Appellate Division: Second Judicial Department
M32620
C/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
PETER B. SKELOS, JJ.
|
2005-09340 ALD Holding Corp., appellant, v F&O Port Corp., et al., respondents. (Index No. 2732-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated August 22, 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.
FLORIO, J.P., SCHMIDT, ADAMS and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32525
S/sl
|
2005-05765
Roseanne J. Agnello, respondent, v James J. Agnello, appellant. (Index No. 1791/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated April 19, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 7, 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
M32584
S/nal
|
2005-03206
American Building Supply Corp., plaintiff, v Avalon Properties, Inc., a/k/a Avalon Bay Properties, Inc., appellant-respondent, York Hunter Construction, Inc., et al., respondents-appellants, et al., defendants. (Index No. 8976/99)
| ORDER ON APPLICATION |
Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their briefs on an appeal from a judgment of the Supreme Court, Westchester County, entered February 24, 2005, and to enlarge the time to serve and file reply briefs.
ORDERED that the application is granted; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering briefs, including their points of argument on their cross appeals, on or before November 22, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the appellant-respondent shall serve and file its reply brief on or before December 22, 2005, and the respondents-appellants shall serve and file their respective reply briefs on or before December 30, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32527
S/sl
|
2005-01603
Joseph C. Andruzzi, appellant, v County of Nassau, et al., respondents. (Index No. 10944/33)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated December 13, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 3, 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
M32561
Y/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2004-07338 Linda K. Cheung, et al., plaintiffs-respondents, v Dominican Convent of Our Lady of the Rosary, et al., appellants, Margaret Talbot, et al., defendants-respondents, et al., defendants. (Action No. 1) (Index No. 28490/02) Marianne Morelli, appellant, v Guang Wei Guan, et al., defendants. (Action No. 2) (Index No. 8679/02)
| DECISION & ORDER ON MOTION |
Motion by the Linda K. Cheung for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated July 19, 2004, which was determined by decision and order of this court dated October 3, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., SCHMIDT, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32605
S/sl
|
2005-00889
Albert Colao, et al., appellants, v Community Programs Center of Long Island, Inc., respondent. (Index No. 01-17595)
| 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, Suffolk County, dated November 1, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 30, 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
M32565
R/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-03439, 2005-06046 Anita Crawn, a/k/a Anita Crown, etc., appellant, v Lily Sayah, respondent.
(Index No. 9543/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, entered March 4, 2005, for leave to serve and file a supplemental record on the appeal and to enlarge the time to serve and file a brief.
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 for leave to serve and file a supplemental record is granted to the extent that on or before December 2, 2005, the appellant is directed either to correct the record on appeal on file with the court or to serve and file a supplemental record containing the material set forth in the affirmation of Walter Schwartz dated October 26, 2005, attached to the respondent's moving papers and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a respondent's brief is granted and the respondent's time to serve and file a brief is enlarged until January 3, 2006, and the respondent's brief must be served and filed on or before that date.
PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32528
S/sl
|
2005-06886, 2005-06887
Christopher D'Ablemont, et al., appellants, v Finkelstein Newman, LLP, etc., et al., respondents. (Index No. 01839/05)
| ORDER ON APPLICATION |
Application by the appellant Eugene D'Ablemont pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Westchester County, entered June 2, 2005, and July 8, 2005.
ORDERED that the application is granted and the movant's time to perfect the appeals is enlarged until February 14, 2006, and the record or appendix on the appeals and the movant'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
M32522
S/sl
|
2005-01692
Equicredit Corporation of America, plaintiff- respondent, v Henry Goldman, et al., appellants, et al., defendant. (Index No. 18918/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered January 19, 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
M32619
O/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2005-03220, 2005-07161 Hugh Gershon, respondent-appellant, v Judith Goldberg, et al., appellants-respondents. (Index No. 4331/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents George P. Frooks and Frooks & Frooks to stay the trial in the above-entitled action pending hearing and determination of appeals and a cross-appeal from an order of the Supreme Court, Westchester County, entered March 14, 2005, and appeals from an order of the same court entered July 7, 2005.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32555
Y/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
REINALDO E. RIVERA, JJ.
|
2005-09040 John Hartnett, respondent, v County of Suffolk, et al., appellants. (Index No. 19558/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated August 15, 2005, on the ground, inter alia, that the order is not appealable.
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 appeal is dismissed, without costs or disbursements (see Katz v Katz, 68 AD2d 536).
ADAMS, J.P., S. MILLER, RITTER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32524
S/sl
|
2005-01789
Natalie Levi, etc., appellant, v Senad Kratovac, et al., respondents. (Index No. 22020/01)
| 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, Queens County, dated January 11, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 3, 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
M32599
A/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-08091
Elaine Martin, appellant, v Geico Direct Insurance, respondent. (Index No. 12562/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated July 14, 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 opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32568
S/sl
|
2005-05111
William Moore, respondent, v R.R.L.L. Leasing Corp., et al., defendants, Transportation Planning Corp., d/b/a All Island Transportation, d/b/a McBrides, All Island Taxi of Hempstead, et al., appellants. (Index No. 30739/99)
| ORDER ON APPLICATION |
ORDERED that the order on application of this court dated November 14, 2005, in the above-entitled action is amended by deleting from the decretal paragraph thereof the date "December 2, 2005," and substituting therefor the date "January 4, 2006".
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32597
Y/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-05958
Theodore Petties, appellant, v New York City Housing Authority, respondent. (Index No. 23600/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated June 3, 2005 , as a poor person, and to stay enforcement of the order pending hearing and determination of the appeal.
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.
COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32616
L/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2004-08513 Prudential Property & Casualty Insurance Company, a/s/o Narad Bhramdat v Show Win Japanese Restaurant, Inc., et al., respondents. (Index No. 23215/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 16, 2004.
Upon the stipulation of the attorneys for the respective parties, dated November 11, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
H. MILLER, J.P., ADAMS, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32588
S/sl
|
2005-04903
Pamela Faith Robbins, etc., appellant, v South Shore Nursing Home, Inc., etc., respondent. (Index No. 4301/03)
| 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, Nassau County, dated March 31, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 16, 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
M32595
A/nal
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-00470
Maguy C. Sica, appellant, v Aristede Manns, Jr., et al., respondents. (Index No. 50544/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 19, 2004.
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 appellant's time to perfect the appeal is enlarged until January 20, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32558
Y/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
REINALDO E. RIVERA, JJ.
|
2005-03146 Gerald Smith, respondent, v Nancy Smith, appellant. (Index No. 04-4368)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Orange County, dated February 4, 2005, for failure to timely perfect the appeal in accordance with the rules of this court.
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 appeal is dismissed, without costs or disbursements.
ADAMS, J.P., S. MILLER, RITTER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32593
A/nal
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
GLORIA GOLDSTEIN, JJ.
|
2004-03600
William Tepper, et al., appellants, v Cablevision Systems Corporation, et al., respondents. (Index No. 11132/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered March 11, 2004, which was determined by decision and order of this court dated June 20, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
H. MILLER, J.P., SCHMIDT, ADAMS and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32562
S/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-05045, 2005-05046, 2005-05047 2005-05048, 2005-05049 Marc Waldman, etc., respondent v Shereen Bobrowsky, etc., appellant. (Index No. 26503/94)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that the decision and order on motion of this court dated August 11, 1005, is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the appellant for leave to prosecute appeals from two orders of the Supreme Court, Kings County, dated February 25, 2002 (Appellate Division Docket No. 2005-05045), and April 14, 2005 (Appellate Division Docket No. 2005-05049), respectively, two orders of the same court both dated February 24, 2005 (Appellate Division Docket Nos. 2005-05047 and 2005-05048), and a judgment of the same court entered June 18, 2004 (Appellate Division Docket No. 2005-05046), 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 on the court's own motion, the appeals from the order dated February 25, 2002 (Appellate Division Docket No. 2005-05045), and the judgment entered June 18, 2004 (Appellate Division Docket No. 2005-05046) are dismissed, without costs or disbursements, as no appeal lies from an order or judgment entered on the default of the appealing party (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeals from the order dated February 25, 2002, and the judgment as a poor person and for the assignment of counsel are denied as academic; and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeals from the orders dated April 14, 2005, and February 24, 2005, on the original papers are granted, and those appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel on the appeals from the orders dated April 14, 2005, and February 24, 2005, are denied.
RITTER, J.P., SANTUCCI, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32559
Y/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-02810, 2005-07160 Peter Wallace, et al., respondents, v Stonehenge Group, Ltd., et al., appellants. (Index No. 13018/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from an order of the Supreme Court, Westchester County, entered March 4, 2005, and a judgment of the same court dated July 5, 2005, for this court to take judicial notice of certain material.
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., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32594
Y/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-08674
In the Matter of Deborah Accardi, f/k/a Deborah Turner, respondent, v Hugh Turner, appellant. (Docket No. V-07043-04)
| DECISION & ORDER ON MOTION |
Appeal by Hugh Turner from an order of the Family Court, Dutchess County, dated July 25, 2005. By order to show cause dated October 17, 2005, the parties were 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 on the ground that the order appealed from was entered upon the consent of the appellant (see CPLR 5511), by filing an affirmation on that issue with the Clerk of this court.
Now, on the court's own motion, and the papers filed in opposition to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, without prejudice to the appellant moving before the Family Court, Dutchess County, to vacate the order dated October 17, 2005.
COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32613
C/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2004-10881 In the Matter of Contello Towers II Corporation, v New York City Department of Housing Preservation and Development, et al., appellants. (Index No. 46978/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant New York City Department of Housing Preservation and Development to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated October 25, 2004.
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 movant's time to perfect the appeal is enlarged until December 5, 2005, and the record or appendix on the appeal and the movant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32587
A/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2003-11422 In the Matter of Cortland, LLC, respondent, v Zoning Board of Appeals of Village of Roslyn Estates, et al., appellants. (Index No. 259/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Nassau County, entered November 12, 2003, which was determined by decision and order of this court dated August 1, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., SCHMIDT, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32617
K/nl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
SONDRA MILLER, JJ.
|
1996-03477 In the Matter of Harvey Fein, admitted as Harvey Henry Fein, a disbarred attorney. (Attorney Registration No. 1954478)
| DECISION & ORDER ON APPLICATION FOR REINSTATEMENT |
Application by the respondent, Harvey Fein, for reinstatement as an attorney and counselor-at-law. By decision and order on application dated May 7, 1996, the Grievance Committee for the Second Judicial District was authorized to institute and prosecute a disciplinary proceeding against the respondent and the issues raised were referred to the Honorable Moses M. Weinstein, as Special Referee to hear and report. By opinion and order of this court dated May 19, 1997, the respondent was disbarred based upon five charges of professional misconduct. By decision and order on motion of this court dated July 9, 1997, the respondent's motion for reargument of this court's opinion and order dated May 19, 1997, and upon reargument, vacatur of the disbarment and imposition of a less severe sanction, or in the alternative, for leave to appeal to the Court of Appeals, was denied. By decision and order on motion of this court dated April 17, 2003, the respondent's motion for an order modifying the discipline imposed on him and reinstating him to the practice of law was denied. By decision and order on application of this court dated December 1, 2004, the respondent's application for reinstatement was held in abeyance and the matter referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney, including but not limited to the submission of letters from the respondent's employer(s), if any, since the time of his disbarment. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 30, 1960, under the name Harvey Henry Fein.
Upon the report of the Committee on Character and Fitness, it is
ORDERED that the motion is granted; and it is further,
ORDERED that, effective immediately, the respondent Harvey Fein, admitted as Harvey Henry Fein, is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Harvey Henry Fein, to the roll of attorneys and counselors-at-law.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and S. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32589
S/sl
|
2005-04293
In the Matter of James Fitzgerald, respondent, v State University of New York at Stony Brook, appellant. (Index No. 6016/05)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal, by permission, from an order of the Supreme Court, Suffolk County, dated April 18, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 19, 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
M32585
Y/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-09422 In the Matter of Harry P. Flores, et al., appellants, v Sabrina J. Deabreu, a/k/a Sabrina J. Altiery, respondent. (Docket No. V-5970-05)
| DECISION & ORDER ON MOTION |
Appeal by the petitioners from an order of the Family Court, Suffolk County, dated September 2, 2005. By order to show cause dated October 17, 2005, the parties were 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 on the ground that the order appealed from was entered upon the default of the appellants (see Marino v Termini, 4 AD3d 342).
Now, on the court's own motion, and the papers filed in opposition to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, without prejudice to the appellants moving before the Family Court, Suffolk County, to vacate their default (see Marino v Termini, 4 AD3d 342).
CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32569
M/nal
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM A. MASTRO
ROBERT J. LUNN, JJ.
|
2005-01783, 2005-02911 In the Matter of Elvis G. (Anonymous), appellant. (Docket No. D-10863/04)
| SCHEDULING ORDER |
Appeals by Elvis G. from two orders of the Family Court, Queens County, dated January 13, 2005, and February 8, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on September 28, 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 respondent's time to serve and file a brief on the appeals is enlarged until November 28, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32573
R/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-09125
In the Matter of Keith Greene, appellant, v Cindy Holmes, respondent. (Docket Nos. F-2012-95, P-6305-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Orange County, dated September 6, 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 opposition thereto, it is
ORDERED that the branches of the motion which are for the waiver of fees, a free transcript, and the assignment of counsel are denied; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see 22 NYCRR 670.9[d][1]).
PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32574
F/
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-09669
In the Matter of Wenona C. Hauser, appellant, v Antonio F. Pruitt, respondent. (Docket Nos. V-00754-99, V-00755-99 V-00749-05, V-00750-05)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Rockland County, dated September 21, 2005, 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:
Law Offices of K. D. Rothman, Esq.
55 Old Turnpike Road - Suite 202
Nanuet, New York 10954
(845) 627-3200
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.
PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32566
Y/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-10315 In the Matter of Paula Lennon, respondent, v David Henry, appellant. (Docket No. P-2403/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Kings County, dated September 22, 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.
PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32572
F/
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-06579 In the Matter of Ella B. Montesdeoca, respondent, v Hector B. Montesdeoca, appellant. (Proceeding No. 1) (Docket Nos. V-6915-03, V-6916-03, V-6917-03, V-6918-03) In the Matter of Hector B. Montesdeoca, appellant, v Ella B. Montesdeoca, respondent. (Proceeding No. 2) (Docket Nos. V-6949-03, V-6950-03, V-6951-03, V-6952-03)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in proceedings before the Family Court, Nassau County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Nassau County, dated June 24, 2005, and for leave to the appellant to prosecute the appeal as a poor person.
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 counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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 Court Act § 1116); and it is further,
ORDERED that the stenographers(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 minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and 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
(631) 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.
PRUDENTI, P.J., H. MILLER, MASTRO, and LUNN, JJ., concur.BENCH
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32557
S/sl
ROBERT W. SCHMIDT, J.P.
STEPHEN G. CRANE
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2003-11316 In the Matter of Howard Norton, respondent, v Town of Islip, et al., appellants. (Index No. 19018/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 10, 2005, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Suffolk County, dated December 15, 2003, which was determined by decision and order of this court dated April 11, 2005, or, to clarify the decision and order of this court, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SCHMIDT, J.P., CRANE, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32577
F/
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-08763 In the Matter of Imelda R. (Anonymous), a/k/a Imelda R. R. (Anonymous). Catholic Home Bureau for Dependent Children, respondent; Blanca R. (Anonymous), appellant. (Docket No. B-8672-02)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated July 29, 2005, and for leave to the appellant to prosecute the appeal as a poor person.
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 counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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 Court Act § 1116); and it is further,
ORDERED that the stenographers(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 minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and 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:
Catherine S. Bridge, Esq.
1358 Clove Road
Staten Island, New York 10301
(718) 448-9600
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.
PRUDENTI, P.J., H. MILLER, MASTRO, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32567
M/nal
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-03765 In the Matter of Jennifer R. (Anonymous). Suffolk County Department of Social Services, respondent; Steven R. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Steven R. (Anonymous). Suffolk County Department of Social Services, respondent; Steven R. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket Nos. B-11328-03, B-11329-03 B-11334-03, B-11335-03)
| DECISION & ORDER ON MOTION |
Separate appeals by Steven R. and Gordana R. from an order of the Family Court, Suffolk County, dated January 31, 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 perfect the separate appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellants' respective briefs on the appeals is enlarged until December 12, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32581
A/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-08982, 2004-08983 In the Matter of Malika Lenasia R. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; Latrece Verna R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Shatima Letrece R. (Anonymous). Lakeside Family and Children's Services, Inc., Respondent; Latrece Verna R. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-16693/01, B-16694/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue appeals from two orders of the Family Court, Queens County, which were determined by decision and order of this court dated August 1, 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.
ADAMS, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32590
S/sl
|
2004-11249
In the Matter of Daniel Rincon, petitioner, v Donald Selsky, etc., et al., respondents. (Index No. 1713/04)
| 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 in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated November 18, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 9, 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
M32526
S/sl
|
2004-10293
In the Matter of Town of Huntington, petitioner, v New York State Board of Real Property Services, et al., respondents.
| ORDER ON APPLICATION |
Application by the respondent New York State Board of Real Property Services pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in a proceeding pursuant to RPTL 1218.
ORDERED that the application is granted and the movant's time to serve and file an brief is enlarged until January 9, 2006, and the movant'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
M32583
Y/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-08934, 2005-08935, 2005-08936 In the Matter of "Baby Girl" W. (Anonymous), a/k/a Jaclyn W. (Anonymous). Jewish Child Care Association, petitioner-respondent; Jack W. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of "Baby Girl" W. (Anonymous), a/k/a Teyana W. (Anonymous). Jewish Child Care Association, petitioner-respondent; Jack W. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of "Baby Boy" W. (Anonymous), a/k/a Kareem W. (Anonymous). Jewish Child Care Association, petitioner-respondent; Jack W. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) (Docket Nos. B-15816/03, B-15817/03, B-15815/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to prosecute an appeal from three orders of the Family Court, Kings County, all dated August 22, 2005 (one as to each child), 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 to the extent 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 minutes 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:
David Laniado, Esq.
189 Montague Street, Suite 303
Brooklyn, New York 11201
(718) 246-9444
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, and the motion is otherwise denied.
PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32576
R/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-09469 In the Matter of Carolyn Warmus, petitioner, v Francine Tursi, etc., et al., respondents. (Index No. 90-1538)
| DECISION & ORDER ON MOTION |
Application by the petitioner pursuant to Judiciary Law � 509 to direct, among others, the Commissioner of Jurors of Westchester County, the Office of Court Administration, and the Westchester County District Attorneys' Office to provide to her, inter alia, the names and addresses of the twelve jurors who sat on her criminal trial and the juror questionnaires that they completed.
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 denied.
PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32596
S/nal
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
GLORIA GOLDSTEIN, JJ.
|
2004-08826
The People, etc., respondent, v Mauricio Argueta, appellant. (Ind. No. 1965/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief |
On the court's own motion, it is
ORDERED that its decision and order on motion dated May 19, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Nassau County, rendered September 9, 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 opposition 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 Clerk of the trial court shall furnish one certified transcript of the proceeding 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Kerry Sloane Basset, Esq.
Lewis, Johs, Avallone & Kaufman, LLP
425 Broad Hollow Road - Suite 400
Melville, New York 11747
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.
H. MILLER, J.P., SCHMIDT, ADAMS, and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
8623-FI-115
York County Prison
3400 Concord Road
York, Pa. 17402
Appellate Division: Second Judicial Department
M32570
F/
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-05070 The People, etc., respondent, v Wilmer Barnes, appellant. (Ind. No. 996/04)
| DECISION & ORDER ON MOTION |
Motion by Murray E. Singer, Esq., to be substituted as retained counsel, in place of assigned counsel, to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered May 18, 2005, and to continue the appellant's poor person status on the appeal. The appellant's motion to dispense with printing and for assignment of counsel was granted on September 22, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
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:
Murray E. Singer, Esq.
241 East Shore Road - Suite 201
Great Neck, New York 11023
and it is further,
ORDERED that the appellant's poor person status is continued; 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.
PRUDENTI, P.J., H. MILLER, MASTRO, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
Murray E. Singer, Esq.
241 East Shore Road - Suite 201
Great Neck, New York 11023
Appellate Division: Second Judicial Department
M32604
F/
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-09557
The People, etc., respondent, v Geraldo Chavez, appellant. (Ind. No. 359-05)
| 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 September 9, 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.
PRUDENTI, P.J., H. MILLER, MASTRO, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
13 East Carver Street
Huntington, New York 11743
Appellate Division: Second Judicial Department
M32606
F/
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-09666 The People, etc., respondent, v Luis Custodio, appellant. (Ind. No. 05-00368)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered September 26, 2005, 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 (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and (2) the amount and source of counsel fees paid to retained counsel.
PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32586
A/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-03840 The People, etc., respondent, v Calvin L. Dallas, Jr., appellant. (Ind. No. 116/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to file fewer than nine copies of his supplemental brief on an appeal from a judgment of the County Court, Dutchess County, rendered April 23, 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 for leave to file fewer than nine copies of the supplemental brief is denied; and it is further,
ORDERED that on the court's own motion the appellant's time to serve and file his supplemental brief is enlarged until January 23, 2006.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32578
T/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-07572 The People, etc., respondent, v Aly Dominique, appellant. (Ind. No. 2825N/00)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 14, 2005, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the appellant pro se, in effect, to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered July 23, 2002, and to substitute with assigned counsel of the appellant's choice, and cross application by the respondent to enlarge its time to serve and file a brief.
Upon the papers filed in support of the motion and the cross application and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross application is granted, and the respondent's time to serve and file a brief is enlarged until January 17, 2006, and the respondent's brief must be served and filed on or before that date.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32600
T/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2004-04755
The People, etc., respondent, v Jai A. Hernandez, appellant. (Ind. No. 50/04)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 2, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Dutchess County, rendered May 13, 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.
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32377
A/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
|
2005-07492
The People, etc., respondent, v Jeffrey Kozlow, appellant. (Ind. No. 04-01042)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of an appeal from a judgment of the County Court, Westchester County, rendered July 27, 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 appeal shall be calendared expeditiously.
COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32571
F/
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2004-06278 The People, etc., respondent, v John Lennon, appellant. (Ind. No. 3706/02)
| DECISION & ORDER ON MOTION |
Motion by Stanley Neustadter, Esq., to be substituted as retained counsel, in place of assigned counsel, to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered July 14, 2004, and to continue the appellant's poor person status on the appeal. The appellant's motion to dispense with printing and for assignment of counsel was granted on November 30, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
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:
Stanley Neustadter, Esq.
122 East 42nd Street - Suite 606
New Neck, New York 10168
and it is further,
ORDERED that the appellant's poor person status is continued; 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.
PRUDENTI, P.J., H. MILLER, MASTRO, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
Stanley Neustadter, Esq.
122 East 42nd Street - Suite 606
New York, New York 10168
Appellate Division: Second Judicial Department
M32428
S/sl
STEPHEN G. CRANE, J.
|
2005-01550, 2005-05207 The People, etc., respondent, v Edward Levy, appellant. (Ind. Nos. 736/03, 1549/04)
| DECISION AND ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered February 10, 2005, under Indictment No. 736/03, and a judgment of the same court, rendered May 11, 2005, under Indictment No. 1549/04, and to release him on his own recognizance or fix reasonable bail.
Upon the papers filed in support of the motion, in opposition thereto, and upon hearing the attorneys for the respective parties, it is
ORDERED that the motion is denied.
STEPHEN G. CRANE
Associate Justice
Appellate Division: Second Judicial Department
M32607
F/
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-09535 The People, etc., respondent, v David Moore, appellant. (Ind. No. 2376/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered September 29, 2005, 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.
PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32580
A/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-03258 The People, etc., respondent, v Arrieus Palmer, appellant. (Ind. No. 891/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for an enlargement of time to file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered March 25, 2004.
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 supplemental brief that was submitted to the office of the Clerk of this court is accepted for filing.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32603
F/
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-09638
The People, etc., respondent, v Raymond Rossetti, appellant. (Ind. No. 20/03)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Putnam County, rendered January 5, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondents' briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated in or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion or in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Susan Caplin
344 Main Street
Mt. Kisco, New York 10549
and is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., H. MILLER, MASTRO, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 0144
Upstate Corr. Fac.
Box 2000
Malone, New York 12953