11-20-2003_MOTION

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MOTION DECISIONS FOR NOVEMBER 20, 2003

TITLE	Case Number
Catanzaro v Wallenstein	2003-04400
Clarendon National Insura	2003-07661
Clark v County of Nassau	2002-09703
Contarino v North Shore U	2003-03556
Guha v Taneja	2003-03096
Moore v Eyzenberg	2003-05532
North Fork Bank v Aladdin	2003-07130
Romito v Panzarino	2003-01792
Shimel v 5 South Fulton A	2003-09210
Mtr of Avaras v Hodges-Av	2003-01429
Mtr of DeCamp v DeCamp	2003-09165
Mtr of E. (Anonymous), Ch	2003-09092 + 1
Mtr of Fairview Fire Departm	2003-06837
Mtr of Feliz v Rojas	2003-09095 + 1
Mtr of Ferretti v Ferrett	2003-06303
Mtr of Ferretti v Ferrett	2003-06303
Mtr of G. (Anonymous), In	2003-07243 + 2
Mtr of Gibson v Nolcox	2003-09270
Mtr of Kravitz v Kravitz	2003-01641 + 1
Mtr of Lewis v Redhead	2003-09320
Mtr of Morales v Rodrigue	2003-09154
Mtr of O. (Anonymous), Fr	2001-02227
Mtr of Pantoliano v Rodri	2003-08566
Mtr of R. (Anonymous), Kr	2003-09097
Mtr of R. (Anonymous), Kr	2003-09097
Mtr of S. (Anonymous), Mi	2003-09236
Mtr of Suzuki v Peters	2003-09227
Mtr of T. (Anonymous), Dy	2003-09323
Mtr of T. (Anonymous), Kh	2003-09155
Peo v Austin, Craig	2003-06121
Peo v Breland, Chad	1997-10915 + 1
Peo v Cobb, Michael	1993-00525
Peo v Davis, Shavonn	2002-07624
Peo v Guglielmoni, Matthe	2003-02508
Peo v M & H Auto Parts, I	2003-03019
Peo v McCloud, Armond	1996-04436
Peo v Shenouda, Medhat	2002-02866
Peo v Williams, Ingrem	2000-02432
Peo v Wilson, Joseph	2001-10863

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4780

T/sl

GABRIEL M. KRAUSMAN, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-04400
April Catanzaro, appellant, v
John S. Wallenstein, respondent.
(Index No. 15041/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated January 6, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal.

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.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4678

M/sl

2003-07661

Clarendon National Insurance Company,
a/s/o Country Ford, appellant, v Kurz Oil
Company, respondent, et al., defendants.
(and other titles)
(Index No. 2479/00)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated August 12, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 12, 2003, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4718

C/sl

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2002-09703

Paul Clark, etc., et al., appellants,
v County of Nassau, respondent.
(Index No. 16340/99)

DECISION & ORDER ON MOTION

Motion by the appellant Paul Clark, Individually and d/b/a Telecommunications Private Consultants, for leave to prosecute an appeal from an order of the Supreme Court, Nassau County, dated September 10, 2002, as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeal.

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

ORDERED that on the court's own motion, the appeal of Mary Clark is dismissed, for failure to perfect the appeal in accordance with the rules of this court (see 22 NYCRR 670.8 [e]) and the prior order of this court dated June 13, 2003; and it is further,

ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that those branches of the motion which are for a copy of the transcript without charge, to waive payment of the filing fee, and for the assignment of counsel are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until December 29, 2003 and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4676

M/sl

2003-03556

Helen Contarino, et al, appellants,
v North Shore University Hospital, et al.,
respondents.
(Index No. 14387/95)

ORDER ON APPLICATION

Separate applications by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on an appeal from an order of the Supreme Court, Nassau County, dated February 21, 2003.

ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until December 26, 2003, and the respondents' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4784

T/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-03096
Songeeta Guha, appellant,
v Guldar Singh Taneja, et al., respondents.
(Docket No. V-00791-03)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of the Supreme Court, Queens County, dated February 4, 2003. During the pendency of the appeal the parties and their attorneys were directed to attend a CAMP conference for the purpose of exploring the possibility of settlement. Counsel for the appellant failed to appear at the conference without excuse. By order to show cause dated July 31, 2003, counsel for the appellant was directed to show cause, why an order should not be entered imposing such sanction as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2).

Now, on the court's own motion, and upon the papers submitted in opposition to the order to show cause, it is

ORDERED that the motion is denied, as under the circumstances sanctions are not warranted.

PRUDENTI, P.J., RITTER, SCHMIDT and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4681

M/sl

2003-05532

Joseph Moore, et al., appellants,
v Anatoly Eyzenberg, respondent.
(Index No. 28638/98)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 14, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 2, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4716

O/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2003-07130
North Fork Bank, respondent, v Aladdin
Transportation, Inc., et al., defendants,
Michael Katz, appellant.
(Index No. 1936/01)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated July 7, 2003, on the ground that the order appealed from denied a motion for leave to reargue from which no appeal lies.

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 without prejudice to raising the issue in the respondent's brief.

ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4700

S/sl

2003-01792

Matthew Romito, respondent,
v Sharon Panzarino, appellant, et al.,
defendants.

(Index No. 3388/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Westchester County, dated January 15, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 24, 2003.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4745

O/sl

ANITA R. FLORIO, J.P.

WILLIAM D. FRIEDMANN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-09210
Helaine Shimel, et al., respondents, v
5 South Fulton Ave. Corp., et al., appellants.
(Index No. 12657/02)

DECISION & ORDER ON MOTION

Motion by the appellants to enjoin the respondent 17 S. Fulton, Inc., from selling, transferring or encumbering property located at 5 South Fulton Avenue, Mt. Vernon, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered September 18, 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.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4783

T/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-01429
In the Matter of James Avaras, respondent,
v Jeanine Hodges-Avaras, appellant.
(Docket Nos. V-491-02, V-492-02,
V-493-02, V-494-02, V-495-02)

DECISION & ORDER ON MOTION

Appeal by Jeanine Hodges-Avaras from an order of the Family Court, Rockland County, dated January 6, 2003. By order to show cause dated October 1, 2003, the parties or their attorneys 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 for failure to comply with the scheduling order dated August 18, 2003, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated August 18, 2003 (see 22 NYCRR 670.4[a][5]).

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4206

M/mv

2003-09165
In the Matter of Jackie DeCamp, respondent,
v Brian DeCamp, appellant.
(Docket No. F-07038/02)

SCHEDULING ORDER

Appeal by Brian DeCamp from an order of the Family Court, Suffolk County, dated June 27, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4192

M/mv

2003-09092, 2003-09094

In the Matter of Cheeri T. E. (Anonymous).
Child Development Support Corporation, respondent;
Christopher D. (Anonymous), appellant.
(Proceeding No. 1)
(Docket No. B-22631/00)

In the Matter of Chris T. E. (Anonymous).
Child Development Support Corporation, respondent;
Christopher D. (Anonymous), appellant.
(Proceeding No. 2)
(Docket No. B-22632/00)

SCHEDULING ORDER

Appeals by Christopher D. from two orders of the Family Court, Kings County, both dated August 20, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4694

T/sl

ANITA R. FLORIO, J.P.

WILLIAM D. FRIEDMANN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-06837
In the Matter of Fairview Fire Department,
appellant, v Greenburgh Uniformed Firefighters
Association, Inc., Local 1586, respondent.
(Index No. 09059/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, entered July 18, 2003, 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 as unnecessary, as an automatic stay pursuant to CPLR 5519(a)(1) is in effect (see Matter of Pokoik v Dept. of Health Svcs., County of Suffolk, 220 AD2d 13; Matter of Pickerell v Town of Huntington, 219 AD2d 24).

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4199

M/mv

2003-09095, 2003-09096
In the Matter of Miosotis Feliz, respondent,
v Julio Cesar Rojas, appellant.
(Docket Nos. P-2039-03, F-03536-02)

SCHEDULING ORDER

Appeals by Julio Cesar Rojas from two orders of the Family Court, Westchester County, dated March 28, 2003, and September 8, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4736

O/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2003-06303
In the Matter of James-Gerald Ferretti, respondent,
v Joann Venturella Ferretti, appellant.
(Docket No. F-2023-01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, entered June 18, 2003, as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeal.

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 branch of the motion which is to enlarge the time to perfect the appeal is referred to the Clerk of the Court pursuant to 22 NYCRR 670.4(a); 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4735

A/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2003-06303
In the Matter of James-Gerald Ferretti, respondent,
v Joann Venturella Ferretti, appellant.
(Docket No. F-2023-01)

DECISION & ORDER ON MOTION

Appeal by Joann Venturella Ferretti from an order of the Family Court, Suffolk County, dated June 16, 2003. By order to show cause dated September 29, 2003, the parties or their attorneys 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 for failure to comply with a scheduling order dated August 8, 2003, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and the papers filed in 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

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4706

A/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2003-07243, 2003-07688, 2003-07690

In the Matter of Infinite G. (Anonymous).
Administration for Children's Services, respondent;
Danielle M. (Anonymous), et al., appellants.
(Proceeding No. 1)
(Docket No. N-15498/01)

In the Matter of D'Asia H. (Anonymous).
Administration for Children's Services, respondent;
Danielle M. (Anonymous), et al., appellants.
(Proceeding No. 2)
(Docket No. N 15499/01)

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

Motion by the appellant Danielle M. (Anonymous) for leave to prosecute appeals from an order of the Family Court, Queens County, dated December 19, 2002, and two orders of the same court both dated July 16, 2003, as a poor person, and for the assignment of counsel, and for a preference in the calendaring of the appeals.

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

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

ORDERED that the appeals will be heard on the original papers (including certified transcripts 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 sets of transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both sets of transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one set of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one set of transcripts shall be filed with the clerk of the Family Court and one set of transcripts shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said sets of 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 appeals:

David I. Bliven, Esq.

90-50 Parsons Boulevard - Suite 401C

Jamaica, New York 11432

(718) 725-9600

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is granted, and the appeals shall be calendared when they are fully perfected; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4202

M/mv

2003-09270
In the Matter of Hason Gibson, respondent,
v Nakia Nolcox, appellant.
(Docket No. V-472-02)

SCHEDULING ORDER

Appeal by Nakia Nolcox from an order of the Family Court, Orange County, dated September 2, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4777

T/sl

GABRIEL M. KRAUSMAN, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-01641, 2003-02993
In the Matter of Mary S. Kravitz, respondent,
v Jeffrey P. Kravitz, appellant.
(Docket Nos. V-98-1718, V-98-1719,
V-98-1720, V-98-1721, O-01-815)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two orders of the Family Court, Nassau County, dated January 8, 2003 (Appellate Division Docket No. 2003-01641), and February 27, 2003 (Appellate Division Docket No. 2003-02993), respectively.

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

ORDERED that on the court's own motion, the appeal from the order dated February 27, 2003 (Appellate Division Docket No. 2003-02993) is dismissed, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112); and it is further,

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4203

M/mv

2003-09320
In the Matter of Lisa Lewis, appellant,
v Francis Redhead, respondent.
(Docket No. F-7557/00)

SCHEDULING ORDER

Appeal by Lisa Lewis from an order of the Family Court, Kings County, dated September 18, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4194

M/mv

2003-09154
In the Matter of Cynthia Morales, respondent,
v Juan Rodriguez, appellant.
(Docket No. F-04369/02)

SCHEDULING ORDER

Appeal by Juan Rodriguez from an order of the Family Court, Queens County, dated July 16, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4404

M/mv

GLORIA GOLDSTEIN, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2001-02227

In the Matter of Frederick O. (Anonymous).
Administration for Children's Services, respondent;
Miguel R. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Marjorie L. (Anonymous).
Administration for Children's Services, respondent;
Miguel R. (Anonymous), appellant
(Proceeding No. 2)
(Docket No. 26748/99)

ORDER TO SHOW CAUSE

Appeal by Miguel R. from an order of the Family Court, Kings County, dated February 5, 2001, in the above-entitled case. No steps have been taken to perfect the appeal.

On the court's own motion, it is

ORDERED that the appellant and the other parties to this appeal or their counsel show cause before this court, at the courthouse thereof, located at 45 Monroe Place, Brooklyn, New York 11201, on December 5, 2003, at 9:30 A.M., why an order should not be entered dismissing the appeal as abandoned; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon the appellant and the other parties, including the Law Guardian, if any, to this appeal, or their counsel, by regular mail.

GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4358

M/mv

2003-08566

In the Matter of Antoinette Pantoliano,
respondent, v Wilfredo Rodriguez, appellant.
(Docket No. F-0258/01)

SCHEDULING ORDER

Appeal by Wilfredo Rodriguez from an order of the Family Court, Richmond County, dated September 12, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4195

M/mv

2003-09097
In the Matter of Kristina R. (Anonymous).
Administration for Children's Services, respondent;
Margarita B. (Anonymous), et al., appellants.
(Proceeding No. 1)
(Docket No. N-13342/01)
In the Matter of Nelson R. (Anonymous).
Administration for Children's Services, respondent;
Margarita B. (Anonymous), et al., appellants.
(Proceeding No. 2)
(Docket No. N-13343/01)
In the Matter of Migdalena T. (Anonymous).
Administration for Children's Services, respondent;
Margarita B. (Anonymous), et al., appellants.
(Proceeding No. 3)
(Docket No. N-13344/01)

SCHEDULING ORDER

Appeal by Margarita B. from an order of the Family Court, Kings County, dated September 16, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4197

M/mv

Appeal by Joseph B. from an order of the Family Court, Kings County, dated September 16, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4204

M/mv

2003-09236
In the Matter of Miracle S. (Anonymous).
Administration for Children's Services, appellant;
Bobbie Ray S. (Anonymous), et al., respondents.
(Docket No. N-31083-03)

SCHEDULING ORDER

Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated October 22, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4198

M/mv

2003-09227
In the Matter of Itoko Suzuki, a/k/a Ituko Suzuki,
respondent, v Arnold Peters, appellant.
(Docket Nos. F-903/01, F-1014/01)

SCHEDULING ORDER

Appeal by Arnold Peters from an order of the Family Court, Westchester County, dated September 15, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4201

M/mv

2003-09323
In the Matter of Dyshea T. (Anonymous).
Administration for Children's Services, respondent;
Marisol R. (Anonymous), appellant.
(Proceeding No. 1)
(Docket No. B-14652/00 )
In the Matter of Rashawn P. (Anonymous).
Administration for Children's Services, respondent;
Marisol R. (Anonymous), appellant.
(Proceeding No. 2)

(Docket No. B-07195/01 )

SCHEDULING ORDER

Appeal by Marisol R. from an order of the Family Court, Kings County, dated August 20, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4200

M/mv

2003-09155
In the Matter of Khierk T. (Anonymous).
Child Development Support Corporation,
respondent; Nabila T. (Anonymous), appellant.
(Docket No. B-3584/02)

SCHEDULING ORDER

Appeal by Nabila T. from an order of the Family Court, Queens County, dated August 29, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4712

A/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-06121
The People, etc., appellant, v Craig Austin,
et al., respondents.
(Ind. No. 121/03)

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 June 20, 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 appellant's time to perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing its brief on the appeal is enlarged until January 9, 2004.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4705

O/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

1997-10915, 1997-10916
The People, etc., respondent,
v Chad Breland, appellant.
(Ind. Nos. 5513/95, 5566/95)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file an appendix to his supplemental brief on appeals from two judgments of the Supreme Court, Queens County, both rendered October 20, 1997.

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 granted; and it is further,

ORDERED that on or before December 26, 2003, the appellant shall file nine copies of the appendix containing (1) the decision of the Supreme Court, Queens County, dated July 9, 1996, with regard to the Mapp/Huntley hearing, (2) the stop and frisk report completed by Detective Marrone, and (3) the felony complaint report, and the appellant shall serve one copy of the appendix on the District Attorney.

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4782

T/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

ANITA R. FLORIO

REINALDO E. RIVERA, JJ.

1993-00525
The People, etc., respondent,
v Michael Cobb, appellant.
(Ind. No. 10070/91)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered January 5, 1993. By decision and order on motion of this court dated March 2, 1993, the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted. By decision and order on motion of this court dated November 17, 1997, the appellant's motion to substitute retained counsel was granted. The appeal has not been perfected. By order to show cause dated August 1, 2003, the appellant was directed to either perfect the appeal or show cause before this court why an order should or should not be made and entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]).

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed as abandoned (see CPL 460.70[c]).

PRUDENTI, P.J., RITTER, FLORIO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4750

O/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

HOWARD MILLER, JJ.

2002-07624
The People, etc., respondent,
v Shavonn Davis, appellant.
(Ind. No. 191/02)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated July 26, 2002, to "summarily affirm" the order.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4699

M/sl

2003-02508

The People, etc., respondent,
v Matthew Guglielmoni, appellant.
(Ind. No. 589/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, rendered February 20, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until January 19, 2004.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4392

M/mv

2003-03019

The People, etc., respondent,
v M & H Auto Parts and Cars, Inc.,
et al., appellants.
(Ind. No. 1003/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Queens County, rendered March 14, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 5, 2003.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4781

T/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

MYRIAM J. ALTMAN

WILLIAM D. FRIEDMANN, JJ.

1996-04436
The People, etc., respondent,
v Armond McCloud, appellant.
(Ind. No. 3707/94)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, rendered April 15, 1996, which was determined by decision and order of this court dated February 2, 1998.

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

ORDERED that the motion is denied.

RITTER, J.P., SANTUCCI, ALTMAN and FRIEDMANN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4616

LEO F. McGINITY, J.

2002-02866

The People, etc., plaintiff,
v Medhat Shenouda, defendant.
(Ind. No. 9013/92)

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, Kings County, dated March 15, 2002, 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

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4779

T/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2000-02432
The People, etc., respondent,
v Ingrem Williams, appellant.
(Ind. No. 3580/98)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Queens County, rendered March 2, 2000, and cross motion by the appellant 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 cross motion and the papers filed in relation thereto, it is

ORDERED that the motion is denied with leave to renew if on or before January 2, 2004, the defendant does not renew the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel; and it is further,

ORDERED that the appellant's cross motion is denied with leave to renew on or before January 2, 2004, 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.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4714

A/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

NANCY E. SMITH

HOWARD MILLER, JJ.

2001-10863

The People, etc., respondent,
v Joseph Wilson, appellant.
(Ind. No. 2855/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file an appendix to his supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered December 7, 2001.

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.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

584 Nassau Boulevard

West Hempstead, New York 11552