Appellate Division: Second Judicial Department
M17553
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-00606
Bank of New York, etc., et al., plaintiffs-respondents, v Jaime Ortiz, et al., appellants, et al., defendants; Kenneth Racktoo, intervenor-respondent. (Index No. 7784/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant Marga Ortiz on an appeal from an order of the Supreme Court, Queens County, dated December 22, 2003, to waive the filing fee for the motion, to enlarge the time to perfect the appeal, and for leave to prosecute the appeal as a poor person.
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 appeal of the defendant Jaime Ortiz is dismissed, without costs or disbursements, for failure to perfect the appeal in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal by the appellant Marga Ortiz is granted, the time of the appellant Marga Ortiz to perfect the appeal is enlarged until February 16, 2005, and the record or appendix on the appeal and the brief by the appellant Marga Ortiz must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to waive the filing fee for the motion is denied as unnecessary (see CPLR 8022[b]); and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the court's own motion, the matter is referred to the Supreme Court, Queens County, to reconstruct the papers submitted in connection with the motion which was determined by the order dated December 22, 2003, and to file a report settling the record; the Supreme Court shall file its report with all convenient speed; and it is further,
ORDERED that the appellant is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18261
CF/
|
2004-06257 Better Health Products, LLC, et al., appellants, v John O'Leary, respondent. (Index No. 1364/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 5, 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
M18268
CF/
|
2004-07899 Cleangen Corp., respondent, v Filmax Corp., et al., appellants. (Index No. 3795/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 28, 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
M18260
CF/
|
2004-05645 Robert DelPrete, et al., appellants, v James Gillis, respondent. (Index No. 15281/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated May 18, 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
M18255
CF/
|
2004-08877 Thomas H. Dillon, etc., respondent, v Hilton Beverage Co., Inc., et al., appellants (and third-party action). (Index No. 15891/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Landmark Food Corporation to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 3, 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 by Landmark Food Corporation is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18271
S/sl
|
2004-01251, 2004-01555
Natoya S. Edwards, etc., et al., appellants, v Allstate Insurance Company, et al., respondents. (Index No. 8754/02)
| 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 appeals from an order of the Supreme Court, Westchester County, dated December 23, 2003, and a judgment of the same court entered January 13, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 20, 2004, and 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
M18264
CF/
|
2004-06542 Ieshia Gibbs, et al., appellants, v Jermaine Monroe, et al., respondents. (Index No. 30443/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 25, 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
M18262
R/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2004-01219 Jasmine B. Johnston, etc., et al., respondents, v City of New York, appellant.
(Index No. 419/97)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated December 23, 2003, to substitute Edwin Johnston, Jr., as Legal Guardian of the infant plaintiff Jasmine B. Johnston, for the deceased plaintiff Debra Johnston, as guardian of the infant plaintiff Jasmine B. Johnston, and Edwin Johnston, Jr., as Administrator of the Estate, Goods, and Chattels of Debra Johnston, for the deceased plaintiff Debra Johnston, individually, to amend the caption accordingly, and to enlarge the time to serve and file a brief on the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to substitute Edwin Johnston, Jr., as Legal Guardian of the infant plaintiff Jasmine B. Johnston, for the deceased plaintiff Debra Johnston as guardian of the infant plaintiff Jasmine B. Johnston, and Edwin Johnston, Jr., as Administrator of the Estate, Goods, and Chattels of Debra Johnston, for the deceased plaintiff Debra Johnston, individually, is granted and the caption is amended accordingly; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file the respondent's brief is granted and the respondent's time to serve and file a brief is enlarged until December 15, 2004, and the respondent's brief must be served and filed on or before that date.
RITTER, J.P., S. MILLER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18275
E/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-03914
Malankara Archdiocese of Syrian Orthodox Church, N.A., et al., appellants, v Malankara Jacobite Center, et al., respondents. (Index No. 13610/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Westchester County, dated March 29, 2004, to stay the trial of a summary proceeding entitled Malankara Jacobite Center of North America v Eapen pending in the City Court of White Plains under Index No. SP-1449-03, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18278
R/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-05771, 2004-05772, 2004-08732 Frederick J. Mancheski, respondent-appellant, et al., plaintiff, v Gabelli Group Capital Partners, Inc., appellant-respondent.
(Index No. 18762/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay all proceedings in the above-entitled action pending hearing and determination of appeals and a cross appeal from two orders of the Supreme Court, Westchester County, both entered May 13, 2004, and an order of the same court dated August 26, 2004, and for a preference in the calendaring of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18272
S/sl
|
2004-04373
Pamela K. Norum, appellant, v Thomas Landau, respondent. (Index No. 10762/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated April 5, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 6, 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
M18270
CF/
|
2004-03768 139 Bay Street Corporation, et al., respondents, v Scottsdale Insurance Company, appellant, et al., defendants. (Index No. 13221/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated March 8, 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
M18267
CF/
|
2004-03079 Pennsy Corporation, respondent, v Samuel Pinter, et al., appellants. (Index No. 28440/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 16, 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
M18277
S/sl
|
2004-03691
The People of the State of New York, etc., respondent, v Sidney Goldenberg, appellant. (Index No. 13250/04)
| 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, Kings County, dated March 25, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 13, 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
M18274
S/sl
|
2003-11395
Jonathan Perez, etc., respondent, v St. John's Episcopal Hospital South Shore, defendant, Interfaith Medical Center, et al., appellants. (Index No. 26675/96)
| 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 a judgment of the Supreme Court, Kings County, entered December 16, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 30, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18273
S/sl
|
2004-01274, 2004-09005 Theresa Travis, respondent, v Gregory Mason, et al., appellants. (Index No. 7489/02)
| ORDER ON APPLICATION |
Motion by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from a judgment of the Supreme Court, Westchester County, dated January 9, 2004, and an order of the same court dated September 21, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 16, 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
M18279
R/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-11100 University of Pennsylvania, appellant, v Larry Farkas, respondent.
(Index No. 8499/95)
| 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, Nassau County, dated June 10, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18266
CF/
|
2004-06599 Mary L. Walker, appellant, v Village of Ossining, et al., respondents. (Index No. 5935/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 30, 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
M18280
R/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-07484, 2004-07486 In the Matter of Jennifer Bowe, respondent, v Louie Robinson, appellant. (Docket Nos. V-13871/00, V-02277/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, inter alia, to vacate two orders of the Family Court, Queens County, both dated July 15, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18269
CF/
|
2004-08548 In the Matter of Annette V. Campo, respondent, v John P. Campo, appellant. (Docket No. V-2252-01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated August 16, 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
M18265
R/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-08909
In the Matter of Jill Coulter, petitioner-respondent, v Albert Scales, respondent-respondent; Michael S. Bromberg, Law Guardian, nonparty-appellant.
(Docket No. V-02405/00)
| DECISION & ORDER ON MOTION |
Motion by the nonparty appellant to stay enforcement of an order of the Supreme Court, Suffolk County, entered September 29, 2004, 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 granted and enforcement of the order entered September 29, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 16, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 16, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
FLORIO, J.P., KRAUSMAN, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18297
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-03333, 2004-03334
In the Matter of Christyn Ann D. (Anonymous). Suffolk County Department of Social Services, respondent; Howard D. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Stephanie Lynn D. (Anonymous). Suffolk County Department of Social Services, respondent; Howard D. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket Nos. N-138-01, N-139-01, N-140-01, N 141-01, B-17042-02, B-17045-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant Charlotte D. for leave to prosecute appeals from two orders of the Family Court, Suffolk County, both dated March 29, 2004, 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 appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals for Charlotte D.:
Susan DeNatale, Esq.
501 William Floyd Parkway
Shirley, New York 11967
(631) 902-2001
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
FLORIO, J.P., KRAUSMAN, COZIER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18292
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-03333, 2004-03334
In the Matter of Christyn Ann D. (Anonymous). Suffolk County Department of Social Services, respondent; Howard D.(Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Stephanie Lynn D. (Anonymous). Suffolk County Department of Social Services, respondent; Howard D.(Anonymous), et al., appellants. (Proceeding No. 2) (Docket Nos. N-138-01, N-139-01, N-140-01, N 141-01, B-17042-02, B-17045-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant Howard D. for leave to prosecute appeals from two orders of the Family Court, Suffolk County, both dated March 29, 2004, 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 appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals for Howard D.:
David A. Morris, Esq.
93 Wheeler Road
Central Islip, New York 11722
(631) 234-8234
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
FLORIO, J.P., KRAUSMAN, COZIER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16415
M/nal
|
2004-08329 In the Matter of Brittany Noel G. (Anonymous). Suffolk County Attorney, respondent; Grady Edward G. (Anonymous), appellant. (Docket No. B-10651-04)
| SCHEDULING ORDER |
Appeal by Grady Edward G. from an order of the Family Court, Suffolk County, dated August 25, 2004. By decision and order on motion of this court dated November 9, 2004, the following attorney was assigned as counsel on the appeal:
Channing Kury, Esq.
15 Saratoga Street
Commack, New York 11725
(631) 499-0105
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel 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 any 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 the order of this court dated November 9, 2004, has been served upon the clerk of the court from which the appeal is taken, 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 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M18291
M/nal
|
2004-05421 In the Matter of Shmuel G. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, respondent; Rivka G. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Esther G. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, respondent; Rivka G. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-1132-3/02, N-1133-3/02)
| SCHEDULING ORDER |
Appeal by Rivka G., by permission, from an order of the Family Court, Kings County, dated June 21, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 15, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk 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
M18294
M/nal
|
2003-02180, 2003-02799, 2003-07972 In the Matter of Jehuda Ish-Shalom, appellant, v Veronica Wittmann, respondent. (Docket Nos. V-695/97, V-696/97)
| SCHEDULING ORDER |
Appeals by Jehuda Ish-Shalom from two orders of the Family Court, Westchester County, both entered February 6, 2003, and an order of the same court entered July 25, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 24, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeals is enlarged until January 5, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18300
M/nal
|
2004-08683
In the Matter of Laurie Keane, respondent, v Mitchel Kassman, appellant. (Docket No. F-2398-99)
| ORDER TO SHOW CAUSE |
Appeal by Mitchel Kassman from an order of the Family Court, Suffolk County, dated September 15, 2004. By scheduling order dated October 12, 2004, 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 12, 2004, 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 30, 2004; 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
M18301
S/sl
|
2004-09939
In the Matter of Ella Kiselgof, petitioner, v New York State Division of Housing & Community Renewal, et al., respondents. (Index No. 6478/03)
| 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, Kings County, dated April 28, 2004. Separate application by the respondent New York State Division of Housing & Community Renewal to enlarge its time to serve and file a brief.
ORDERED that the applications are granted and the petitioner's time to perfect the proceeding is enlarged until December 10, 2004, and the record or appendix on the proceeding and the petitioner's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents' respective briefs shall be served and filed on or before March 10, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18293
M/nal
|
2004-06840, 2004-06841, 2004-06842 In the Matter of Juliane M. (Anonymous). Administration for Children's Services, petitioner-respondent; Theresa M. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Matthew M. (Anonymous). Administration for Children's Services, petitioner-respondent; Theresa M. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. N-16712/01, N-16713/01)
| SCHEDULING ORDER |
Appeals by Theresa M. from three orders of the Family Court, Queens County, all dated August 10, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 15, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
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
M18296
M/nal
|
2004-05308 In the Matter of Cynthia Martinez, respondent, v Geraldo Martinez, appellant. (Docket No. F-03051-03)
| SCHEDULING ORDER |
Appeal by Geraldo Martinez from an order of the Family Court, Orange County, dated May 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 14, 2004. The respondent's brief was served and filed on November 3, 2004. 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 November 26, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18276
E/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-02456 In the Matter of New York Paving, Inc., petitioner, v Raymond P. Martinez, respondent. (Index No. 1495/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to serve and file a supplemental record containing a map that the appellant presented at the administrative hearing in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Queens County, dated March 3, 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 on or before December 1, 2004, the respondent shall serve and file a supplemental record containing the above-mentioned map.
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18309
S/sl
|
2004-09945
In the Matter of Galina Plazinska, et al., petitioners, v New York State Division of Housing & Community Renewal, et al., respondents. (Index No. 5943/03)
| ORDER ON APPLICATION |
Application by the petitioners 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, Kings County, dated April 28, 2004. Separate application by the respondent New York State Division of Housing & Community Renewal to enlarge its time to serve and file a brief.
ORDERED that the applications are granted and the petitioners' time to perfect the proceeding is enlarged until December 10, 2004, and the record or appendix on the proceeding and the petitioners' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents' respective briefs shall be served and filed on or before March 10, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18304
S/sl
|
2004-09943
In the Matter of Lioubov Pronina, et al., petitioners, v New York State Division of Housing & Community Renewal, et al., respondents. (Index No. 53807/02)
| ORDER ON APPLICATION |
Application by the petitioners 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, Kings County, dated March 31, 2004. Separate application by the respondent New York State Division of Housing & Community Renewal to enlarge its time to serve and file a brief.
ORDERED that the applications are granted and the petitioners' time to perfect the proceeding is enlarged until December 10, 2004, and the record or appendix on the proceeding and the petitioners' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents' respective briefs shall be served and filed on or before March 10, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18295
M/nal
|
2003-06350
In the Matter of Jennifer R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Gordana K. (Anonymous), appellant; Steven R. (Anonymous), respondent. (Proceeding No. 1) (Docket Nos. N-2457-99, N-2458-99) In the Matter of Steven R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Gordana K. (Anonymous), appellant; Steven R. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. N-2461-99, N-2462-99)
| SCHEDULING ORDER |
Appeal by Gordana K. from an order of the Family Court, Suffolk County, dated June 10, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 12, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk 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
M18306
S/sl
|
2004-09941
In the Matter of Rina Vaynshteyn, petitioner, v New York State Division of Housing & Community Renewal, et al., respondents. (Index No. 4262/03)
| 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, Kings County, dated March 31, 2004. Separate application by the respondent New York State Division of Housing & Community Renewal to enlarge its time to serve and file a brief.
ORDERED that the applications are granted and the petitioner's time to perfect the proceeding is enlarged until December 10, 2004, and the record or appendix on the proceeding and the petitioner's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents' respective briefs shall be served and filed on or before March 10, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18316
M/nal
|
2004-03525
In the Matter of Yvette W. (Anonymous), respondent, v Simmons G. (Anonymous), appellant. (Docket No. P-1992-01)
| ORDER TO SHOW CAUSE |
Appeal by Simmons G. from an order of the Family Court, Kings County, dated March 31, 2004. By scheduling order dated September 9, 2004, 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) 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 9, 2004, 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 30, 2004; 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
M18290
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-04450
In the Matter of Rosalie Westenberger, respondent, v Kurt Westenberger, appellant. (Docket No. F-2837-01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated April 14, 2004, 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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Amy Colvin, Esq.
P.O. Box 2091
Halesite, New York 11743
(516) 424-8495
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., KRAUSMAN, COZIER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18299
M/nal
|
2004-08356
In the Matter of Yin-Ling Lee, respondent, v Kong-Wai Wong, appellant. (Docket No. F-04126/00)
| ORDER TO SHOW CAUSE |
Appeal by Kong-Wai Wong from an order of the Family Court, Kings County, dated August 23, 2004. By scheduling order dated October 12, 2004, 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) 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 12, 2004, 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 30, 2004; 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
M18282
F/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
1995-04756 The People, etc., respondent, v Anthony Anderson, appellant. (Ind. No. 7119/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from judgment of the Supreme Court, Kings County, rendered May 3, 1995.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto,
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18285
F/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-08416 The People, etc., respondent, v Willie Chatmon, appellant. (Ind. No. 03-00398)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Westchester County, rendered September 15, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18327
S/sl
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2002-09629 The People, etc., respondent, v Robert Clark, appellant. (Ind. No. 2386-01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated September 24, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the County Court, Suffolk County, rendered September 20, 2002, to include the transcripts of stenographic minutes of the proceedings which occurred before the First District Court, Suffolk County, in the above-entitled action on October 25, 2001, and before the County Court, Suffolk County , on November 7, 2001, January 4, 2002, April 16, 2002, and May 21, 2002.
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 order of this court dated December 18, 2002, which granted poor person relief to the appellant is amended to include a direction to the court reporter to make, certify and file two transcripts of the stenographic minutes of the above-referenced proceedings, if they are available, and the Clerk of the trial court is directed to furnish one copy to the appellant's counsel, without charge; and it is further,
ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of the above-referenced proceedings 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 the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (22 NYCRR 670.1, et seq.) and written directions; 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, and to deliver the transcript of the stenographic minutes of the above-referenced proceedings to the respondent when the appellant's brief is served.
ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18281
F/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2003-09491 The People, etc., respondent, v John Douglas, appellant. (Ind. No. 10540/02)
| 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, Queens County, rendered October 24, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
H. MILLER, J.P., GOLDSTEIN, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 R 5694
Greene Corr. Fac.
Box 975
Coxsackie, New York 12501
Appellate Division: Second Judicial Department
M18326
O/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-05381 The People, etc., respondent, v Yvette Dowling, appellant. (Ind. No. 1841/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Nassau County, rendered June 4, 2004, to continue the stay of execution of said judgment pending hearing and determination of the appeal to this court.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the stay of execution of the judgment granted by decision and order on motion of this court dated July 21, 2004, is continued pending hearing and determination of the appeal, on the same bail conditions set forth in this court's decision and order on motion dated July 21, 2004, and on the further condition that the appeal is perfected on or before February 17, 2005; and it is further,
ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before February 17, 2005; and it is further,
ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court for execution of sentence.
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18287
F/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-04295 The People, etc., respondent, v Mark Gruttadauria, appellant. (Ind. No. 599-03)
| DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel of Assignment |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered April 6, 2004, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on October 12, 2004, and the following named attorney was assigned 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
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; previously assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned to prosecute the appeal:
Mark Diamond, Esq.
Box 287356
Yorkville Station
New York, New York 10128
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 pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that 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.
H. MILLER, J.P., GOLDSTEIN, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18284
F/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-07257
The People, etc., respondent, v Dennis Hunt, appellant. (Ind. No. 1073/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Nassau County, rendered July 27, 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 denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18263
F/
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-03305 The People, etc., respondent, v Dwayne Lawson, appellant. (Ind. No. 1121/02)
| 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, Queens County, rendered April 8, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall adv ise the appellant of the date by which the minutes are to be returned and the brief filed.
RITTER, J.P., H. MILLER, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 A 2062
Green Haven Corr. Fac.
Box 4000
Stormville, New York 12582
Appellate Division: Second Judicial Department
M18305
F/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2003-02798 The People, etc., respondent, v Arturo Montalvo, appellant. (Ind. No. 1538-02)
| DECISION & ORDER ON MOTION |
Motion by Michael P. Berkley, Esq., to be substituted as retained counsel, in place of assigned counsel, to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered March 10, 2003, and to continue his poor person status on the appeal. The appellant's motion to dispense with printing and for assignment of counsel was granted on May 19, 2003, and the following named attorney was 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
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 said assigned counsel is directed to turn over all papers in the action to retained counsel:
Michael P. Berkley, P.C.
585 Stewart Avenue - Suite 720
Garden City, New York 11530
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged. Retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (22 NYCRR 670.1, et seq.) and written directions.
H. MILLER, J.P., GOLDSTEIN, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
Michael P. Berkley, P.C.
585 Stewart Avenue - Suite 720
Garden City, New York 11530
Appellate Division: Second Judicial Department
M18289
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-04657
The People, etc., respondent, v Donald Musmacher, appellant. (Ind. No. 625-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered April 23, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 2509
Elmira Corr. Fac.
Box 500
Elmira, New York 14902
Appellate Division: Second Judicial Department
M17914
F/
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2002-00733 The People, etc., respondent, v Timothy Paskell, appellant.
(Ind. No. 306/98)
| DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel of Assignment |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from an amended judgment of the County Court, Dutchess County, rendered November 26, 2002, and for assignment of new counsel and separate motion by the Public Defender to be relieved as assigned counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on March 19, 2003, and the following named attorney was assigned to prosecute the appeal:
David Goodman, Esq.
Public Defender
22 Market Street
Poughkeepsie, New York 12601
Upon the papers filed in support of the motions and the papers filed in relation thereto, it is
ORDERED that the motions are granted; previously assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned to prosecute the appeal:
Arza R. Feldman, Esq.
626 EAB Plaza
West Tower - 6th Floor
Uniondale, New York 11556
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 pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that 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.
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO, and FISHER,, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18288
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-08410
The People, etc., respondent, v Sherrie Passalacqua, appellant. (Ind. No. 1020-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered August 23, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
307 Cedar Avenue
Patchogue, New York 11772
Appellate Division: Second Judicial Department
M18283
F/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-08101 The People, etc., respondent, v Shawn Shemack, appellant. (Ind. No. 1250/02)
| 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 County Court, Nassau County, rendered December 23, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the 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 County Court, Nassau County, rendered December 23, 2003.
H. MILLER, J.P., GOLDSTEIN, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18286
F/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-08976
The People, etc., plaintiff, v Jamal Wilson, defendant. (Ind. No. 03-00685)
| 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, Westchester County, rendered May 11, 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.
H. MILLER, J.P., GOLDSTEIN, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 3078
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562