v Enid Maud Beecher, appellant- respondent. (Index No. 12536/98)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated January 23, 2003.

Upon the stipulation of the parties, dated October 9, 2003, it is

ORDERED that the appeal and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4348

O/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-02309 In the Matter of Rafael Almeyda, appellant, v New York State Division of Parole, et al., respondents. (Index No. 7206/02)

DECISION & ORDER ON MOTION

Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Orange County, dated January 3, 2003.

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

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

ORDERED that the respondents' time to serve and file a brief is enlarged until November 24, 2003, and the respondents' brief must be served and filed on or before that date.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4163

M/mv

2003-02387 In the Matter of Susan Coyle, respondent, v Timothy Coyle, appellant. (Docket No. O-04878-02)

SCHEDULING ORDER

Appeal by Timothy Coyle from an order of the Family Court, Nassau County, dated February 13, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 23, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the respondent's brief in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4325

S/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-09229 In the Matter of Susan Dunkin-Pellegrini, appellant, v Charles Pellegrini, respondent. (Docket Nos. V-3059-03, V-946-02/03)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Appeal by Susan Dunkin-Pellegrini from an order of the Family Court, Westchester County, dated October 3, 2003.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as this appeal is a duplicate of an appeal which was pending under Appellate Division Docket No. 2003-08690, which was dismissed by decision and order on motion of this court dated October 23, 2003.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4310

T/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-08463 In the Matter of Emanuel F. (Anonymous), appellant, v John W. Finn, etc., respondent. (Index No. 22382/03

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated August 21, 2003, pending hearing and determination of an appeal therefrom, and cross motion by the respondent to dismiss the appeal on the ground that it has been rendered academic.

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

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

ORDERED that the cross motion is denied without prejudice to the respondent raising the issue in his brief.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3454

M/mv

2003-06325 In the Matter of Kaysey Dawn G. (Anonymous). St. Christopher Ottilie, respondent; Kimberly G. (Anonymous), appellant. (Docket No. B-5151-01)

ORDER TO SHOW CAUSE

Appeal by Kimberly G. from an order of the Family Court, Kings County, dated June 10, 2003. By scheduling order dated September 3, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 3, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 28, 2003; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4307

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-06667 In the Matter of Sharon Gaulman, appellant, v Donnell Williams, respondent. (Docket No. P-1759/93)

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, Queens County, dated June 18, 2003, as a poor person, and for the assignment of counsel.

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

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

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

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4161

M/mv

2003-06086 In the Matter of Allison E. Hassett, respondent, v Christopher A. Hassett, appellant. (Docket No. O-3930-03)

SCHEDULING ORDER

Appeal by Christopher A. Hassett from an order of the Family Court, Nassau County, dated June 4, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 24, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4320

Y/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-06523 In the Matter of Jols Realty Corp., appellant, v New York State Division of Housing and Community Renewal, et al., respondents. (Index No. 28491/02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order and judgment (one paper) of the Supreme Court, Kings County, dated March 19, 2003, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4273

CF/

2003-07364 In the Matter of George M. (Anonymous). New York State Office of Children & Family Services, appellant. (Docket No. D-01349/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated July 23, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3978

M/mv

2003-00316 In the Matter of Kyle M. (Anonymous). Suffolk County Department of Social Services, appellant-respondent; Marielena M. (Anonymous), et al., respondents; Margaret T. (Anonymous), intervenor-respondent-appellant. (Proceeding No. 1) In the Matter of Ariel M. (Anonymous). Suffolk County Department of Social Services, appellant-respondent; Marielena M. (Anonymous), et al., respondents; Margaret T. (Anonymous), intervenor-respondent-appellant. (Proceeding No. 2) In the Matter of Samantha M. (Anonymous). Suffolk County Department of Social Services, appellant-respondent; Marielena M. (Anonymous), et al., respondents; Margaret T. (Anonymous), intervenor-respondent-appellant. (Proceeding No. 3) In the Matter of Daniel M. (Anonymous). Suffolk County Department of Social Services, appellant-respondent; Marielena M. (Anonymous), et al., respondents; Margaret T. (Anonymous), intervenor-respondent-appellant. (Proceeding No. 4) (Docket Nos. B-5786-02, B-5787-02, B-5788-02, B-5789-02)

SCHEDULING ORDER

Appeal and cross appeal from an order of the Family Court, Suffolk County, dated December 9, 2002. The briefs and appendices were filed on August 22, 2003, and October 23, 2003. By decision and order of this court dated October 24, 2003, the following attorney was assigned as counsel for the respondent Marielena M.:

Richard L. Herzfeld, Esq.

555 Fifth Avenue - 17th Floor

New York, New York 10017

(212) 818-9019

Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the brief of the respondent Marielena M. in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4321

A/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-03284 In the Matter of David Mack, appellant, v Frank Tracy, et al., respondents. (Index No. 4669/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Dutchess County, dated March 7, 2003, to reduce the filing fee.

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

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

ORDERED that on the court's own motion the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until December 19, 2003.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4271

CF/

2003-03963 In the Matter of Michael A. Marlin, respondent, v Gary Zeh, et al., appellants. (Index No. 8290/02)

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 April 1, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4164

M/mv

2003-05103 In the Matter of Brandon Mejias, appellant, v Rosemary Aleman, respondent. (Docket No. V-16901/02)

SCHEDULING ORDER

Appeal by Brandon Mejias from an order of the Family Court, Kings County, dated May 29, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 23, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4155

M/mv

2003-07865, 2003-07868 In the Matter of Robert F. Nappi, appellant, v Camille Asaro Nappi, respondent. (Docket No. F-02167-02)

ORDER TO SHOW CAUSE

Appeals by Robert F. Nappi from two orders of the Family Court, Queens County, dated March 25, 2003, and August 5, 2003, respectively. By scheduling order dated September 24, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeals; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeals.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the scheduling order dated September 24, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 28, 2003; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4162

M/mv

2000-10910, 2001-08584 In the Matter of Ann Penninipede, appellant, v Nicholas Penninipede, respondent. (Docket Nos. F-1072/99, O-1388/00, V-1116-99)

SCHEDULING ORDER

Appeals by Ann Penninipede from two orders of the Family Court, Nassau County, dated October 5, 2000, and August 16, 2001. The appellant's brief was filed in the office of the Clerk of this court on May 28, 2003. By decision and order of this court dated August 27, 2003, the following attorney was assigned to represent the respondent on the appeals:

Charles Holster III, Esq.

100 E. Old Country Road

Mineola, New York 11501

(516) 747-2330

Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that the scheduling order of this court dated September 23, 2003, in the above-entitled proceeding is amended to provide that the respondent's time to serve and file a brief in the above-entitled appeals is enlarged until December 29, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4304

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2002-05308 In the Matter of Nia V. (Anonymous). Angel Guardian Children & Family Services, et al., respondents; Eleanor V. (Anonymous), appellant. (Docket No. G-19141-00)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated May 20, 2002, 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 branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,

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

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4328

A/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2002-10745, 2002-10746 In the Matter of Elizabeth P. Wang, deceased. Anna Wang Houck, petitioner-respondent; Lily Wang, et al., appellants; Edward D. Wang, et al., respondents-respondents. (File No. 1496-P/99)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Surrogate's Court, Suffolk County, dated August 8, 2002, and a decree of the same court, dated October 18, 2002, to strike the respondent's brief on the ground that it refers to matter dehors the record, and cross motion by the respondents to strike the appellants' brief and reply brief, and to dismiss the appeals, on the ground that the brief and the reply brief raise issues that are not properly raised on the appeals.

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

ORDERED that the motion and the cross motion are held in abeyance, and are referred to the Justices hearing the appeals for determination upon the argument or submission of the appeals.

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4159

M/mv

2002-06313, 2002-09508 In the Matter of Jane Zullo, respondent, v George Hom, appellant. (Proceeding No. 1) In the Matter of George Hom, appellant, v Jane Zullo, respondent. (Proceeding No. 2) (Docket Nos. V-1702/02, V-1703/02)

DECISION & ORDER ON MOTION

Appeals by George Hom from two orders of the Family Court, Nassau County, dated June 10, 2002, and August 29, 2002, respectively. The appellant's brief was filed in the office of the Clerk of this court on March 3, 2003, and the original papers were filed on May 1, 2003, and October 27, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4337

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

1995-00188 The People, etc., respondent, v Mohanad Al-Sawah, appellant. (Ind. No. 11835/94)

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, Kings County, rendered December 15, 1994.

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]).

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4151

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-03861 The People, etc., respondent, v Steven Arriaga, appellant. (Ind. No. 1190/99)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered March 1, 2000, as a poor person, and for the assignment of counsel.

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

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

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

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

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

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

00 A 1528

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4334

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2000-10087 The People, etc., respondent, v Bernard Barrett, appellant. (Ind. No. 1165/99)

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, Queens County, rendered October 20, 2000.

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]).

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4333

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2002-02352, 2002-02353 The People, etc., respondent, v Ralph Rudy Bernstein, appellant. (Ind. Nos. 3076-96, 1762-97)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned appeals from two judgments of the County Court, Suffolk County, both rendered February 27, 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]).

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4318

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

1998-05880, 1998-11393 The People, etc., respondent, v Julio Borrell, appellant. DECISION & ORDER ON MOTION (Ind. Nos. 3794/94, 4841/94)

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on appeals from two judgments of the Supreme Court, Queens County, rendered June 11, 1998, and December 10, 1998, respectively.

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

ORDERED that the motion is denied.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

98 A 6799

Attica Corr. Fac.

Box 149

Attica, New York 14011

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4343

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

1994-09983 The People, etc., respondent, v Mark Butts, appellant. (Ind. No. 5694/90)

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, Kings County, rendered October 28, 1994.

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]).

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4344

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

1994-09670 The People, etc., respondent, v Sadie Ceballos, appellant. (Ind. No. 10917/93)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Renewed motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered October 14, 1994.

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]).

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4339

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

1994-10361 The People, etc., respondent, v Stephen Cox, appellant. (Ind. No.13913/93)

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, Kings County, rendered October 19, 1994.

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]).

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4322

C/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-01621 The People, etc., respondent, v Jean Estoine Dolbrun, appellant. (Ind No. 1304/02)

ORDER TO SHOW CAUSE

Motion by assigned counsel, to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered January 23, 2003, and, in effect, to dismiss the appeal as abandoned.

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

ORDERED that on the court's own motion, the appellant is directed to show cause before this court, at the courthouse, located at 45 Monroe Place, Brooklyn, N.Y., 11201, on January 12, 2004, at 9:30 A.M., why an order should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]); and it is further,

ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, by ordinary mail pursuant to CPL 470.60(2); and it is further,

ORDERED that the motion, to be relieved of the assignment to prosecute the appeal and, in effect, to dismiss the appeal as abandoned, is held in abeyance in the interim.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4341

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

1994-08999 The People, etc., respondent, v Robert Fogle, appellant. (Ind. No. 4703/92)

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, Kings County, rendered September 1, 1994.

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]).

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4332

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2000-04546 The People, etc., respondent, v Gloria Forte, appellant. (Ind. No. 98-01334)

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, Westchester County, rendered March 21, 2000.

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

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

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4311

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2002-05530 v Jose Gonzalez, appellant. (Ind. No. 01-00669)

The People , etc., respondent, DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered April 25, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 A 2558

Coxsackie Corr. Fac.

Box 999

Coxsackie, N.Y. 12051

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4272

CF/

2003-07220 The People, etc., respondent, v Philip Gurley, appellant. (Ind. No. 2393/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant pro se to withdraw an appeal from a judgment of the County Court, Nassau County, rendered February 11, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4144

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-06952 The People, etc., respondent, v Keith Johnson, appellant. (Ind. No. 7782/02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered July 9, 2003, as a poor person, and for the assignment of counsel.

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

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

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

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

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

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 3860

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4314

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-08149 The People, etc., plaintiff, v Wesley Lombard, defendant. (Ind. No. 6994/02)

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 July 2, 2003.

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

ORDERED that the motion is denied.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4335

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

1996-00828 The People, etc., respondent, v Wayne Marshall, appellant. (Ind. No. 8434/95)

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, Kings County, rendered January 5, 1996.

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]).

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4324

A/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

1999-06144 The People, etc., respondent, v Reginald McFadden, appellant. (Ind. No. 247/94)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the County Court, Rockland County, rendered May 27, 1999, inter alia, to strike the appellant's brief, on the ground that the arguments raised therein are frivolous.

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

ORDERED that the motion is denied without prejudice to the respondent raising the issue in its brief on the appeal; and it is further,

ORDERED that on the court's own motion the respondent's time to serve and file its brief on the appeal is enlarged until December 16, 2003.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4308

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2002-10164 The People, etc., respondent, v Issac Mizrahi, appellant. (Ind. No. 9501/99)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered September 4, 2002, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before the conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to same after conviction.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4338

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

1994-10631 The People, etc., respondent, v Pedro Morrell, appellant. (Ind. No. 1305/94)

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, Kings County, rendered November 9, 1994.

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]).

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4336

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2002-00861 The People, etc., respondent, v Raquel Moschetto, appellant. (Ind. No. 2163-00)

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 January 10, 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]).

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4082

S/mv

REINALDO E. RIVERA, J.

2003-09346 The People, etc., respondent, v Julien Oglesby, appellant. (Ind. No. 03-00051)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Rockland County, rendered October 9, 2003, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail, pending the hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

REINALDO E. RIVERA

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4110

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-08117 The People, etc., respondent, v Gaetan Remy, appellant. (Ind. No. 3660/02)

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, Queens County, rendered September 8, 2003, as a poor person, and for the assignment of counsel.

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

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

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

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

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

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ, concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4285

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2002-10247 The People, etc., respondent, v Dareil Rennie, appellant. (Ind. No. 9386/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated October 30, 2003, in the above-entitled case is amended by deleting from the first paragraph thereof the word "Queens" and substituting therefor the word "Kings".

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4316

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-03775 The People, etc., respondent, DECISION & ORDE v Duane E. Ricemason, appellant. Motion Pro se to R (Ind. No. 332-02)

R ON MOTION elieve Counsel of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered April 10, 2003, and for assignment of new counsel.

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

ORDERED that the motion is denied.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4319

C/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-09167 The People, etc., plaintiff, v Ralph Salierno, defendant. (Ind. No. 636A/B-03)

DECISION & ORDER ON MOTION

Motion by the defendant for a change of venue of the trial of Suffolk County Indictment No. 636A/B-03 from the Supreme Court, Suffolk County, to a county in New York City.

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

ORDERED that the motion is granted to the extent that the defendant may renew his application for a change of venue, if necessary, after the completion of the voir dire, and the motion is otherwise denied as premature (see People v Boudin, 95 AD2d 463).

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4327

C/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-00226 The People, etc., respondent, v Fortino Solis, appellant. (Ind. No. 3230/01)

DECISION & ORDER ON MOTION

Motion by the appellant to hold in abeyance an appeal from a judgment of the Supreme Court, Queens County, rendered December 17, 2002, pending hearing and determination of a motion to vacate the judgment of conviction pursuant to CPL article 440.

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

ORDERED that the motion is denied.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4309

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-03781, 2003-03911 The People, etc., respondent, v Annette Vogelfang, appellant. (Ind. Nos. 249-03, 358-02)

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

Motion by the appellant pro se for leave to prosecute appeals from two judgments of the County Court, Suffolk County, both rendered April 16, 2003, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the 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 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 appeals:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk Co., - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the 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.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 G 0422

Bedford Hills Corr. Fac.

Box 1000

Bedford Hills, New York 10507