Appellate Division: Second Judicial Department
M32443
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2005-04723
Julio Adames, et al., appellants, v Richard Stiller, et al., respondents. (Index No. 11957/02)
| 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 and judgment (one paper) of the Supreme Court, Westchester County, entered February 26, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 9, 2006, 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
M32415
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STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
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2005-10117 Jamal Ali, appellant, v Rachel Febbie, respondents. (Index No. 2453/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Dutchess County, dated September 23, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32454
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2005-04721
Dianne E. Altman, respondent, v Kohl's Department Stores, Inc., appellant. (Index No. 02-21662)
| 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, Westchester County, entered April 7, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 12, 2006, 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
M32421
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BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
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2004-03153, 2004-08944, 2004-08945 Franklin Baharestani, respondent, v George Baharestani, et al., appellants. (Index No. 27501/97)
| DECISION & ORDER ON MOTION |
Motion by the appellants to recall and vacate so much of (1) a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - December 2004 Calendar", dated December 27, 2004, as dismissed an appeal from an order of the Supreme Court, Queens County, entered March 4, 2004, and (2) a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - April 2005 Calendar", dated May 10, 2005, as dismissed appeals from two orders of the same court both entered September 9, 2004, pursuant to 22 NYCRR 670.8(h) for failure to timely perfect the same, to reinstate the appeals, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to recall and vacate those portions of the orders dated December 27, 2004 and May 10, 2005, which dismissed the above appeals and to reinstate the appeals are denied; and it is further,
ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action is denied as academic.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32453
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2005-05435
Maria Cattaro, appellant, v City of Yonkers, respondent. (Index No. 13400/03)
| 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, Westchester County, entered May 4, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 13, 2006, 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
M32391
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BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
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2005-09028 Theodore Couluris, respondent, v Harbor Boat Realty, Inc., appellant, et al., defendant.
(Index No. 2690/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings, including the trial, in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated September 31, 2005.
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 all proceedings including the trial, in the above-entitled action, are stayed pending hearing and determination of the appeal.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31775
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2005-02848
Katherine D'Alessandro, appellant, v North Shore Hospital, respondent. (Index No. 43201/03)
| 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, Kings County, dated February 28, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 27, 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
M32414
M/nal
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2005-01082 Steven DiGiorgi, appellant, v Carolyn DiGiorgi, respondent. (Index No. 23320-01)
| SCHEDULING ORDER |
Appeal by Steven DiGiorgi from an order of the Supreme Court, Suffolk County, dated December 22, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 1, 2005, and the respondent's brief was served and filed on October 18, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time to serve and file a reply brief on the appeal is enlarged until December 9, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32392
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2005-02214
Amos Diaz, et al, appellants, v Ryan Chrysler-Plymouth, Inc., respondent. (Index No. 1333/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, entered January 19, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 25, 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
M32395
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2004-11271
Michael Ellenbast, appellant, v Jesse Watkins, et al., respondents. (Index No. 12227/00)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, entered February 9, 2004, and to enlarge the appellant's time to serve and file a reply brief.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 29, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the reply brief shall be served and filed on or before December 19, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32448
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2004-11195
405 Bedford Avenue Development Corp., respondent, v New Metro Construction, Ltd., etc., et al., appellants, et al., defendants. (Index No. 30294/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated March 19, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 21, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32426
S/sl
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
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2005-10466 Karan Garewal, respondent, v Sima Weintraub, et al., appellants. (Index No. 6081/05)
| DECISION & ORDER ON MOTION |
Appeal by the defendants from an order of the Supreme Court, Rockland County, dated October 14, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered on the default of the appealing party (see Marino v Termini, 4 AD3d 342).
CRANE, J.P., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32409
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2005-01243
Greshin, Ziegler & Amicizia, LLP, respondent, v Hope King, appellant. (Index No. 8881/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Suffolk County, dated January 5, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 28, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32452
E/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
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2004-09952 Jericho Water District, appellant, v One Call Users Council, Inc., respondent. (Index No. 6699/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, entered October 1, 2004, to strike stated portions of the appellant's reply brief on the ground that it refers to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32449
E/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
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2005-00994, 2005-00995
Jerry Keitel, et al., appellants-respondents, v Neil Kurtz, et al., respondents, Elliot Dreznick, et al., respondents-appellants. (Index No. 23892/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents, joined by the respondents-appellants Stephen Sirota and Rehabilitation Medicine Services, P.C., on appeals and cross appeals from an order of the Supreme Court, Suffolk County, dated December 10, 2004, and a judgment of the same court dated January 13, 2005, to enlarge the time to perfect the appeals.
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 appellants-respondents' time to perfect the appeals is enlarged until December 7, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering briefs, including their points of argument on the cross appeals, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
COZIER, J.P., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32419
Y/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
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2005-00611, 2005-05288 Thomas P. Kelly, plaintiff, v City of New York, defendant-respondent, Cruz Construction Corp., defendant third-party plaintiff-respondent; Kleinberg Electric, Inc., third-party respondent; URS Consultants, Inc., fourth-party defendant-appellant. (Index No. 2319/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents City of New York and Cruz Construction Corp. on appeals from two orders of the Supreme Court, Queens County, dated December 2, 2004, and December 20, 2004, respectively, to dismiss the appeal from the order dated December 2, 2004, on the ground that it was superseded by the order dated December 20, 2004, and to dismiss the appeal from the order dated December 20, 2004, on the ground that that appeal was untimely taken. Application by the same respondents to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and cross application and the papers filed in opposition thereto, it is
ORDERED that the application is granted, the movants' time to serve and file a brief is enlarged until December 16, 2005, and the movants' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion to dismiss the appeal is denied.
ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32418
A/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2005-07995 Regina Korn, et al., respondents, v City of New York, defendant, Edward Kropf, et al., appellants. (Index No. 15255/03)
| 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, Queens County, dated July 15, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32442
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2005-04724
Julie Levine, appellant, v Robert Levine, respondent. (Index No. 9938/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an amended judgment of the Supreme Court, Westchester County, dated April 25, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 9, 2006, 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
M32451
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2005-04827
Judith Louise Ludmer, etc., respondent, v Mohammad A. Hasan, etc., appellant. (Index No. 13128/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated April 15, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 12, 2006, 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
M32444
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2005-04632
John Meehan, et al., plaintiffs-respondents, v North Fork Bancorporation, Inc., et al., defendants-appellants, Integrity Contracting, Inc., defendant third-party plaintiff respondent-appellant; H&F Restoration & Construction, Inc., third-party defendant; On Par Contracting Corp., third-party defendant second third-party plaintiff respondent-appellant; Nouveau Elevator Industries, Inc., second third-party defendant respondent-appellant. (Index Nos. 12058/03, 75950/03, & 75800/04)
| ORDER ON APPLICATION |
Separate applications by the defendant third-party plaintiff respondent-appellant and the second third-party defendant respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time for all appellants to perfect appeals from an order of the Supreme Court, Kings County, dated March 15, 2005.
ORDERED that the applications are granted and the appellants' time to perfect the appeals is enlarged until January 5, 2006, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32423
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2005-05028
Northbay Construction Co., Inc., respondent, v Bauco Construction Corp., etc., et al., appellants, et al., defendant. (Action No. 1) (Index No. 13195/95) Americo Creco, etc., et al., respondents, v Dominick Bauco, a/k/a Domenico Bauco, et al., appellants. (Action No. 2) (Index No. 13196/95)
| ORDER ON APPLICATION |
Application by the appellants in both actions pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an interlocutory judgment of the Supreme Court, Westchester County, dated April 26, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 9, 2006, 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
M32424
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2005-05282, 2005-05283, 2005-05284
Isaac Okoro, appellant, v Olayinka Dare, et al., respondents. (Index No. 12900/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from three orders of the Supreme Court, Queens County, two dated April 15, 2005, and one dated April 20, 2005, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until January 24, 2006, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32398
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2004-10753, 2005-02878
Scott Parkin, et al., appellants, v Louis S. Ederer, et al., respondents. (Index No. 25851/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Suffolk County, dated November 9, 2004, and February 1, 2005, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 30, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32407
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2005-02494
Jonathan Ramirez, etc., et al., appellants, v Cesar R. Parache, respondent. (Index No. 29739/02)
| 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, Queens County, dated January 28, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 20, 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
M32456
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2005-04938, 2005-04939 Alberto Ricuarte, respondent, v 45th St. Bake Corp., et al., defendants, Madison 45 Company, appellant (and a third-party action). (Index No. 37054/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated April 11, 2005, and an amended order of the same court dated April 15, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until January 11, 2006, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32455
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2005-04599, 2005-04602 Herman Soto, respondent, v City of New York, appellant. (Index No. 14873/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated July 23, 2004, and March 30, 2005, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until January 9, 2006, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32439
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2004-10047
Constantine Tsatsakis, respondent, v Booth Memorial Medical Center, etc., et al., appellants. (Index No. 17413/88)
| ORDER ON APPLICATION |
Application by the appellant Booth Memorial Medical Center pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Queens County, entered October 26, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 18, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32422
R/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
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2005-01344
Julian Wager, et al., respondents, v Brian Hainline, etc., et al., defendants, Vincent Leone, etc., et al., appellants. (Index No. 28235/01)
| DECISION & ORDER ON MOTION Application to Withdraw Appeal |
Motion by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 29, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is marked withdrawn.
CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32394
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2005-10418 In the Matter of Damaris B. (Anonymous), respondent, v Edilberto E. (Anonymous), appellant. (Docket No. P-05417/05)
| SCHEDULING ORDER |
Appeal by Edilberto E. from an order of the Family Court, Kings County, dated September 26, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M32397
M/nal
STEPHEN G. CRANE, J.P.
WILLIAM A. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
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2005-04270 In the Matter of Jamela B. (Anonymous). Westchester County Department of Social Services, appellant; Josephine S. (Anonymous), et al., respondents. (Docket No. N-13048-03)
| SCHEDULING ORDER |
Appeal by Westchester County Department of Social Services from an order of the Family Court, Westchester County, dated April 5, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 23, 2005, and the respondents' respective briefs were served and filed on October 26, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until December 5, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32272
M/nal
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2005-10362 In the Matter of Manuel B. (Anonymous), appellant. (Docket No. D-3819/05)
| SCHEDULING ORDER |
Appeal by Manuel B. from an order of the Family Court, Queens County, dated October 7, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M32396
M/nal
|
2005-02601 In the Matter of Alyson B. Brzozowski, a/k/a Alyson Puhn, a/k/a Alyson Cohen, appellant, v Paul T. Brzozowski, respondent. (Proceeding No. 1) In the Matter of Paul T. Brzozowski, respondent, v Alyson B. Brzozowski, a/k/a Alyson Puhn, a/k/a Alyson Cohen, appellant. (Proceeding No. 2) (Docket Nos. V-1938-03, V-6809-03)
| SCHEDULING ORDER |
Appeal by Alyson B. Brzozowski, a/k/a Alyson Puhn, a/k/a Alyson Cohen from an order of the Family Court, Nassau County, dated February 23, 2005. The appellant's brief was filed in the office of the Clerk of this court on August 11, 2005, the law guardian's brief was served and filed on October 3, 2005, and the respondent's brief was served and filed on November 2, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time to serve and file a reply brief on the appeal is enlarged until December 1, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32292
M/nal
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2005-10361 In the Matter of Christopher DiPasquale, appellant, v Marion Atwater, respondent. (Docket No. F-3829-04)
| SCHEDULING ORDER |
Appeal by Christopher DiPasquale from an order of the Family Court, Rockland County, dated September 19, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M32450
T/sl
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2005-04772 In the Matter of David M. Ferraro, et al., appellants, v Richard I. Scheyer, etc., et al., respondents. (Index No. 04-3201)
| 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, Suffolk County, entered May 3, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 9, 2006, 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
M32271
M/nal
|
2005-10380 In the Matter of Leigh Gilchrist, respondent, v Michael Fein, appellant. (Docket No. F-17325-04)
| SCHEDULING ORDER |
Appeal by Michael Fein from an order of the Family Court, Suffolk County, dated September 23, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M32175
L/
|
2005-07522
In the Matter of Glen Arbor Golf Club, LLC, appellant, v Corjen Construction, LLC, respondent. (Index No. 936/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 30, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32413
M/nal
|
2005-08930
In the Matter of Christopher Guy, appellant, v Kay R. Guy, respondent. (Docket Nos. V-01963-02, V-01964-02, V-01965-02)
| ORDER TO SHOW CAUSE |
Appeal by Christopher Guy from an order of the Family Court, Kings County, dated August 17, 2005. By scheduling order dated October 5, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated October 5, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 29, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32412
M/nal
|
2005-08932
In the Matter of Kay R. Guy, respondent, v Christopher Guy, appellant. (Docket No. O-07352-02)
| ORDER TO SHOW CAUSE |
Appeal by Christopher Guy from an order of the Family Court, Kings County, dated August 17, 2005. By scheduling order dated September 29, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 29, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 29, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32400
M/nal
STEPHEN G. CRANE, J.P.
WILLIAM A. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2004-11330, 2004-11331, 2004-11332, 2004-11334 In the Matter of Q. L. H. (Anonymous). Administration for Children's Services, respondent; C.-M. W. (Anonymous), appellant. (Proceeding No. 1)
In the Matter of Y.-L. R. (Anonymous). Administration for Children's Services, respondent; C.-M. W. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-18613-02, N-18614-02)
| SCHEDULING ORDER |
Appeals by C.-M. W. from four orders of the Family Court, Kings County, one dated August 20, 2004, and three dated October 27, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on October 3, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and the law guardian to serve and file their respective briefs on the appeals is enlarged until December 9, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32265
M/nal
|
2005-10349 In the Matter of Darlene L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursual L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Guy L. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Ursual L. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Jennifer L. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Ursual L. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Krista L. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Ursual L. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Nicholas L. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Ursual L. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Vincent L. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Ursual L. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-14770-04, N-14771-04, N-14772-04, N-14773-04, N-14774-04, N-14775-04, N-14776-04, N-14777-04, N-14778-04, N-14779-04, N-41780-04, N-14781-04)
| SCHEDULING ORDER |
Appeal by Ursual L. from an order of the Family Court, Suffolk County, dated September 30, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M32399
Y/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2005-10316 In the Matter of Carmen Paulino, appellant, v Jose Camacho, respondent. (Docket No. F-4287-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Kings County, dated September 12, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32401
T/sl
|
2005-01679
In the Matter of Olga Ricci, et al., appellants, v Harrison Central School District, et al., respondents. (Index No. 14377/04)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, entered January 5, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 30, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32417
M/nal
|
2004-07488 In the Matter of Keisha Rust, appellant, v Michael Dossantos, respondent. (Docket Nos. V-07367-03, V-07368-03, V-07399-03, V-07400-03)
| SCHEDULING ORDER |
Appeal by Keisha Rust from an order of the Family Court, Westchester County, dated July 21, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 5, 2005, and the respondent's brief was served and filed on October 12, 2005. By decision and order on motion of this court dated October 24, 2005, the following attorney was assigned to represent the children on the appeal:
John A. Pappalardo, Esq.
200 East Post Road
White Plains, New York 10601
(914) 761-9400
Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until December 7, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32410
M/nal
|
2004-09334, 2004-09336, 2004-09339 In the Matter of Jerome Marcel T. (Anonymous), Jr. Westchester County Department of Social Services, respondent; Demetria W. (Anonymous), appellant. In the Matter of James Devon P. (Anonymous), Jr. Westchester County Department of Social Services, respondent; Demetria W. (Anonymous), appellant. In the Matter of Shanequa Romelle E. (Anonymous). Westchester County Department of Social Services, respondent; Demetria W. (Anonymous), appellant. (Docket Nos. B-6085-03, B-6081-03, B-6087-03)
| SCHEDULING ORDER |
Appeals by Demetria W. from three orders of the Family Court, Westchester County, all dated September 7, 2004. The appellant's brief was filed in the office of the Clerk of this court on October 3, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeals is enlarged until December 12, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32273
M/nal
|
2005-10350 In the Matter of Jonathan Wiggins, appellant, v Katherine Fava, respondent. (Docket No. V-10081-04)
| SCHEDULING ORDER |
Appeal by Jonathan Wiggins from an order of the Family Court, Suffolk County, dated September 13, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M32433
F/
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2004-02870 The People, etc., respondent, v James Baston, appellant. (Ind. No. 5422/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered March 24, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is
ORDERED that the motion is denied.
CRANE, J.P., MASTRO, FISHER, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
04 A 1799
Clinton Corr. Fac.
Box 2001
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M32440
S/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
REINALDO E. RIVERA, JJ.
|
2005-01716 The People, etc., respondent, v Hassan Denton, respondent. (Ind. No. 121/03)
| DECISION & ORDER ON MOTION |
The People having appealed from a sentence of the Supreme Court, Kings County, imposed January 27, 2005, and the appeal having been perfected on August 18, 2005, and the defendant having failed to timely file a brief in response thereto, now, in compliance with the requirements of People v Garcia (93 NY2d 42):
THE DEFENDANT IS HEREBY ADVISED
A. that he has the right to the assistance of counsel on the People's appeal;
B. that if he is financially unable to retain counsel he may make an application to this court for the assignment of counsel, and, upon proof of such financial inability, one will be appointed for him;
C. that he has the right to forego the assistance of counsel and to respond to the People's appeal pro se; and
D. that unless within 60 days from the date of this order the defendant either responds to the appeal pro se or by retained counsel, or moves for the appointment of counsel to represent him, he shall be deemed to have waived his right to counsel on the appeal and it shall be heard and determined on the People's brief and record alone; and,
ON THE COURT'S OWN MOTION, it is:
ORDERED that the People are directed to serve a copy of this decision and order upon the defendant:
1. by regular mail at his last known address, and
2. if the defendant was represented by retained counsel in the trial court, by regular mail to that retained attorney, who, in turn is directed to forward the same to the defendant by regular mail at the last address for the defendant known to that attorney, and
3. by publication for five consecutive days in a newspaper of general circulation in the county in which the defendant is last known to have resided; and it is further,
ORDERED that the People shall file proof of service of this decision and order as set forth in the foregoing decretal paragraph with the clerk of this court within 20 days of the date hereof; and it is further,
ORDERED that in the event that the defendant was represented by retained counsel in the Supreme Court, said retained counsel shall file with the clerk of this court within 45 days of the date hereof proof of forwarding a copy of this decision and order to the defendant as directed herein; and it is further,
ORDERED that the defendant's time to respond to the appeal pro se or by retained counsel, or to move for the assignment of counsel is enlarged until 60 days after the date of this decision and order, i.e., January 16, 2006, and in the event that he fails to so respond to the appeal or to move for the assignment of counsel within that time, the defendant shall be deemed to have waived his right to counsel, and the appeal shall be considered and determined on the appellant's brief and the record alone.
ADAMS, J.P., S. MILLER, RITTER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32432
F/
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2003-10886 The People, etc., respondent, v Chrisner Desulma, appellant. (Ind. No. 5579/88)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered November 21, 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.
CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
97 A 0123
Fishkill Corr. Fac.
Hospital RMU
Box 1245
Beacon, New York 12508
Appellate Division: Second Judicial Department
M32434
F/
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2005-09401 The People, etc., respondent, v Tyrus Dudley, appellant. (Ind. No. 5760/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered June 29, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Kings County, rendered June 29, 2005.
COZIER, J.P., KRAUSMAN, GOLDSTEIN, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32430
F/
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2004-10497 The People, etc., respondent, v Ramon Flores, appellant. (Ind. No. 1114-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Suffolk County, rendered October 28, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
CRANE, J.P., MASTRO, FISHER, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
04 A 5973
Elmira Corr. Fac.
Box 500
Elmira, New York 14902
Appellate Division: Second Judicial Department
M32420
Y/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-08552 The People, etc., respondent, v Van Griffin, appellant. (Ind. No. 3890/00)
| DECISION & ORDER ON MOTION |
Motion by the People on an appeal from a judgment of the Supreme Court, Queens County rendered September 8, 2003, to compel the appellant to file the complete transcripts of the trial proceedings in the above-entitled matter.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, and the appellant is directed to file the complete transcripts of the trial proceedings in the above-entitled matter on or before January 17, 2006.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32427
F/
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2005-03868
The People, etc., respondent, v Ronald Hatfield, Jr., appellant. (Ind. No. 04-00793)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered March 29, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Roger Kraminitz, Esq.
17 Hillside Avenue
Croton-on-Hudson, New York 10520
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
COZIER, J.P., KRAUSMAN, GOLDSTEIN, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 1707
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M32405
T/sl
|
2005-03918 The People, etc., appellants, v Ronald Mann, respondent. (Ind. No. 04-00318)
| 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, Rockland County, dated March 23, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 31, 2006, 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
M32431
F/
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-02881 The People, etc., respondent, v Calvin Moore, appellant. (Ind. No. 3889/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered March 15, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
COZIER, J.P., KRAUSMAN, GOLDSTEIN, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
04 A 1614
Five Points Corr. Fac.
Box 119
Romulus, New York 14541
Appellate Division: Second Judicial Department
M32429
F/
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-03004
The People, etc., respondent, v Peter Oakes, appellant. (Ind. No. 637-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered January 27, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
CRANE, J.P., MASTRO, FISHER, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 0681
Collins Corr. Fac.
Box 340
Collins, New York 14034
Appellate Division: Second Judicial Department
M32403
T/sl
|
2005-03920
The People, etc., appellants, v Christian Pantojas, respondent. (Ind. No. 04-00226)
| 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, Rockland County, dated March 22, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 25, 2006, 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
M32346
O/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-10333 The People, etc., ex rel., Anthony Wieners, petitioner, v William Lape, etc., respondent. (Index No. 100/04)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for permission to prosecute the above-entitled proceeding as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).
The allegations of merit contained in the petitioner's affidavit in support of the motion fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court