APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4692

C/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

SONDRA MILLER

THOMAS A. ADAMS, JJ.

2003-08987 Vincent Daquaro, et al., plaintiffs, v Modern Continental Construction Co., Inc., defendant third-party plaintiff-appellant, et al., defendants; Tricon Enterprises, Inc., third-party defendant- respondent (and another title). (Index No. 43493/00)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-appellant to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 2, 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 granted, and the trial in the above-entitled action is stayed pending the hearing and determination of the appeal.

PRUDENTI, P.J., RITTER, S. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4701

C/sl

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-02783 Laureen Deerr-Matos, et al., appellants, v Ramya Viswanathan, defendant; Paul L. Brozdowski, nonparty-respondent. (Index No. 10075/00)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Westchester County, dated October 22, 2002, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal. Cross motion by the nonparty-respondent for leave to serve and file a supplemental record on appeal and to enlarge the time to serve and file a brief.

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

ORDERED that on the court's own motion, on or before December 29, 2003, the appellants are directed to serve and file a supplemental record containing all the motion papers submitted to the Supreme Court in connection with the motions which resulted in the orders of the Supreme Court, Westchester County, dated May 10, 2002, and July 10, 2002, the transcript of the hearing held on September 18, 2002, and the materials admitted into evidence at the hearing; and it is further,

ORDERED that the appellants' motion is held in abeyance until the supplemental record is served and filed; and it is further,

ORDERED that the branch of the respondent's cross motion which is to enlarge the time to serve and file a brief is granted; the respondent's time to serve and file a brief is enlarged until January 30, 2004; and it is further,

ORDERED that the branch of the respondent's cross motion which is for leave to serve and file a supplemental record containing documents introduced into evidence at the hearing is denied as academic; and it is further,

ORDERED that the respondent's cross motion is otherwise denied.

PRUDENTI, P.J., S. MILLER, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4665

A/sl

GABRIEL M. KRAUSMAN, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-02093, 2003-05127 Hazel J. Elliott, etc., appellant, v Long Island Home, Ltd., et al., respondents. (Index No. 30005/02)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, entered February 28, 2003, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]), and to dismiss an appeal from an order of the same court entered May 19, 2003, on the ground that no appeal lies from an order denying a motion for leave to reargue and renew, and cross motion by the appellant to enlarge her time to perfect the appeal from the order entered February 28, 2003.

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

ORDERED that the branch of the motion which is to dismiss the appeal from so much of the order entered May 19, 2003, as denied that branch of the plaintiff's motion which was for leave to reargue is granted, as no appeal lies from an order denying a motion for leave to reargue; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from so much of the order entered May 19, 2003, as denied that branch of the plaintiff's motion which was for leave to renew is denied without prejudice to the respondents raising the issue in their brief; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is granted; and it is further,

ORDERED that the appellant's time to perfect both appeals is enlarged until December 18, 2003, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

KRAUSMAN, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4686

E/sl

FRED T. SANTUCCI, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-03184 Stephen Evans-Freke, appellant, v Showcase Contracting Corp., et al., respondents. (Index No. 7320/02)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Rockland County, entered March 19, 2003, in effect, inter alia, to vacate so much of a decision and order on motion of this court dated April 25, 2003, as granted that branch of the appellant's motion which was to stay the respondents from filing a mechanic's lien against certain real property located at 91 Lookout Road, Tuxedo Park, 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 branch of the motion which is to vacate so much of the decision and order on motion of this court dated April 25, 2003, as stayed the respondents from filing a mechanic's lien against certain real property located at 91 Lookout Road, Tuxedo Park, is granted, and so much of the decision and order on motion dated April 25, 2003, as stayed the respondents from filing a mechanic's lien is vacated; and it is further,

ORDERED that the motion is otherwise denied.

SANTUCCI, J.P., SCHMIDT, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4690

Y/sl

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-09576 Howard Shaw, etc., respondent, v Sonia Gardner, appellant. (Index No. 7066/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial of the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated October 8, 2003.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., S. MILLER, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4695

C/sl

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-09068 Alcira Silva, respondent, v Pamela Dawson, etc., et al., appellants. (Index No. 18690/01)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay all proceedings in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated September 17, 2003.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., S. MILLER, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4691

E/sl

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-08207 In the Matter of AIU Insurance Company, appellant, v Calvin Walker, et al., respondents. (Index No. 8620/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay arbitration of an uninsured motorists claim pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 8, 2003.

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 arbitration of the uninsured motorist claim is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 4, 2003; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 4, 2003, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

PRUDENTI, P.J., S. MILLER, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4674

A/sl

ANITA R. FLORIO, J.P.

WILLIAM D. FRIEDMANN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-09241 In the Matter of Basil Castrovinci Associates, Inc., et al., appellants, v District 65 Pension Plan, respondent. (Index No. 6519/03)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Westchester County, entered October 2, 2003, in effect, to stay enforcement of the order and to stay the arbitration pending between the parties, 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.

FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4707

Y/sl

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2002-11227, 2003-02016 In the Matter of Joseph Capizola, etc., appellant, v Vantage International Ltd., et al., respondents. (Index No. 6802/01)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the record on appeals from two orders of the Supreme Court, Rockland County, dated November 7, 2002, and January 14, 2003, respectively, to include 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.

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4628

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2003-07822 DECISION & ORDER ON MOTION In the Matter of Rita A. Cogswell, appellant, v James E. Spelatis, respondent. (Docket No. F-763-01)

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated August 18, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,

ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4650

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2003-06032 DECISION & ORDER ON MOTION In the Matter of Hector Felix, appellant, v New York Department of Correctional Services, respondent. (Docket No. 1102/03)

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated June 12, 2003, as a poor person.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4630

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2003-08121 In the Matter of Lauramarie Addie W. (Anonymous). Lakeside Family & Children's Services, respondent; Laura W. (Anonymous), et al., appellants. (Docket No. B-23901-97, B-18055-99)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Motion by the appellant Laura W. for leave to prosecute an appeal from an order of the Family Court, Kings County, dated June 18, 2003, 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 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 for Laura W. to prosecute the appeal:

Francine Shraga, Esq.

869 East 12th Street

Brooklyn, New York 11230

(718) 377-4894

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.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4635

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2003-08121 In the Matter of Lauramarie Addie W. (Anonymous). Lakeside Family & Children's Services, respondent; Laura W. (Anonymous), et al., appellants. (Docket Nos. B-23901-97, B-18055-99)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant Darryl J. in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated February 20, 2003, and for leave 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 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 for Darryl J. to prosecute the appeal:

Kenneth M. Tuccillo, Esq.

251 E. 61st Street

New York, New York 10021

(212) 517-5000

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.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4689

J/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

THOMAS A. ADAMS, JJ.

2003-01556 The People, etc., respondent, v Melvin Baez, appellant. (Ind. No. 183/00)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 21, 2003, in the above-entitled matter is amended by deleting from the preamble thereof the words "County Court, Nassau County," and substituting therefor the words "Supreme Court, Richmond County"; and it is further,

ORDERED that its decision and order on motion dated June 16, 2003, in the above-entitled matter is amended (1) by deleting from the caption thereof Indictment Number "15/92," and substituting therefor Indictment Number "183/00," (2) by adding to the caption thereto the abbreviation "v" before the words "Melvin Baez," and (3) by deleting from the preamble thereof the words "County Court, Nassau County," and substituting therefor the words "Supreme Court, Richmond County."

FLORIO, J.P., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4521

F/

THOMAS A. ADAMS, J.

2003-08413 The People, etc., plaintiff, v Valance Cole, defendant. (Ind. No. 867/86)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated September 12, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

THOMAS A. ADAMS

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4624

F/

ANITA R. FLORIO, J.P.

WILLIAM D. FRIEDMANN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-08453 The People, etc., respondent v Isaias Cortez, appellant. (Ind. No. 3351/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Queens County, rendered July 16, 2003.

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

ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Queens County, rendered July 16, 2003.

FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4619

F/

THOMAS A. ADAMS, J.

2003-07948 The People, etc., plaintiff, v Terrence Daum, defendant. (Ind. No. 148/96)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Richmond County, dated August 22, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

THOMAS A. ADAMS

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4672

F/

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-01011 The People, etc., respondent, v Richard Goodman, appellant. (Ind. No. 144/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered January 7, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation 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 amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

PRUDENTI, P.J., S. MILLER, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4668

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2002-04446, 2002-04447 The People, etc., respondent, v Travis Greene, appellant. (Ind. Nos. 3158/00, 4035/00)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled action dated February 4, 2003, is amended by deleting from the caption thereof "Ind. Nos. 3158/99, and 4035/99" and substituting therefor "Ind. Nos. 3158/00, and 4035/00".

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4513

F/

LEO F. McGINITY, J.

2003-05845 The People, etc., plaintiff, v Sean Hall, defendant. (Ind. No. 7137/98)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated May 30, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

LEO F. McGINITY

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4623

F/

ANITA R. FLORIO, J.P.

WILLIAM D. FRIEDMANN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-09191 The People, etc., respondent, v Ronald Hancock, appellant. (Ind. No. 51/02)

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, Dutchess County, rendered August 29, 2002.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, and 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, Dutchess County, rendered August 29, 2002.

FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4734

M/mv

BARRY A. COZIER, J.

2003-06142 The People, etc., respondent Shawn Jeffrey, appellant. (Ind. No. 6989/02)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Kings County, rendered October 22, 2003, and to fix reasonable bail.

Upon the papers filed in support of the motion and upon hearing the attorneys for the respective parties, it is

ORDERED that the motion is granted, execution of the judgment is stayed, and bail is set by the giving of an insurance company bail bond in the amount of $10,000; and it is further,

ORDERED that this stay shall terminate and be of no further effect 120 days from the date hereof and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal shall have been brought to argument or submitted to this court, or unless this court shall have extended this order; 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 to begin the execution of sentence; and it is further,

ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken.

BARRY A. COZIER

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4648

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2001-10939 v Ernest Johnson, appellant. (Ind. No. 1123/00)

The People , etc., respondent, 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 County Court, Nassau County, rendered December 6, 2001, 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.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 A 0040

Great Meadow Corr. Fac.

Box 51

Comstock, N.Y. 12821

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4626

F/

ANITA R. FLORIO, J.P.

WILLIAM D. FRIEDMANN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-06590 The People, etc., respondent, v Mauro A. Moriera, appellant. (Ind. No. 02-01341)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered April 24, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated 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:

Richard L. Herzfeld, Esq.

555 Fifth Avenue - 17th Floor

New York, New York 10017

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.

FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 2408

Gowanda Corr. Fac.

P.O. Box 350-South Rd.

Gowanda, New York 14070

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4512

F/

LEO F. McGINITY, J.

2003-07840 The People, etc., plaintiff, v Luis Nunez, defendant. (Ind. No. 99-00361)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Rockland County, dated June 23, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

LEO F. McGINITY

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4673

F/

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-08251 The People, etc., respondent, v William Pindt, appellant. (Ind. No. 03-00281)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered September 10, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, 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, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

PRUDENTI, P.J., S. MILLER, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4519

F/

STEPHEN G. CRANE, J.

2003-07845 The People, etc., plaintiff, v John Quick, defendant. (Ind. No. 7730/00)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated June 12, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

STEPHEN G. CRANE

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4671M/nl

LEO F. McGINITY, J.

2000-06692 The People, etc., respondent, v Gustavo Reynoso, appellant. (Ind. No. 3734/98 )

DECISION & ORDER ON MOTION Certificate Granting Leave to Appeal

Motion by the appellant, pursuant to CPL 460.20, for a certificate granting leave to appeal to the Court of Appeals from a decision and order of this court dated October 6, 2003, which affirmed a judgment of the Supreme Court, Queens County, rendered June 30, 2000.

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

ORDERED that leave to appeal to the Court of Appeals from a decision and order of this court dated October 6, 2003, in the above-entitled case is granted; in my opinion, a question of law has arisen, which ought to be reviewed by the Court of Appeals.

LEO F. McGINITY

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4540

O/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

HOWARD MILLER

STEPHEN G. CRANE, JJ.

2002-07882 The People, etc., respondent, v David J. Safran, appellant. (Ind. No. 2240-01)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Suffolk County, rendered August 26, 2002, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit containing information and any available documentation concerning (1) whether the property located at 6 Riviera Drive, Lindenhurst, is encumbered and, if so, the amount of the encumbrance(s), (2) the appellant's efforts to sell, mortgage, or refinance the property located at 6 Riviera Drive, Lindenhurst, and (3) whether the appellant owns or has an interest in property located at 171 Sioux Avenue, Amityville, and if so, the value of that property and the amount of any liens or encumbrances on that property.

ALTMAN, J.P., SMITH, H. MILLER and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4627

F/

ANITA R. FLORIO, J.P.

WILLIAM D. FRIEDMANN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2002-02616 The People, etc., respondent, v Giovanni Smith, appellant. (Ind. No. 8623/00)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered March 6, 2002, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4621

F/

GLORIA GOLDSTEIN, J.

2003-09202, 2003-09203 The People, etc., plaintiff, v Victor Soto, defendant. (Ind. No. 11610/93)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from two orders of the Supreme Court, Kings County, dated June 17, 2003, and August 27, 2003, respectively, which has been referred to me for determination.

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

ORDERED that the application is denied.

GLORIA GOLDSTEIN

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4620

F/

HOWARD MILLER, J

2003-04648 The People, etc., plaintiff, v Kelvin Subgidio, defendant. (Ind. No. 99-00095)

DECISION & ORDER ON APPLICATION

Application by the defendant for reargument of his prior application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Rockland County, dated March 3, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

HOWARD MILLER

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4516

F/

LEO F. McGINITY, J.

2003-03370 The People, etc., plaintiff, v Berthony Vilsaint, defendant. (Ind. No. 4639/98)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated February18, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

LEO F. McGINITY

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4515

F/

LEO F. McGINITY, J.

2003-03771 The People, etc., plaintiff, v Mark C. Weekes, defendant. (Ind. No. 00-00218)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Orange County, dated April 15, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

LEO F. McGINITY

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4518

F/

LEO F. McGINITY, J.

2003-05019 The People, etc., plaintiff, v Lawrence Wright, defendant. (Ind. No. 5385/92)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated May 22, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

LEO F. McGINITY

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4696

C/sl

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-09221 The People, etc., ex rel. Christopher Bonds, petitioner, v Richard Palmer, etc., respondent.

DECISION & ORDER ON MOTION

Application by the petitioner for a writ of habeas corpus and for poor person relief.

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

ORDERED that the branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and that branch of the application is otherwise denied as academic; and it is further,

ORDERED that the branch of the application which is for a writ of habeas corpus is denied and the petition is dismissed, without costs or disbursements.

PRUDENTI, P.J., S. MILLER, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4687

A/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

HOWARD MILLER, JJ.

1998-11233 The People, etc., ex rel. James Myron, appellant, v James Kralik, respondent. (Index No. 97-00085)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to relieve assigned counsel and for assignment of new counsel to prosecute an appeal from an order of the County Court, Rockland County, dated April 19, 1999.

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

ORDERED that the motion is denied.

RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

K-80153

Ironwood State Prison

Box 2199

Blythe, California, 92226-2199