Appellate Division: Second Judicial Department
M18557
L/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
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2002-10906 Ramon Arce, plaintiff, v W.K.P., J.V. et al., respondents, School for Language & Communication Development at Glen Cove, defendant; A.L.S. Construction Corp., appellant (and a third-party action) (Index No. 622/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 6, 2002.
Upon the stipulation of the attorneys for the respective parties, dated March 22, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18541
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ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
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2004-06830 P. Gerald Barbato, et al., respondents, v Hollow Hills Country Club, appellant.
(Index No. 81/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated June 17, 2004, to stay the trial in the above-entitled action pending hearing and determination of 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 the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18515
M/nal
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2004-04060, 2004-09459, 2004-09460 Nathan Blumes, respondent, v Inbar Blumes Madar, s/h/a Inbar Blumes, appellant. (Index No. 48288-2000)
| SCHEDULING ORDER |
Appeals by Inbar Blumes Madar from three orders of the Supreme Court, Kings County, dated May 3, 2004, June 3, 2004, and August 9, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on November 16, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M18542
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
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2000-03223
Tonya Sharine Champion, etc., appellant, v New York City Health & Hospitals Corporation, etc., et al., respondents. (Index No. 22590/91)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 2, 2000.
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18526
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2004-02795
Michelle L. Coniker, respondent, v State of New York, appellant. (Claim No. 86901)
| 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 Court of Claims, dated March 10, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 25, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18313
CF/
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2004-05404 Willie Coreas, respondent, v Debbie M. Sulner, et al., appellants. (Index No. 26880/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18525
CF/
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2004-05365 Thomas D'Aiello, appellant-respondent, v Westland South Shore Mall, et al., respondents, Sears Roebuck and Company, respondent- appellant. (Index No. 15701/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal by the appellant-respondent is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18503
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2004-03191
April Daluise, et al., appellants, v James Sottile, et al., respondents.
(Index No. 12781/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Richmond County, dated February 24, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 13, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18522
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2004-04084
Isaac Dawson, appellant, v Fountains-Clove Road Apartments, Inc., et al., respondents.
(Index No. 12474/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Richmond County, dated March 31, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 15, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18504
J/sl
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2004-04221, 2004-08438
"Jane Doe," et al., appellants, v Brad J. Jacobs, etc., respondent. (Index No. 15040/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Nassau County, dated April 22, 2004, and August 2, 2004, respectively.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 7, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18532
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2004-01248, 2004-01249
EMC Mortgage Corporation, respondent, v Linda Marie Smith, appellant. (Index No. 9755/00)
| 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 appeals from two orders of the Supreme Court, Kings County, dated November 21, 2003, and December 11, 2003, respectively.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 29, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18537
J/sl
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2004-04412
Louis J. Fox, et al., respondents, v Watermill Enterprises, Inc., d/b/a Watermill Inn, et al., appellants.
(Index No. 21765/98)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated April 13, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 24, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18506
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2004-01376
Thomas Gannon, respondent, v All Car Movers Ltd., et al., defendants, Abbey Island Park, Inc., appellant.
(Index No. 16889/00)
| 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 an interlocutory judgment of the Supreme Court, Nassau County, dated January 4, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 29, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18492
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DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-06073 Raymond Giovanniello, etc., appellant, v Hispanic Media Group USA, Inc., respondent. (Index No. 7704/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 10, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated May 27, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until January 12, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
RITTER, J.P., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18511
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2004-07931
Barbara Gola, respondent-appellant, v Winthrop University Hospital, Inc., appellant-respondent, Axis Construction Corporation, et al., respondents. (Index No. 21368/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Applications by the appellant-respondent and the respondent-appellant to withdraw an appeal and cross appeal from a judgment of the Supreme Court, Kings County, dated August 14, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal and cross appeal are marked withdrawn; and it is further,
ORDERED that the stay granted by decision and order on motion of this court dated October 15, 2004, is vacated forthwith.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18510
J/sl
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2004-04561
Hye-Yeon Cho, a/k/a Joy Cho, respondent, v Bridgestone/Firestone, Inc., et al., defendants, Byung Chun, appellant. (Index No. 29583/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 5, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 18, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18509
J/sl
|
2004-04557
Richard Joline, etc., et al., respondents-appellants, v City of New York, et al., appellants-respondents, Laerdal Medical Corporation, respondent. (Index No. 16528/01)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 26, 2004.
ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until January 4, 2005, and the joint record or appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18507
S/sl
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2004-07253
Paula Korpalski, et al., appellants, v Wai H. Lau, respondent. (Index No. 13543/01)
| 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, Kings County, dated May 12, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 24, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18482
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SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-04968 Manuel Leon, respondent, v Baydale Tenants Corporation, et al., appellants. (Index No. 14576/02)
| DECISION & ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 13, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the aggrieved party (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the application is denied as academic.
S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18533
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2004-02707
Lighthouse 2001, L.L.C., respondent-appellant, v Leg-Inv I, LLC, appellant-respondent. (Index No. 9613/03)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated January 6, 2004, and cross application by the respondent-appellant for the same relief.
ORDERED that the application and cross application are granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until February 14, 2005, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18531
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|
2004-02251 Grace McCoy, respondent-appellant, v John A. Scailes, et al., appellants-respondents. (Index No. 18127/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents and respondent-appellant to withdraw an appeal and a cross appeal from an order of the Supreme Court, Queens County, dated January 20, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18534
CF/
|
2004-06490 Grace McCoy, respondent, v John A. Scailes, et al., appellants. (Index No. 18127/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated April 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18508
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2004-03125
Muller Associates, LLC, appellant, v Robert J. Malang, Jr., et al., respondents. (Index No. 20119/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated March 16, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 15, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18530
CF/
|
2004-07135 New York Military Academy, respondent, v Frank Mancini, et al., appellants. (Index No. 4225/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Orange County, dated June 23, 2004.
Upon the stipulation of the parties, dated October 26, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18524
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|
2004-02563
Sherry Occhino, appellant, v Gerald T. Black, respondent. (Index No. 4449/98)
| 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, Dutchess County, dated February 17, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 24, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18538
J/sl
|
2003-09049
Riverside Capital Advisers, Inc., etc., plaintiff, Winchester Global Trust Company Limited, etc., respondent, v First Secured Capital Corporation, et al., appellants, et al., defendant; Thomas Donovan, et al., non-parties. (Appeal No. 1) 2004-01677, 2004-01678 Riverside Capital Advisors, Inc., etc., appellant, Winchester Global Trust Company Limited, respondent, v First Secured Capital Corporation, et al., appellants, Wet Resources Corporation, defendant; Thomas Donovan, et al., nonparty- appellants. (Appeals Nos. 2 and 3) (Index No. 20600/99)
| 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 appeals from an order and judgment (one paper) of the Supreme Court, Nassau County, dated September 17, 2003, an order of the same court dated January 8, 2004, and an amended order and judgment (one paper) of the same court, dated February 3, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 17, 2004, and the respondent's brief must be served and filed on or before that date;
ORDERED that the appellants' time to serve and file their respective reply briefs is enlarged, and the reply briefs must be served and filed on or before January 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18484
S/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-02644
Genoveffa J. Sessa, etc., appellant, v Buena Vida Corp., etc., respondent. (Index No. 29857/03)
| ORDER ON APPLICATION |
Application by the appellant on an appeal from an order of the Supreme Court, Kings County, dated January 23, 2004, to substitute Genoveffa J. Sessa, as administrator of the estate of Salvatore Sessa, for the deceased plaintiff, Salvatore Sessa, and pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time of the respondent to serve and file a brief.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and Genoveffa J. Sessa, as administrator of the estate of Salvatore Sessa, is substituted for the deceased plaintiff, Salvatore Sessa, and the caption of the appeal is amended accordingly; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until December 13, 2004, and the respondent's brief shall be served and filed on or before that date.
S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18528
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2004-03992 Spectrum Resources Ltd., respondent, v J & J Log & Lumber Corporation, appellant. (Index No. 6507/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 6, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18505
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2004-02661
Patricia Yak, etc., respondent, v Estate of Dorothy Rew Grant, etc., et al., appellants, et al., defendants. (Index No. 18693/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated February 17, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 22, 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 of the Court
Appellate Division: Second Judicial Department
M18523
CF/
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2004-04590 Daniel Young, respondent, v Jeffrey Passick, etc., et al., appellants. (Index No. 1120/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Putnam County, dated March 29, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18543
F/
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-06001
In the Matter of Jasmine A. (Anonymous). Administration for Children's Services, appellant; Wilfredo A. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Imotar A. (Anonymous). Administration for Children's Services, appellant; Wilfredo A. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Jaffar A. (Anonymous). Administration for Children's Services, appellant; Wilfredo A. (Anonymous), et al., respondents. (Proceeding No. 3) In the Matter of Melissa A. (Anonymous). Administration for Children's Services, appellant; Wilfredo A. (Anonymous), et al., respondents. (Proceeding No. 4) (Docket No. NA-27836-02)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the attorney for the respondent Wilfredo A. to be relieved of an assignment to represent the respondent on an appeal from an order of the Family Court, Kings County, dated July 12, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the attorney for the respondent, Wilfredo A., Seymour Gewirtz, 225 Broadway, New York, New York 10007, is directed to turn over all papers in the action to the new attorney for Wilfredo A. herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the respondent to represent the respondent Wilfredo A.:
Richard L. Herzfeld, Esq.
555 Fifth Avenue - 14th Floor
New York, New York 10017
(212) 818-9019
S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18519
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2004-07484, 2004-07486 In the Matter of Jennifer Bowe, respondent, v Louie Robinson, appellant. (Docket Nos. V-2277/01, V-13871/00)
| SCHEDULING ORDER |
Appeals by Louie Robinson from two orders of the Family Court, Queens County, both dated July 15, 2004. By decision and order on motion of this court dated November 16, 2004, the appellant's motion to vacate the orders dated July 15, 2004, was denied. Pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]) it is
ORDERED that the scheduling order dated September 21, 2004, in the above-entitled proceeding is amended to provide that the appellant's time to comply therewith is enlarged until December 6, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18478
F/
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-08931
In the Matter of Monique L. Boyke, respondent, v Yvette Boyke, appellant. (Docket No. O-14029-04)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the attorney for the respondent to be relieved of an assignment to represent the respondent on an appeal from an order of the Family Court, Kings County, dated September 10, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the attorney for the respondent, Randi L. Karmel, 308 Atlantic Avenue, Second Floor, Brooklyn, New York 11201, is directed to turn over all papers in the action to the new attorney for the respondent herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the respondent to represent the respondent:
Elliot Green, Esq.
26 Court Street - Suite 1215
Brooklyn, New York 11242
(718) 260-8668
S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18529
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2003-10259
In the Matter of City of Yonkers, petitioner, v New York State Board of Real Property Services, respondent.
| 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 in a proceeding pursuant to RPTL § 1218.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 14, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18430
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-03333, 2004-03334
In the Matter of Christyn Ann D. (Anonymous). Suffolk County Department of Social Services, respondent; Howard D. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Stephanie Lynn D. (Anonymous). Suffolk County Department of Social Services, respondent; Howard D. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket Nos. N-138-01, N-139-01, N-140-01, N 141-01, B-17042-02, B-17045-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
On the court's own motion, it is
ORDERED that its decision and order dated November 16, 2004, in the above-entitled matters, which granted the motion of the appellant Charlotte D. for leave to prosecute the appeals as a poor person and for the assignment of counsel, is amended by deleting the third decretal paragraph thereof and substituting therefor the following decretal paragraph:
"ORDERED that the stenographer(s) and/or the transcription services(s) is/are required to provide the attorney for Charlotte D. with copies of the transcripts made and certified in connection with the decision and order on motion of this court, dated November 16, 2004, which granted the motion of the appellant Howard D. for leave to prosecute the appeals as a poor person and for the assignment of counsel."
FLORIO, J.P., KRAUSMAN, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18436
M/nal
|
2004-03758, 2004-03761, 2004-03762
In the Matter of Fatima Iaisha D. (Anonymous). Episcopal Social Services, respondent; Kathy B. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jihad Born D. (Anonymous). Episcopal Social Services, respondent; Kathy B. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Karif Abdul Malik D. (Anonymous). Episcopal Social Services, respondent; Kathy B. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-265-02, B-266-02, B-267-02)
| ORDER TO SHOW CAUSE |
Appeals by Kathy B. from three orders of the Family Court, Richmond County, all dated March 3, 2004. By decision and order on motion of this court dated September 2, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeals as a poor person on or before November 3, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 6, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18512
M/nal
|
2004-00482 In the Matter of Shanasia H. (Anonymous). Suffolk County Department of Social Services, respondent; Eric R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dominique L. (Anonymous). Suffolk County Department of Social Services, respondent; Eric R. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-1004/03, N-1512/03, F-15540-02)
| SCHEDULING ORDER |
Appeal by Eric R. from an order of the Family Court, Suffolk County, entered December 15, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 13, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until January 5, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18535
CF/
|
2004-06503, 2004-06504 In the Matter of Peter L. Hallock, et al., respondents, v Barbara B. Richey, appellant. (Index No. 2837/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Supreme Court, Suffolk County, dated April 13, 2004 and June 17, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18439
O/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-08783 In the Matter of Metropolitan Transportation Authority, etc., respondent; New York & Atlantic Railroad, et al., appellants. (Matter No. 1) (Index No. 28158/02) In the Matter of New York & Atlantic Railway and Southeast Produce, Ltd., appellants, v Metropolitan Transportation Authority, et al., respondents. (Matter No. 2) (Index No. 31046/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled matters pending hearing and determination of an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated September 1, 2004.
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., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18471
F/
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-08077
In the Matter of Jordan P.(Anonymous). Administration for Children's Services, respondent; Donna C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Xavier P. (Anonymous). Administration for Children's Services, respondent; Donna C. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-14432-02, N-14433-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Queens County, dated March 26, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Yasmin Daley-Duncan, Esq.
218 Smith Street
Brooklyn, New York 11201
(718) 284-3575
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.
S. MILLER, J.P., KRAUSMAN, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18432
M/nal
|
2004-01919
In the Matter of Mary P. (Anonymous). Rockland County Department of Social Services, respondent; LaToya P. (Anonymous), appellant. (Docket Nos. B-3030-03, B-3031-0, 3B-3021-03, B-3027-03)
| ORDER TO SHOW CAUSE |
Appeal by LaToya P. from an order of the Family Court, Rockland County, dated January 15, 2004. By decision and order on motion of this court dated September 14, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before November 3, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 6, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18518
M/nal
|
2004-02770 In the Matter of William Reichling, respondent, v Dolores Reichling, appellant. (Docket Nos. V-4442-98, V-4443-98)
| SCHEDULING ORDER |
Appeal by Dolores Reichling from an order of the Family Court, Suffolk County, dated March 19, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 31, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until December 10, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18485
F/
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-09240 In the Matter of Johnnie Sease, appellant, v State of New York, respondent.
(Claim No. 105194)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Court of Claims, dated September 24, 2004, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., KRAUSMAN, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18468
F/
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-05503
In the Matter of Sharon Sitzer, appellant, v Gary Fay, respondent. (Docket No. V-1607-93)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated May 20, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition and 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 to prosecute the appeal:
Gina M. Scelta, Esq.
P.O. Box 407
Centerport, New York 11721
(631) 547-6973
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.
S. MILLER, J.P., KRAUSMAN, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18527
S/sl
|
2003-08830
In the Matter of Town of Mount Kisco, petitioner, v New York State Board of Real Property Services, et al., respondents.
| ORDER ON APPLICATION |
Application by the respondent New York State Board of Real Property Services pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in a proceeding pursuant to RPTL § 1218.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until January 14, 2005, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18473
F/
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-09150 In the Matter of Johanne C. Walker, respondent, v Garth N. Henry, appellant.
(Docket No. F-22623-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated September 20, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED 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).
S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18472
F/
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-06836
In the Matter of Muriel Wilson, et al., respondents, v Elizabeth Smith, appellant. (Docket No. V-4845-01, V-6083-01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Queens County, dated July 13, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Steven P. Forbes, Esq.
90-50 Parsons Blvd. - Suite 401
Jamaica, New York 11432
(718) 791-8444
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.
S. MILLER, J.P., KRAUSMAN, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18514
M/nal
|
2003-04581
In the Matter of Ruth Y. (Anonymous). Orange County Department of Social Services, respondent; Yvonne Y. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Kimberly Y. (Anonymous). Orange County Department of Social Services, respondent; Yvonne Y. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-481-02, B-482-02)
| SCHEDULING ORDER |
Appeal by Yvonne Y. from an order of the Family Court, Orange County, dated March 13, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 13, 2004, and the respondent's brief was served and filed on November 3, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until December 10, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12765
F/
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-00617 The People, etc., appellant, DECISION & ORDER v Robert A. (Anonymous), respondent. (Ind. No. 02-00852)
| ON MOTION |
Motion by the respondent pro se for the assignment of counsel to respond to an appeal by the People from an order of the County Court, Orange County, dated December 10, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as attorney for the respondent to respond to the appeal from said order:
Matthew B. Tully, Esq.
P.O. Box 491
Hunter, New York 12442
and it is further,
ORDERED that the respondent is directed to serve one copy of his brief and to file nine copies thereof; and it is further,
ORDERED that the respondent shall serve and file his brief on or before January 21, 2004.
SANTUCCI, J.P., GOLDSTEIN, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18544
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2002-09868 The People, etc., respondent, v Deshawn Alexander, appellant. (Ind. No. 9286/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that the decision and order on motion of this court, dated July 28, 2004, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 1, 2002, is recalled and vacated; and it is further,
ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.
The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18489
F/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-09076
The People, etc., respondent, v Mark Brescia, appellant. (Ind. No. 40/03)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Dutchess County, rendered November 19, 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 granted; and it is further,
ORDERED that the appellants's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondents' briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated in or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion or in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
David Goodman, Esq.
Public Defender
22 Market Street
Poughkeepsie, New York 12601
and is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
H. MILLER, J.P., GOLDSTEIN, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 6373
Clinton Corr. Fac.
Box 2002
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M18483
F/
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-02782 The People, etc., respondent, v Ernest Curry, appellant. (Ind. No. 1046/02)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered January 5, 2004, as amended February 17, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the source of counsel fees paid to retained counsel, and (2) the source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18521
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-10988
The People, etc., respondent, v Anthony Ettari, appellant. (Ind. No. 14/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Putnam County, rendered November 5, 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 in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
John Savoca, Esq.
One Bark Avenue - Suite 135
White Plains, New York 10601
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 5924
Great Meadow Corr. Fac.
Box 51
Comstock, New York 12821
Appellate Division: Second Judicial Department
M18516
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2001-02163 The People, etc., respondent, v Juan Gomez, appellant. (Ind. No. 99-01640)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that the decision and order on motion of this court, dated May 13, 2003, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered January 10, 2001, is recalled and vacated; and it is further,
ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.
The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18517
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-09063
The People, etc., respondent, v Keith Murray, appellant. (Ind. No. 03-01228)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered September 28, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Scott B. Tulman, Esq.
369 Lexington Avenue - 15th 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.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 5347
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division : Second Judicial Department
M18466
F/nl
A. GAIL PRUDENTI, P.J.
|
2004-08141 The People, etc., plaintiff, Derrick Patterson, defendant. (Ind. Nos. 4326/97, 4327/97, 100/98, 10198, 110/98)
| DECISION & ORDER ON MOTION |
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 July 21, 2004, 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.
A. GAIL PRUDENTI
Presiding Justice
Appellate Division: Second Judicial Department
M18487
F/
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-06621
The People, etc., plaintiff, v Lavellous Purcell, defendant. (Ind. No. 1306/03)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Renewed motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Nassau County, rendered April 26, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., KRAUSMAN, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 2660
Clinton Corr. Fac.
Box 2002
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M18513
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2002-10246 The People, etc., respondent, v Patrice Smith, appellant. (Ind. No. 3318/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that the decision and order on motion of this court, dated June 10, 2004, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 30, 2002, is recalled and vacated; and it is further,
ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.
The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18520
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-09232
The People, etc., respondent, v Dechanelle Stewart, appellant. (Ind. No. 2847-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered September 13, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 G 0882
Lakeview Corr. Fac.
Box T
Brocton, New York 14716