APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5006
S/sl
|
2003-01924
Dalia Angrand, etc., respondent, v Ronald A. Stern, etc., appellant, et al., defendants. (Index No. 18011/96)
| 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, Queens County, dated January 24, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 25, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5037
S/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2002-11518
Albert G. Berkowitz, et al., appellants, v Richard Capuano, etc., et al., respondents. (Index No. 26211/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order and motion dated November 21, 2003, in the above-entitled case is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the appellants pro se to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated November 15, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until December 30, 2003, and the record or appendix on the appeal and the appellants' 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.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5030
E/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2002-08970, 2003-01256 Arthur T. Botsas, etc., appellant, v Abraham C. Grossman, etc., et al., respondents. (Action No. 1) (Index No. 15645/97) 2002-09884 Arthur T. Botsas, etc., appellant, v Western Queens Community Hospital, et al., respondents. (Action No. 2) (Index No. 6556/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order of the Supreme Court, Queens County, dated August 14, 2002, and two orders of the same court, both dated September 6, 2002, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the appendix and supplemental appendix on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4982
S/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
NANCY E. SMITH
HOWARD MILLER, JJ.
|
2003-08594 John Curry, appellant, v Patricia Curry, respondent.
(Index No. 5286/94)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated November 6, 2003, in the above-entitled case is amended by deleting from the preamble and decretal paragraphs thereof the date "July 2, 2003", and substituting therefor the date "October 17, 2003".
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4979
A/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-02682
Joanna D'Angelo, respondent, v Joseph C. Jarkovsky, et al., appellants. (Index No. 32555/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated February 24, 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.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4986
T/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-08988 Valerie Derbyshire, respondent, v Joseph Derbyshire, appellant. (Index No. 5167/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated August 6, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that does not decide a motion made on notice, and we decline to grant leave to appeal (see CPLR 5701[a][2]); and it is further,
ORDERED that the motion is denied as academic.
PRUDENTI, P.J., S. MILLER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4972
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2003-09268 Linda Downing, respondent, v Robert Downing, appellant. (Index No. 2620/02)
| DECISION & ORDER ON MOTION |
Appeal by Robert Downing from a decision of the Supreme Court, Dutchess County, dated September 19, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4139
Y/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2003-02157 Ideal Steel Supply Corp., respondent, v Jenny Fang, et al., appellants, et al., defendants. (Index No. 842/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial of the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated January 28, 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 as academic in light of the determination of the appeal (see Ideal Steel Supply Corp. v Fang, __________AD2d__________ [2d Dept., Nov. 24, 2003]).
SANTUCCI, J.P., LUCIANO, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5009
S/sl
|
2003-03190
Darlene McCluskey, et al., respondents, v Manuel Aguilar, et al., appellants, et al., defendants. (Index No. 25011/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated March 7, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4991
T/sl
ANITA R. FLORIO, J.P.
WILLIAM D. FRIEDMANN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-06052 Vivian Scarangella, etc., et al., respondents, v Anthony Laborde, a/k/a Abdul Majid, etc., appellant. (Index No. 3647/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated June 20, 2003, as a poor person.
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; and it is further,
ORDERED that on the court's own motion, the appellant's time to perfect the appeal is enlarged until February 11, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4980
A/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-06237 Spectrum Skanska, Inc., appellant-respondent, v CGU Insurance Co., n/k/a One Beacon Insurance Group, respondent-appellant. (Index No. 17116/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to enlarge the time serve and file its answering brief on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered June 25, 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 it is further,
ORDERED that the respondent-appellant's time to serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until December 19, 2003, and the respondent-appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4996
C/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-05750 David Vita, et al., plaintiffs, v Mass Electric of New York, defendant third-party plaintiff respondent, New York City Transit Authority, et al., defendants-respondents; North Star Contracting Corp., third-party defendant-appellant. (Index No. 20647/02)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant-appellant to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 29, 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.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5007
S/sl
|
2003-02925
Warwick NY CVS, LLC, respondent, v Village of Warwick, et al., appellants. (Index No. 5383/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an interlocutory judgment of the Supreme Court, Orange County, dated February 5, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 27, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4974
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2003-09403 In the Matter of Edward Hayde, appellant, v Christina Birath, respondent. (Docket Nos. U-03727-97/03D, U-03727-97/03E)
| DECISION & ORDER ON MOTION |
Appeal by Edward Hayde from an order of the Family Court, Dutchess County, dated September 23, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112).
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4484
F/
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY E. COZIER, JJ.
|
2003-06955 In the Matter of Jamal J. (Anonymous), appellant.
(Docket No. D-4441-03)
| 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 the decision and order on motion in the above-entitled case dated November 3, 2003, is recalled and vacated and the following decision and order is substituted therefor:
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated July 9, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
David I. Bliven, Esq.
90-50 Parsons Blvd.- Suite 401C
Jamaica, New York 11432
(718) 725-9600
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
SMITH, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4926
A/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-04600 In the Matter of Patricia Lee, appellant, v Gregory Lee, respondent.
(Docket No. F-2375/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated April 28, 2003, for leave to reargue a motion for leave to prosecute the appeal as a poor person, and for the assignment of counsel, which was determined by decision and order of this court dated October 24, 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; and it is further,
ORDERED that pursuant to 22 NYCRR 670.4[a][2]), the scheduling order of this court dated August 1, 2003, is amended, 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 her brief on the appeal is enlarged until January 15, 2004.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4997
T/sl
ANITA R. FLORIO, J.P.
WILLIAM D. FRIEDMANN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2002-08024, 2002-08025, 2002-08026, 2002-08027
In the Matter of Lisa Rosemore, respondent, v Sheldon Lynch, appellant. (Proceeding No. 1) In the Matter of Sheldon Lynch, appellant, v Lisa Rosemore, respondent. (Proceeding No. 2) (Docket Nos. V-20767/99, V-027959/00, V-04957/01, O-07267/01, O-19811/99)
| DECISION & ORDER ON MOTION |
Appeals by Sheldon Lynch from four orders of the Family Court, Kings County, all dated July 9, 2002. By order to show cause dated October 28, 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 appeals in the above-entitled proceedings for failure to comply with a scheduling order dated August 20, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is
ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated August 20, 2003 (see 22 NYCRR 670.4[a][5]).
FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4989
S/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-09402 In the Matter of Robert Seymour, respondent, v Ursula Seymour, appellant. (Docket Nos. V-04248-03)
| DECISION & ORDER ON MOTION |
Appeal by Ursula Seymour from an order of the Family Court, Dutchess County, dated October 3, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4995
C/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-08506 In the Matter of Fred Steiner, deceased. Evelyn Smith Steiner, appellant; Scott Stanislaw, et al., respondents. (Index No. 321/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled matter pending the hearing and determination of an appeal from an order of the Surrogate's Court, Orange County, dated August 22, 2003, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for a stay of all proceedings is denied; and it is further,
ORDERED that the branch of the motion which is for a preference is granted and the appeal will be calendared when it is fully perfected.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4984
T/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-00584 In the Matter of Town of Ramapo, respondent, v Ramapo Police Benevolent Association, et al., appellants. (Index No. 4354/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated December 20, 2002.
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 appellants' time to perfect the appeal is enlarged until December 26, 2003, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
PRUDENTI, P.J., S. MILLER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4873
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-09564
The People, etc., respondent, v Christian Allen, appellant.
(Ind. No. 03-00119)
| 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 October 8, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
John R. Lewis, Esq.
36 Hemlock Drive
Sleepy Hollow, New York 10591
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.
ALTMAN, J.P., GOLDSTEIN, CRANE, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 3035
Downstate Corr. Fac.
P.O. Box 445
Fishkill, New York 12524
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4895
F/
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-08323 The People, etc., respondent v Norman Baker, a/k/a Eddie Cruz, appellant. (Ind. Nos. 3417/01, 1182/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take appeals from two judgments of the Supreme Court, Queens County, both rendered May 5, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appellant's time to take appeals from the judgments is extended and the appellant's motion papers are deemed timely notices of appeal from the judgments of the Supreme Court, Queens County, both rendered May 5, 2003.
SMITH, J.P., LUCIANO, H. MILLER, and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4861
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2002-04230
The People, etc., respondent, v Wesley Boucher, appellant. (Ind. No. 1728-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered April 16, 2002, for leave to prosecute the appeal as a poor person, and for the assignment of counsel, and separate motion by the respondent to dismiss the appeal as abandoned.
Upon the papers filed in support of the motions and the papers filed in relation thereto, it is
ORDERED that the branch of the motion by the respondent which is to dismiss the appeal as abandoned is denied; and it is further,
ORDERED that the branch of the motion by the appellant pro se is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4883
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-05350
The People, etc., respondent, v Marquise Boynton, appellant.
(Ind. No. 02-00007)
| 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 June 2, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert P. McGrath, Esq.
One Moran Place
New Rochelle, New York 10801
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, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 4586
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4948
F/
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-04301
The People, etc., respondent, v Edward Bridges, appellant. (Ind. No. 3058/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered April 29, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4884
F/
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
ROBERT W. SCHMIDT, JJ.
|
2000-03588 The People, etc., respondent, v Robert Brown, appellant. DECISION & ORDER ON MOTION
(Ind. No. 98-01121)
| Motion to File a Supplemental Brief |
Renewed motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Westchester County, rendered February 14, 2000.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., GOLDSTEIN, H. MILLER, and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
00 A 1439
Upstate Corr. Fac.
Box 2001
Malone, New York 12953
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4205
E/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
NANCY E. SMITH
HOWARD MILLER, JJ.
|
2001-11009
The People, etc., respondent, v Kevin Crowder, appellant. (Ind. No. 2402/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered December 4, 2001, for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceedings, if any, and to be provided with the minutes of the grand jury proceedings, copies of documents pertaining to what witnesses received in exchange for their testimony, a copy of the omnibus motion, and a copy of the People's answer to the omnibus motion.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceedings, if any, is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,
ORDERED that the branches of the motion which are to be provided with a copy of the omnibus motion and a copy of the People's answer to the omnibus motion are denied as no such documents exist; and it is further,
ORDERED that the branches of the motion which are to be provided with the minutes of the grand jury proceedings, copies of documents pertaining to what witnesses received in exchange for their testimony are denied.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
01-A-6820
Green Haven Correctional Facility
Box 4000
Stormville, N.Y. 12582
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4946
F/
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-07006
The People, etc., respondent, v Aaron Gams, appellant. (Ind. No. 02-00609)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant pro se on an appeal from a judgment of the County Court, Westchester County, rendered January 29, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4951
F/
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-00547
The People, etc., respondent, v Blair Garner, appellant. (Ind. No. 1049-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered November 21, 2002, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4872
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-06886
The People, etc., respondent, v Donnell Harris, appellant.
(Ind. No. 01-01612)
| 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 Supreme Court, Westchester County, rendered May 23, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Roger Kraminitz, Esq.
17 Hillsid Avenue
Croton-on-Hudson, New York 10520
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.
ALTMAN, J.P., GOLDSTEIN, CRANE, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 3035
Upstate Corr. Fac.
Box 2000, 309 Bare Hill Rd.
Malone, New York 12953
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4874
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-09349
The People, etc., respondent, v Lee Hernandez, appellant.
(Ind. No. 02-01256)
| 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 23, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Douglas T. Martino, Esq.
22 W. First Street - Suite 306
Mt. Vernon, New York 10550
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.
ALTMAN, J.P., GOLDSTEIN, CRANE, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 5153
Downstate Corr. Fac.
P.O. Box 445
Fishkill, New York 12524
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4885
F/
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2002-10244 The People, etc., respondent, v David Holmes, appellant. DECISION & ORDER ON MOTION
(Ind. No. 01-00787)
| Motion to File a Supplemental Brief |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered October 30, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
02 A 6067
Coxsackie Corr. Fac.
Box 999
Coxsackie, New York 12051
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4859
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-07508
The People, etc., respondent, v Mohamed Kadry, appellant. (Ind. No. 4295/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered July 16, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4835
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
1994-08991 The People, etc., respondent, v Norberto Lebrun, appellant. (Ind. No. 14167/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered September 12, 1994.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4855
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-07556
The People, etc., respondent, v Roderick Lesane, appellant. (Ind. No. 2388/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered August 4, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4857
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-04314, 2003-08947
The People, etc., respondent, v Angel Maldonado, appellant. (Ind. Nos. 2340/99, 891/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeals from two judgments of the County Court, Suffolk County, both rendered April 25, 2003, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4871
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-09353
The People, etc., respondent, v Eric Marshall, appellant.
(Ind. No. 03-01110)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered October 2, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Raymond E. Kerno, Esq.
1527 Franklin Avenue
Mineola, New York 11501
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.
ALTMAN, J.P., GOLDSTEIN, CRANE, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 1397
Sing Sing Corr. Fac.
354 Hunter St.
Ossining, New York 10562
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5029
E/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2001-05970
The People, etc., respondent, v David Martinez, appellant (Ind. No. 774/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered June 18, 2001.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before January 30, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
01 A 3792
Attica Corr. Fac.
Box 149
Attica, New York 14011
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4863
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-07225
The People, etc., respondent, v Marcus Micolo, appellant. (Ind. No. 2511-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered July 17, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4882
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2002-01144 The People, etc., respondent, v Leonard Mires, appellant. (Ind. No. 01-00728)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Orange County, rendered January 4, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4876
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-09351
The People, etc., respondent, v James Parris, appellant.
(Ind. No. 03-00213)
| 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 Supreme Court, Westchester County, rendered September 11, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Abraham Mayers, Esq.
976 McLean Avenue - # 382
Yonkers, New York 10704
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.
ALTMAN, J.P., GOLDSTEIN, CRANE, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 4995
Downstate Corr. Fac.
P.O. Box 445
Fishkill, New York 12524
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4950
F/
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-07645
The People, etc., respondent, v Nathan Powell, appellant. (Ind. No. 82/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered August 18, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4868
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-07644, 2003-10367
The People, etc., respondent, v Yvonne Roberts, appellant.
(Ind. Nos. 1071/02, 2581/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute appeals from two judgments of the County Court, Nassau County, both rendered August 7, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:
Kent V. Moston, Esq.
Attorney in Charge, Criminal Div.
Leagal Aid Society of Nassau Co.
1 Helen Keller Way
Hempstead, New York 11550
and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals 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 appeals; 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 appeals are taken.
ALTMAN, J.P., GOLDSTEIN, CRANE, and MASTRO, JJ, concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
116-27 147th St.
Jamaica, New York 11436
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4866
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-07832
The People, etc., plaintiff, v Michael Anthony Rogers, defendant. (Ind. No. 9052/02)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment |
Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered April 7, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
03 A 2516
Franklin Corr. Fac.
Box 10, Bare Hill Rd.
Malone, N.Y. 12953
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4869
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-05072
The People, etc., respondent, v Eddie Rush, appellant.
(Ind. No. 404/01)
| 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, Nassau County, rendered May 20, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Martin Goldberg, Esq.
P.O. Box 236
Franklin Square, New York 11010
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.
ALTMAN, J.P., GOLDSTEIN, CRANE, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 3156
Sing Sing corr. Fac.
354 Hunter St.
Ossining, New York 10562
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4858
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-07357
The People, etc., respondent, v Eric Schrader, appellant. (Ind. No. 02-00950)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered August 6, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4860
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-05762
The People, etc., respondent, v Robert R. Sioleski, appellant. (Ind. No. 13/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Dutchess County, rendered May 30, 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 no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4930
A/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2002-06550
The People, etc., respondent, v Carl Snyder, appellant. (Ind. No. 12404/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, inter alia, to enlarge his time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 26, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to serve and file his supplemental brief is enlarged until January 30, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4981
T/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2002-07333 The People, etc., respondent, v Kevin Taylor, appellant. (Ind. No. 02-00094)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Rockland County, rendered July 10, 2002, to be furnished with a copy of the typewritten transcript of certain proceedings to assist in the preparation of his supplemental pro se brief.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is
ORDERED that the motion is denied as academic, as the appellant has filed his supplemental pro se brief.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5008
F/
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-05978
The People, etc., respondent, v Andrew Zeigler, Jr., appellant. (Ind. No. 2748-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Suffolk County, rendered July 1, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the 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., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk