11-14-2003_MOTION

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MOTION DECISIONS FOR NOVEMBER 14, 2003

TITLE	Case Number
Albany Insurance Company	2003-03738
Barkley v Barkley	2002-11362 + 2
Berezny v New Sans Souci	2003-00824
Bould v Bould, a/k/a Saul	2003-00570
Chisholm v American Asset	2003-00084
Cole v Makowski	2003-00300
Damianos Realty Group, LL	2002-11300
Doe v Merck & Co., Inc.	2003-00563
Doha v Persaud	2002-09977
Duke v City of New York	2003-00733
Edelstein v Edelstein	2002-10590
Eng v Sichenzia	2003-00452
Farrell v SFDS Developmen	2003-00614
Federal National Mortgage	2002-08459
First Trust National Asso	2002-10678
Fleet Mortgage Corporatio	2002-10755
Gibb v Gibb	2002-09375
Goldfine v Sichenzia	2003-00461
Goldstein v Miller	2002-06161
Greenberg v Dinkes	2002-11020
Houlihan v Great Hunger F	2002-09168 + 1
Hughes v Hughes	2003-00863
Hynard v Conti	2003-00486
Independence Community Ba	2002-11361
J.I. Kislak Mortgage Corp	2002-09662
Jebrane v Giraldo	2003-00405
Justice v City of New Yor	2003-09652
Katz v Roberts	2003-05225
Kensington Village, Inc.	2002-10402
Kepski v M.G. Huntington,	2002-09443
Kushman v Kushman	2003-09464
Lanoce v Kempton	2002-11505
Lee v New York City Trans	2002-09714
Lynn v Lynn	2002-09482
Mercado v Brause Plaza, Inc.	2003-01676
Nicastro v Nicastro	2002-10140
Palmer v State of New Yor	2002-07994
Ramos v Samuels	2002-11557
Peo v Madison, Carl	2003-04515
Peo v Middleton, Dana	2003-01266
Peo v Mitchell, Barry	2003-07092
Peo v Noel, William, a/k/	2001-02768
Peo v Perez, Luis	2003-07558
Peo v Pinckney, Comfort	2003-07324
Peo v Rogers, Rmell	2003-07094
Peo v Taylor, Joanne	2003-07240
Peo v Thomas, Larry	2003-05992
Peo v Vallee, Sylvester	2003-06112
Peo v Walden, Mervyn	2003-07067
Peo v Washington, Jabbar	1997-05343
Peo v Williams, Dennis	2003-07095
Peo v Williams, Michael	2003-07507

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4462

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-03738

Albany Insurance Company, etc., respondent,
v National Experts Assistance, Inc., et al.,
defendants, Jackson Heights Shopping Center,
appellant.

(Index No. 25290/98)

DECISION & ORDER ON MOTION

By order of this court dated May 20, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Queens County, dated March 19, 2003, by a date certain, and by so ordered stipulation that date was extended to July 22, 2003. More than 30 days have elapsed since the latter date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h) it is,

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4455

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-11362, 2002-11364, 2002-11365

David Barkley, appellant,
v Maura Barkley, respondent.
(Index No. 18934/01)

DECISION & ORDER ON MOTION

By order of this court dated August 14, 2003, the appellant was directed to perfect appeals from three orders of the Supreme Court, Westchester County, all dated October 8, 2002, on or before September 15, 2003. More than 30 days have elapsed since that date and the appeals have not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeals are dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4472

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-00824

Anna Berezny, et al., appellants,
v New Sans Souci Nursing Home, respondent.
(Index No. 11384/99)

DECISION & ORDER ON MOTION

By order of this court dated July 31, 2003, the appellants were directed to perfect an appeal from an order of the Supreme Court, Westchester County, dated December 5, 2002, on or before September 15, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4463

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-00570

Clifford Fred Bould, Jr., appellant, v
Ann Marie Bould, a/k/a Ann Marie Saulnier,
et al., respondents.

(Index No. 4175/98)

DECISION & ORDER ON MOTION

By order of this court dated July 7, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Suffolk County, dated December 23, 2002, by a date certain, and by so ordered stipulation that date was extended to September 12, 2003. More than 30 days have elapsed since the latter date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h) it is,

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4527

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCE E. SMITH, JJ.

2003-00084
Michael Chisholm, respondent,
v American Asset Recovery, et al., defendants,
W.J. Northridge Construction Corp., appellant
(and a third-party action).

(Index No. 17635/99)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 9, 2002.

Upon the stipulation of the attorneys for the respective parties, dated October 24, 2003, it is

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

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4464

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-00300

Geraldine Cole, respondent, v
James Makowski, appellant.

(Index No. 9307/01)

DECISION & ORDER ON MOTION

By order of this court dated July 8, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Suffolk County, dated November 25, 2002, by a date certain, and by so ordered stipulation that date was extended to September 2, 2003. More than 30 days have elapsed since the latter date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h) it is,

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4452

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-11300

Damianos Realty Group, LLC, respondent,
v Port Jefferson Orthopaedics, P.C., appellant.

(Index No. 11747/01)

DECISION & ORDER ON MOTION

By order of this court dated June 17, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Suffolk County, dated November 1, 2002, by a date certain, and by so ordered stipulation that date was extended to August 11, 2003. More than 30 days have elapsed since the latter date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h) it is,

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4466

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-00563

Jane Doe, respondent-appellant, v
Merck & Company, Inc., et al., appellants-
respondents, et al., defendants.
(Index No. 10786/98)

DECISION & ORDER ON MOTION

By order of this court dated July 7, 2003, the appellants-respondents and respondent-appellant were directed to perfect an appeal and cross appeal from a judgment of the Supreme Court, Suffolk County, entered November 14, 2002, on or before September 8, 2003, and October 8, 2003, respectively. More than 30 days have elapsed since that date and the appeal and cross appeal have not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants-respondents and respondent-appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal and cross appeal are dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4435

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-09977

Jasmine Laila Doha, et al., appellants,
v Radha Persaud, respondent.

(Index No. 8007/02)

DECISION & ORDER ON MOTION

By order of this court dated July 1, 2003, the appellants were directed to perfect an appeal from an order of the Supreme Court, Kings County, dated October 1, 2002, by a date certain, and by so ordered stipulation that date was extended to July 30, 2003. More than 30 days have elapsed since the latter date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h) it is,

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4474

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-00733

Anam Duke, et al., appellants,
v City of New York, et al., respondents.
(Index No. 29288/00)

DECISION & ORDER ON MOTION

By order of this court dated August 1, 2003, the appellants were directed to perfect an appeal from an order of the Supreme Court, Queens County, dated December 5, 2002, on or before September 15, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4441

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-10590

Robert Edelstein, respondent, v
Lynn C. Edelstein, appellant.
(Index No. 08656/00)

DECISION & ORDER ON MOTION

By order of this court dated May 15, 2003, the appellant was directed to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated October 10, 2002, on or before August 8, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4458

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-00452

Hanie Eng, et al., respondents, v
Lisa Sichenzia, et al., appellants, et al.,
defendants.
(Index No. 818/01)

DECISION & ORDER ON MOTION

By order of this court dated June 16, 2003, the appellants were directed to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Putnam County, dated November 25, 2002, on or before August 25, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4461

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-00614

Alfred Farrell, appellant, v
SFDS Development Corporation, a/k/a
St. Francis De Sales Development Corp.,
et al., respondents (and a third-party action).
(Index No. 4101/01)

DECISION & ORDER ON MOTION

By order of this court dated June 9, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Kings County, dated December 12, 2002, on or before September 11, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4406

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-08459
Federal National Mortgage Association,
respondent, v Bonnee Linden, appellant.
(Index No. 8282/95)

DECISION & ORDER ON MOTION

By order of this court dated August 14, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Nassau County, dated August 28, 2002, on or before September 19, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4444

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-10678

First Trust National Association, respondent,
v Daniel David, et al., appellants, et al.,
defendant.
(Index No. 4222/99)

DECISION & ORDER ON MOTION

By order of this court dated August 5, 2003, the appellants were directed to perfect an appeal from an order of the Supreme Court, Kings County, dated October 7, 2002, on or before September 15, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4446

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-10755

Fleet Mortgage Corporation, respondent,
v Richard P. Sullivan, et al., appellants,
et al., defendants.
(Index No. 98-7986)

DECISION & ORDER ON MOTION

By order of this court dated April 25, 2003, the appellants were directed to perfect an appeal from an order of the Supreme Court, Orange County, dated September 6, 2002, on or before June 13, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4413

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-09375

Diane Gibb, appellant, v James D. Gibb,
et al., respondents.
(Index No. 10777/97)

DECISION & ORDER ON MOTION

By order of this court dated June 11, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Suffolk County, dated August 28, 2002, on or before July 21, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4459

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-00461

Eric Goldfine, et al., respondents, v
Lisa Sichenzia, et al., appellants, et al.,
defendants.
(Index No. 817/01)

DECISION & ORDER ON MOTION

By order of this court dated June 16, 2003, the appellants were directed to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Putnam County, dated November 25, 2002, on or before September 4, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4400

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-06161

Robert Goldstein, et al., appellants, v
Charles Miller, etc., respondent
(and related actions).
(Index No. 6429/96)

DECISION & ORDER ON MOTION

By order of this court dated May 13, 2003, the appellants were directed to perfect an appeal from an amended order of the Supreme Court, Suffolk County, dated June 5, 2002, on or before June 27, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4447

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-11020

Sylvia Greenberg, appellant,
v William Dinkes, et al., respondents.
(Index No. 23103/99)

DECISION & ORDER ON MOTION

By order of this court dated May 30, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Queens County, dated October 17, 2002, on or before August 25, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4410

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-09168, 2002-09175

James J. Houlihan, respondent, v
Great Hunger Foundation, Inc.,
et al., appellants.
(Index No. 02-10965)

DECISION & ORDER ON MOTION

By order of this court dated March 31, 2003, the appellants were directed to perfect appeals from two orders of the Supreme Court, Westchester County, both entered August 30, 2002, on or before May 21, 2003. More than 30 days have elapsed since that date and the appeals have not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeals are dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4467

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-00863

Elgie Hughes, respondent, v
John Hughes, appellant.

(Index No. 12371/98)

DECISION & ORDER ON MOTION

By order of this court dated July 15, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Queens County, dated December 20, 2002, by a date certain, and by so ordered stipulation that date was extended to September 15, 2003. More than 30 days have elapsed since the latter date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h) it is,

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4475

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-00486

Paul O. Hynard, appellant,
v Daniel A. Conti, respondent.
(Index No. 5753/02)

DECISION & ORDER ON MOTION

By order of this court dated August 1, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Nassau County, dated December 11, 2002, on or before September 2, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4453

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-11361

Independence Community Bank, respondent,
v Health Care Concept, Inc., et al., appellants.
(Index No. 31011/01)

DECISION & ORDER ON MOTION

By order of this court dated June 19, 2003, the appellants were directed to perfect an appeal from a judgment of the Supreme Court, Queens County, dated September 10, 2002, on or before July 24, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4422

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-09662

J. I. Kislak Mortgage Corp., respondent,
v Linda M. Lindsay, et al., defendants;
Queene E. Cavette, nonparty-appellant.
(Index No. 327/94)

DECISION & ORDER ON MOTION

By order of this court dated June 23, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Queens County, dated October 4, 2002, on or before July 29, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4470

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-00405

Mohamed Jebrane, appellant, et al., plaintiff,
v Magnolia Giraldo, et al., respondents.
(Index No. 13763/99)

DECISION & ORDER ON MOTION

By order of this court dated July 25, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Queens County, dated October 24, 2002, on or before September 8, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4498

T/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2003-09652
Robert Justice, et al., appellants, v
City of New York, defendant third-party
plaintiff-respondent, et al., defendants;
Welsbach Electric Corp., third-party
defendant-respondent.
(Index No. 32507/92)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 9, 2003.

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 trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 15, 2003; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 15, 2003, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4502

M/sl

2003-05225

Michael Katz, appellant, et al., plaintiffs,
v Jules Roberts, respondent.
(Index No. 17793/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated may 12, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 4, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4438

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-10402

Kensington Village, Inc., appellant,
v Town of New Hyde Park, respondent.
(Index No. 2997/01)

DECISION & ORDER ON MOTION

By order of this court dated May 19, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Dutchess County, dated October 30, 2002, on or before September 4, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4418

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-09443

Jacek Kepski, respondent-appellant, v
M.G. Huntington, LLC, appellant-respondent.

(Index No. 44921/00)

DECISION & ORDER ON MOTION

By order of this court dated April 4, 2003, the appellant-respondent was directed to perfect an appeal from an order of the Supreme Court, Kings County, dated August 16, 2002, by a date certain, and by so ordered stipulation that date was extended to June 16, 2003. More than 30 days have elapsed since the latter date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant-respondent failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h) it is,

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4505

C/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2003-09464
Jean Kushman, respondent, v
Kenneth Kushman, appellant.
(Index No. 9250/97)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated October 6, 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.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4456

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-11505

Edward Lanoce, respondent, v
Maurice Kempton, et al., appellants.

(Index No. 18337/94)

DECISION & ORDER ON MOTION

By order of this court dated June 11, 2003, the appellants were directed to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered October 7, 2002, by a date certain, and by so ordered stipulation that date was extended to August 15, 2003. More than 30 days have elapsed since the latter date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h) it is,

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4425

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-09714

Linda Lee, appellant, v New York City
Transit Authority, et al., respondents.
(Index No. 30850/96)

DECISION & ORDER ON MOTION

By order of this court dated April 25, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Kings County, dated September 12, 2002, on or before June 17, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4420

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-09482

Craig S. Lynn, appellant, v
Jennifer B. Lynn, respondent.
(Index No. 28497/01)

DECISION & ORDER ON MOTION

By order of this court dated April 18, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Suffolk County, dated October 2, 2002, by a date certain, and by so ordered stipulation that date was extended to June 9, 2003. More than 30 days have elapsed since the latter date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h) it is,

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4476

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-01676

Thomas Mercado, plaintiff-respondent,
v Brause Plaza, Inc., defendant third-party
plaintiff-respondent, Staegate Electrical
Contractors, Inc., appellant.

(Index No. 10741/00)

DECISION & ORDER ON MOTION

By order of this court dated August 25, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Queens County, dated January 16, 2003, by a date certain, and by so ordered stipulation that date was extended to September 11, 2003. More than 30 days have elapsed since the latter date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h) it is,

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4437

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-10140

Maryanne F. Nicastro, appellant,
v Michael J. Nicastro, respondent.
(Index No. 18134/98)

DECISION & ORDER ON MOTION

By order of this court dated April 14, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Westchester County, dated October 8, 2002, on or before June 30, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4402

V/A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-07994
Anthony Palmer, appellant,
v State of New York, respondent.
(Claim No. 103724)

DECISION & ORDER ON MOTION

By order of this court dated June 12, 2003, the appellant was directed to perfect an appeal from a judgment of the Court of Claims dated August 9, 2002, on or before July 25, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4457

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-11557

Denise Ramos, respondent,
v Ferron Samuels, et al., defendants,
Diana Santana, appellant.
(Index No. 41865/00)

DECISION & ORDER ON MOTION

By order of this court dated June 12, 2003, the appellant was directed to perfect an appeal from an order of the Supreme Court, Kings County, dated November 14, 2002, on or before August 12, 2003. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h), it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4180

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-04515

The People, etc., respondent,
v Carl Madison, appellant.

(Ind. No. 1213/01)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered May 8, 2003, 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 4318

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4150

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-01266

The People, etc., respondent,
v Dana Middleton, appellant.

(Ind. No. 7194/01)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered January 22, 2002, 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 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 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 0820

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4178

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-07092

The People, etc., respondent,
v Barry Mitchell, appellant.

(Ind. No. 3731/02)

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, Queens County, rendered August 1, 2003, 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 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 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 4319

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4525

E/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2001-02768
The People, etc., respondent,
v William Noel, a/k/a Edward Noel, appellant.
(Ind. No. 00-00025)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Westchester County, rendered February 2, 2001.

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

ORDERED that the motion is denied as academic as the supplemental pro se brief was filed November 6, 2003; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief in response to the supplemental pro se brief is enlarged until January 16, 2004, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

01 A 1337

Oneida Corr. Fac.

Box 4580

Rome, New York 12458

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4179

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-07558

The People, etc., respondent,
v Luis Perez, appellant.

(Ind. No. 262/01)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered July 24, 2003, 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 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 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 4177

Clinton Corr. Fac.

Box 2000

Dannemora, New York 12929

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4172

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-07324

The People, etc., respondent,
v Comfort Pinckney, appellant.

(Ind. No. 1497/00)

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, Queens County, rendered July 29, 2003, 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 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 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 4262

Downstate Corr. Fac.

Box F.

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4181

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-07094

The People, etc., respondent,
v Rmell Rogers, appellant.

(Ind. No. 2134/02)

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, Queens County, rendered August 6, 2003, 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 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 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 4434

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4288

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-07240

The People, etc., respondent,
v Joanne Taylor, appellant.

(Ind. No. 585/03)

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, Nassau County, rendered July 18, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Martin Goldberg, Esq.

P.O. Box 326

Franklin Square, New York 11010

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.

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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4182

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-05992

The People, etc., respondent,
v Larry Thomas, appellant.

(Ind. No. 547/02)

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, Queens County, rendered June 26, 2003, 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 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 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 3827

Watertown Corr. Fac.

23147 Swan Road

Watertown, New York 13601

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4153

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-06112

The People, etc., respondent,
v Sylvester Vallee, appellant.

(Ind. No. 2634/02)

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 June 30, 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 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 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 R 3834

Gowanda Corr. Fac.

Box 350, South Road

Gowanda, New York 14070

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4167

MYRIAM J. ALTMAN, J.

2003-07067

The People, etc., plaintiff,
v Mervyn Walden, defendant.
(Ind. No. 1830/90)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated June 4, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

MYRIAM J. ALTMAN

Associate Justice

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4345

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

1997-05343

The People, etc., respondent,
v JabbarWashington , appellant.

(Ind. No. 2585/96)

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

Renewed motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 14, 1997, 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 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

97 A 2934

Shawangunk Corr. Fac.

Box 700

Wallkill, New York 12589

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4183

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-07095

The People, etc., respondent,
v Dennis Williams, appellant.

(Ind. No. 3825/02)

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, Queens County, rendered August 6, 2003, 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 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 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:

385 Bayview Avenue

Inwood, New York 11096

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4154

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-07507

The People, etc., respondent,
v Michael Williams, appellant.

(Ind. No. 7552/02)

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 June 30, 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 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 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 4495

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562