Appellate Division: Second Judicial Department
M18234
S/sl
GABRIEL M. KRAUSMAN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-05341
Joseph Acito, respondent, v Mary Jane Acito, appellant.
(Index No. 19831/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay a hearing before the Supreme Court, Weschester County, scheduled for November 22, 2004, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated May 10, 2004.
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's notice of appeal from so much of the order dated May 10, 2004, as directed a hearing to aid in the disposition of the cross motion is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701[c]; Barbarita v Shilling, 115 AD2d 630); and it is further,
ORDERED that the motion is granted and the hearing scheduled for November 22, 2004, is stayed, pending hearing and determination of the appeal.
KRAUSMAN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18253
CF/
|
2004-00907
Sandro Farduchi, plaintiff-respondent-appellant, v United Artists Theatre Circuit, Inc., et al., respondents, F.R.P. Sheet Metal Contracting Corp., appellant-respondent, Fordham Construction Company, Inc., et al., defendants-respondents- appellants. (Index No. 23113/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant Fordham Construction Company, Inc., to withdraw a cross appeal from an order of the Supreme Court, Queens County, dated December 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ORDERED that the application is granted and the cross appeal by Fordham Construction Company, Inc., is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18220
O/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
2002-09466 Edwin Frederick, respondent, v Josef Fried, appellant. (Index No. 1017/89)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, entered October 7, 2002, which was determined by decision and order of this court dated August 23, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18249
PL/sl
|
2004-02985
Stephen J. Gagliano, appellant, v County of Nassau, et al., respondents. (Index No. 6453/96)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated November 14, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 21, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18251
PL/sl
|
2004-04185
Hyde Park Motor Company, Inc., appellant, v Mary Sucato, respondent. (Index No. 2039/03)
| 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, Dutchess County, dated March 17, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 5, 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 of the Court
Appellate Division: Second Judicial Department
M18257
PL/sl
|
2004-02992
Norman Kaminsky, respondent, v Joseph C. Waldner, et al., appellants. (Index No. 27207/98)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated February 28, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 13, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18248
CF/
|
2004-03381 Megan Klentzin, respondent, v Melissa Force, et al., appellants. (Index No. 7695/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, entered March 31, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18245
PL/sl
|
2004-00226
Sinecio Lopez, appellant, v State of New York, respondent. (Claim No. 103834)
| 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 and judgment (one paper) of the Court of Claims dated December 24, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 10, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18247
CF/
|
2004-05633 John Kevin MacDonald, respondent, v Anna Adams, appellant, et al., defendants. (Index No. 5941/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 9, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18244
O/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-07973 Jorge Moreno, plaintiff, v Juan Penafiel, et al., defendants. (Index No. 579/02)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated May 21, 2004, which affirmed an order of the Civil Court of the City of New York, Queens County, entered January 14, 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.
SANTUCCI, J.P., ADAMS, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18236
S/sl
GABRIEL M. KRAUSMAN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-01187 Dennis Neal, respondent, v Easton Aluminum, Inc., et al., appellants. (Index No. 21757/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated January 27, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until December 13, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
KRAUSMAN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18258
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-00822 One Gateway Plaza, LLC, appellant, v Village of Port Chester, et al., respondents. (Index No. 17125/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent G & S Port Chester, LLC, to enlarge the time of the respondents to serve and file their respective briefs on an appeal from an order of the Supreme Court, Westchester County, entered December 18, 2002.
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 their respective briefs is enlarged until December 15, 2004, and the respondents' briefs must be served and filed on or before that date.
FLORIO, J.P., KRAUSMAN, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18242
PL/sl
|
2004-01983
Harshanie Persaud, respondent, v Jerome A. Persaud, appellant. (Index No. 7599/00)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, entered January 2, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 17, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18238
PL/sl
|
2004-04041
Risa Rich-Wing, appellant, v Kaleel Baboolal, et al., respondents. (Index No. 11293/02)
| ORDER ON APPLICATION |
Application by the respondents Charlie M. Biggs and Toyota Motor Credit Corporation pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated February 19, 2004.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until January 3, 2005, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18148
C/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-10412, 2004-05167 Victor Schlesinger, etc., appellant, v Nathan Schlesinger, etc., et al., defendants- respondents; Kolel Damesek Eliezer, nonparty-respondent. (Index No. 27246/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike the brief filed by Yeshiva Beth Yehuda V'Chaim D'Betlan on appeals from two orders of the Supreme Court, Kings County, dated October 1, 2003, and May 13, 2004, respectively, on the ground that Yeshiva Beth Yehuda V'Chaim D'Betlan is not a respondent on the appeal, to correct the RADI form to reflect that Yeshiva Beth Yehuda V'Chaim D'Betlan is not a respondent, and to enlarge the appellant's time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the brief filed by Yeshiva Beth Yehuda V'Chaim D'Betlan is deemed to be an amicus curiae brief; and it is further,
ORDERED that the branch of the motion which is to correct the RADI form is granted to the extent that the RADI form is amended to reflect that Yeshiva Beth Yehuda V'Chaim D'Betlan is not a respondent, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted; the appellant's time to serve and file a reply brief to the respondents' briefs and the amicus curiae brief is enlarged until November 29, 2004; and it is further,
ORDERED that the other parties, if they be so advised, may serve and file a reply to the amicus curiae brief on or before November 29, 2004.
SANTUCCI, J.P., SCHMIDT, ADAMS, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18250
S/sl
|
2004-04420
James Schmaeling, et al., respondents, v Pamela Cook, appellant. (Index No. 1590/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered April 27, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 11, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18194
PL/sl
|
2004-03110 Marietta Small, etc., respondent, v Prest-O-Sales and Service, Inc., et al., appellants. (Index No. 5130/02)
| 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, Kings County, dated February 24, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 17, 2005, 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 of the Court
Appellate Division: Second Judicial Department
M18256
S/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2003-00999 Rubin Sternglass, appellant, v Palisades Interstate Park Commission, et al., respondents. (Index No. 6202/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that so much of its decision and order on motion entitled "In the Matter of Dismissal of Causes for Failure to Perfect - July 2004 Calendar", dated August 16, 2004, as dismissed an appeal in the above entitled action from an order of the Supreme Court, Rockland County, dated January 14, 2003, is recalled and vacated, and the appeal is reinstated.
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18252
S/sl
|
2004-03171
Edwin Vasquez, respondent, v New York City Transit Authority, et al., appellants. (Index No. 16871/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered March 11, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 6, 2004, 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 of the Court
Appellate Division: Second Judicial Department
M18229
O/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-05898 In the Matter of Carla Disanluciano-Biundo, respondent, v New York Central Mutual Fire Insurance Company, appellant. (Index No. 41865/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay arbitration pending between the parties pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 2, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., ADAMS, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18240
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-08858 In the Matter of Gyrodyne Company of America, Inc., petitioner, v State University of New York at Stony Brook, et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the respondents for a preference in the calendaring of a proceeding pursuant to EDPL 207.
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 petitioner's brief shall be served and filed on or before December 20, 2004, the respondents' brief must be served and filed on or before January 10, 2005, and the reply brief , if any, must be served and filed on or before January 24, 2005; and it is further,
ORDERED that the proceeding will be calendared when it is fully perfected.
FLORIO, J.P., KRAUSMAN, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18246
O/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2002-03762, 2002-07160, 2002-07162 In the Matter of John Hemphill, appellant, v State of New York, et al., respondents. (Docket Nos. 1231/02, 4982/00, 5204/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - November 2002 Calendar", dated December 31, 2002, as dismissed appeals from three orders of the Supreme Court, Dutchess County, dated December 5, 2000, February 28, 2002, April 8, 2002, respectively, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, and to reinstate the appeals.
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.
SANTUCCI, J.P., ADAMS, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18145
C/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-05387
In the Matter of Martha O'Celia Juansen, a/k/a Celia Juansen; Miller, Canfield, Paddock and Stone, PLLC, nonparty appellant. (Matter No. 1) (Index No. 9036/01) 2004-05388 In the Matter of Jacques Liwer; Miller, Canfield, Paddock and Stone, PLLC, nonparty appellant. (Matter No. 2) (Index No. 26986/99) 2004-05411, 2004-05413 In the Matter of Loretta Haverty; Miller, Canfield, Paddock and Stone, PLLC, nonparty appellant. (Matter No. 3) (Index No. 5373/93) 2004-06744 In the Matter of Nora Roberts; Miller, Canfield Paddock and Stone, PLLC, nonparty appellant. (Matter No. 4) (Index No. 4227/01)
| DECISION & ORDER ON MOTION |
Motion by Miller, Canfield, Paddock and Stone, PLLC, the nonparty-appellant on appeals from (1) a decision of the Supreme Court, Queens County, dated May 28, 2003 (Appellate
Appellate Division: Second Judicial Department
M18254
CF/
|
2004-02545 In the Matter of Brenda Newsome, respondent, v Anthony Hodge, appellant. (Docket No. P-02770-96)
| 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 March 1, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18209
S/sl
|
2004-09797
In the Matter of Lisa Pantina-Bott, petitioner, v Incorporated Village of Freeport, et al., respondent. (Index No. 2611/04)
| ORDER ON APPLICATION |
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Nassau County, dated June 9, 2004.
ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until February 7, 2005, and the record or appendix on the proceeding and the petitioner's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18159
F/
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-01475
The People, etc., plaintiff, v Paul Alexander, defendant. (Ind. No. 03-00124)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Renewed motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Westchester County, rendered October 21, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., H. MILLER, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 5887
Gowanda Corr. Fac.
Box 311
Gowanda, New York 14070
Appellate Division: Second Judicial Department
M18213
O/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2001-03788 The People, etc., respondent, v Phillip Almeda, a/k/a Kadafi Ala, appellant. (Ind. No. 143/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, rendered April 5, 2001, which was determined by decision and order of this court dated August 2, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18149
F/
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-06103
The People, etc., respondent, v Charleston R. Alvarez, appellant. (S.C.I. No. 01-01644)
| 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 an amended judgment of the Supreme Court, Westchester County, rendered June 23, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Ron Stokes, Esq.
3224 S. Shelly Street
Mohegan Lake, New York 10547
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
RITTER, J.P., H. MILLER, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 3707
Bare Hill Corr. Fac.
Caller Box #20 - Candy Road
Malone, New York 12953
Appellate Division: Second Judicial Department
M18172
F/
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-07955
The People, etc., respondent, v Theresa Clinding, appellant. (Ind. No. 2670/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered July 20, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
RITTER, J.P., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18173
F/
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-04913
The People, etc., respondent, v Hollis Daniel, appellant. (Ind. No. 1303/03)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered May 12, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
RITTER, J.P., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18210
O/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2002-07624 The People, etc., appellant, v Shavonn Davis, respondent. (Ind. No. 191/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated July
Appellate Division: Second Judicial Department
M18162
F/
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-08553
The People, etc., plaintiff, v Raymond Martinez, defendant. (Ind. No. 03-00990)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Orange County, rendered August 17, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., H. MILLER, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 4606
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M18203
F/
GLORIA GOLDSTEIN, J.
|
2004-08932 The People, etc., plaintiff, v Fritzgerald Maxijoseph, defendant. (Ind. No. 8816/00)
| 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 September 9, 2004, 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.
GLORIA GOLDSTEIN
Associate Justice
Appellate Division: Second Judicial Department
M18204
F/
HOWARD MILLER, J.
|
2004-08660 The People, etc., plaintiff, v Patrick Morrison, defendant. (Ind. No. 3031/82)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated April 15, 2004, 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.
HOWARD MILLER
Associate Justice
Appellate Division: Second Judicial Department
M18152
F/
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-08414
The People, etc., respondent, v Perry J. Moutray, appellant. (Ind. No. 21/03)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Putnam County, rendered January 21, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and 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 appellants's moving papers are deemed to constitute a timely notice of appeal; 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 respondents' 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 or 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:
Susan Caplin, Esq.
344 Main Street
Mt. Kisco, New York 10549
and is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
RITTER, J.P., H. MILLER, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 0416
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M18232
O/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-04414 The People, etc., respondent, v Gary Nau, appellant. (Ind. No. 99514)
| DECISION & ORDER ON MOTION |
Motion by Charles E. Holster III, Esq., on an appeal from an order of the County Court, Nassau County, dated April 5, 2004, for leave to renew a motion, inter alia, for the assignment of counsel, which was determined by decision and order of this court dated September 3, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., ADAMS, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18157
F/
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2002-10246 The People, etc., respondent, v Patrice Smith, appellant. (Ind. No. 3318/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant's assigned counsel for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 30, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., H. MILLER, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18222
O/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
2003-06035 The People, etc., respondent, v Brian K. Whitley, appellant.
(Ind. No. 1936-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered June 5, 2003, for summary reversal of the judgment.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied without prejudice to the respondent raising the issue in their brief on the appeal.
RITTER, J.P., S. MILLER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court