Appellate Division: Second Judicial Department

M32582

A/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-04707 Allen Edward Adam, et al., respondents, v David Parent, Jr., etc., appellant. (Index No. 1498/87)

DECISION & ORDER ON MOTION

Motion by William Grace Crane, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Putnam County, dated April 2, 2005, and cross motion by the respondents, inter alia, in effect, to direct that any service of the decision and order on motion of this court determining the motion be served on the appellant at a specified address, by certified mail, return receipt requested, and by ordinary mail.

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

ORDERED that the motion is granted, and William Grace Crane is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before December 12, 2005, William Grace Crane is directed to serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,

ORDERED that no further proceedings shall be taken against the appellant, without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until February 6, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32873

M/nal

2005-03811 Carol Ann Aiello, respondent, v Thomas Michael Aiello, appellant. (Index No. 24269/02)

DECISION & 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 a judgment of the Supreme Court, Kings County, dated March 31, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 16, 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

M32840

S/sl

2005-04868 Gisele Ambroise, respondent, v New York City Transit Authority, appellant. (Index No. 1331/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 15, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 17, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32935

O/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2005-07971 Judith Berman, et al., respondents, v County of Suffolk, et al., appellants. (Index No. 01-00175)

DECISION & ORDER ON MOTION

Motion by the appellants to stay jury selection and the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated July 28, 2005.

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.

H. MILLER, J.P., CRANE, KRAUSMAN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32890

O/sl

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-10097 Carmen Brown, appellant, v Michael Halliburton, et al., respondents. (Index No. 1187/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated September 13, 2005.

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

ORDERED that the motion is denied.

COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32875

S/sl

2005-01865 Henry Cebularz, et al., appellants, v Annette M. Diorio, respondent. (Index No. 50070/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Kings County, dated January 24, 2005.

ORDERED that the application is granted, the respondent's time to file a brief is enlarged, and the respondent's brief submitted to the Clerk of this court is accepted for filing; and it is further,

ORDERED that the reply brief, if any, shall be served and filed on or before December 12, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32315

A/sl

ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-03988 Congregation Yetev Lev D'Satmar, Inc., et al., respondents, v 26 Adar N.B. Corp., et al., appellants, et al., defendants. (Index No. 13224/90)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated April 19, 2005, to strike portions of the appendix and the appellants' brief, on the ground that the appendix contains and the brief refers to matter dehors the record, and to enlarge their time to serve and file a brief.

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 branch of the motion which is to strike portions of the appellants' appendix and brief is granted to the extent that pages 81 through 85 of the appendix and the following portions of the appellants' brief are stricken: (1) the last sentence on page 5 beginning with the words "but in any event" through "(A. 84)," and (2) the first sentence of the first full paragraph on page 7, and the appellants shall delete the above-referenced material from the copies of the appendix and brief on file with this court on or before December 12, 2005; and it is further,

 ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, and the respondents' time to serve and file a brief is enlarged until January 11, 2006.

SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32895

M/nal

2005-05373 Nina Fox, plaintiff, v Norris Fox, defendant. (Action No. 1) (Index No. 2565/05 Norris Fox, respondent, v Nina fox, appellant. (Action No. 2) (Index No. 19651/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered May 13, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 23, 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

M32848

M/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-07354 Carol Glick, respondent, v Russell Glick, appellant. (Index No. 005888-99)

DECISION & ORDER ON MOTION

Appeal by Russell Glick from an order of the Supreme Court, Nassau County, dated May 5, 2005. By order to show cause dated October 19, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 8, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and the papers filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated September 8, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32865

M/nal

2005-04066 H & B Associates, d/b/a Prudential Long Island Realty, appellant, v Harvey Beckman, et al., respondents. (Index No. 12602/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 17, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 23, 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

M32856

M/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-07103 Thomas A. Jackson, respondent, v Kim Jackson, appellant. (Index No. 06296/96)

DECISION & ORDER ON MOTION

Appeal by Kim Jackson from an order of the Supreme Court, Suffolk County, dated June 20, 2005. By order to show cause dated October 19, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 8, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until January 9, 2006, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32868

S/sl

2005-04121 Edna John, appellant, v Tishman Construction Corporation of New York, respondent, et al., defendants. (Index No. 20708/01)

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 March 7, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 29, 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

M32858

S/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-07888 Barbara R. Lane, appellant, v Michael Hinds, Blum & Bellino, Inc., et al., respondents. (Index No. 19625/03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 22, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

The plaintiff, Barbara R. Lane, having appealed to this court from an order of the Supreme Court, Westchester County, dated August 31, 2004, and having perfected the appeal on March 3, 2005, and the respondents having filed no brief, the matter was placed on this court's calendar for October 3, 2005. By letter dated September 15, 2005, counsel for the respondents advised this court that the instant appeal was being withdrawn. The stipulation withdrawing the appeal which was appended to the letter is dated April 22, 2005. By order to show cause dated October 11, 2005, the parties or their counsel were directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate.

Now, on the court's own motion and the papers filed in response thereto, it is

ORDERED that within 20 days after service upon it of a copy of this decision and order on motion, Young & Bartlett, LLP, counsel for the respondents, is directed to pay a sanction in the sum of $500 to the Lawyers' Fund for Client Protection of the State of New York (see 22 NYCRR 130-1.1[b]); and it is further,

ORDERED that within 20 days after service upon it of a copy of this decision and order on motion, Steinberg & Cavaliere, LLP, counsel for the appellant, is directed to pay a sanction in the sum of $250 to the Lawyers' Fund for Client Protection of the State of New York (see 22 NYCRR 130-1.1[b]); and it is further,

ORDERED that the Clerk of the Supreme Court, Kings County, shall enter judgment accordingly (see 22 NYCRR 130-1.2); and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion upon counsel for the parties by regular mail.

Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).

Under the circumstances, the failure of counsel for the parties to promptly advise this court that the appeal should not be calendared warrants imposition of sanctions in the amount indicated.

ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32864

S/sl

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-05058 Ilias Lelekakis, f/k/a Elias Lelekakis, appellant, v Stanley Kamamis, et al., respondents. (Appeal No. 1) 2005-07884 Ilias Lelekakis, f/k/a Elias Lelekakis, appellant- respondent, v Stanley Kamamis, et al., respondents- appellants. (Appeal No. 2) (Index No. 28566/01)

DECISION & ORDER ON MOTION

Application by the Ilias Lelekakis, f/k/a Elias Lelekakis on an appeal from an order of the Supreme Court, Queens County, dated May 20, 2005, and an appeal and cross appeal from a decision of the same court dated June 21, 2005, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order dated May 20, 2005.

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 and cross appeal from the decision dated June 21, 2005, are dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal from the order dated May 20, 2005, is enlarged until January 24, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32832

S/sl

2005-05631 Marvin Lilienthal, respondent-appellant, v New Dimensions in Staffing, Inc., et al., defendants, Metropolitan Temporaries, Inc., et al., appellants-respondents. (Index No. 4357/00)

ORDER ON APPLICATION

Application by the appellants-respondents Citrin Cooperman & Company, LLP, Robert Schneider, and Nicholas Florio, and the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and a cross appeal from an order of the Supreme Court, Nassau County, dated April 29, 2005.

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

ORDERED that the appellants-respondents' time to perfect the appeals is enlarged until February 13, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' respective briefs must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file his answering brief, including his 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

M32833

S/sl

2005-07005 Marvin Mann, appellant, v Manheim Services Corporation, Inc., d/b/a Newburgh Auto Auction, respondent. (Index No. 2399/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Orange County, dated June 15, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 2, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32838

S/sl

2005-06372 Christine Marino, et al., appellants, v Dorothy Rodi, et al., respondents. (Index No. 07165/03)

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, Westchester County, entered June 10, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 23, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32839

S/sl

2005-06059 Bernadette McAdams, appellant, v Francine V. Esposito, respondent. (Index No. 11894/01)

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, Westchester County, dated March 8, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 7, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32934

E/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-02449 Michelle Melish, respondent, v Andrew August Melish, appellant. (Index No. 16907/86)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated February 4, 2005, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on 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 on condition that on or before January 3, 2006, the appellant serves and files a supplemental record containing the affidavit of the respondent and the respondent's attorney which were appended to the underlying order to show cause and any exhibits thereto; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until February 3, 2006, and the respondent's brief must be served and filed on or before that date.

H. MILLER, J.P., ADAMS, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32879

S/sl

2005-09591 Zvi Mor, appellant, v Gary Fastow, a/k/a Gershon Fastow, et al., respondents. (Index No. 23178/04)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated August 22, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 15, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32876

S/sl

2005-00398 People of the State of New York, etc., respondent, v Lewis Robert O'Neal, appellant.

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 County Court, Westchester County, dated December 13, 2004.

ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32872

S/sl

2005-03991 Virginia A. Sampino, et al., appellants, v Crescent Associates, LLC, et al., respondents. (Index No. 3421/03)

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 February 3, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 31, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32834

S/sl

2005-06236 Rosalind Silverstein, appellant, v Marine Midland Trust Company of New York, et al., respondents (and third-party actions). (Index No. 17220/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered May 19, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 14, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32866

S/sl

2005-03214 State of New York, respondent, v City of Yonkers, appellant. (Index No. 21081/02)

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 and judgment (one paper) of the Supreme Court, Westchester County, dated February 15, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 9, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32830

S/sl

2005-03448 Margarita T. Walter, appellant, v John E. Walter, Jr., respondent. (Index No. 17328/01)

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, Westchester County, dated February 23, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 1, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32831

S/sl

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2004-08773 Jeffrey Weisman, appellant, v Rosemarie Weisman, respondent. (Index No. 17795/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 14, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated September 8, 2004, to authorize and direct the Treasurer of Suffolk County to release to him funds in the sum of $4,000, that were posted as an undertaking pursuant to CPLR 5519 and CPLR 2502.

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 Treasurer of Suffolk County is directed to release to the appellant or his agent funds in the sum of $4,000, together with all accrued interest, less any appropriate and statutory fees due to the Treasurer, by check payable to Jeffrey Weisman, which were posted as an undertaking pursuant to CPLR 5519 and CPLR 2502 in the above-entitled action.

CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32898

M/nal

2005-02523 Michael Zafran, appellant, v Lisa Zafran, respondent. (Index No. 26917-98)

SCHEDULING ORDER

Appeal by Michael Zafran from an order of the Supreme Court, Nassau County, dated February 4, 2005. The appellant's brief was filed in the office of the Clerk of this court on October 7, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until December 5, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32805

F/

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-09299 In the Matter of Jose L. Archila, respondent, v Suyapa Regalado-Archila, appellant. (Docket No. O-3988-05)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated September 1, 2005, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those 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:

Charles K. McGoey, Esq.

271 North Avenue - Suite 102

New Rochelle, New York 10801

(914) 633-5593

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.

CRANE, J.P., LUCIANO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32877

E/sl

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-10796 In the Matter of David C. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; David C. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Shawn C. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; David C. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Erin C. (Anonynous). Suffolk County Department of Social Services, petitioner-respondent; David C. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) (Docket Nos. N-00042-04, N-00043-04, N-00044-04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of stated portions of an order of the Family Court, Suffolk County, dated October 20, 2005, pending hearing and determination of an appeal therefrom, in effect, 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 branch of the motion which is to stay enforcement of the order is denied; and it is further,

ORDERED that the branches of the motion which are, in effect, for leave to prosecute the appeal as a poor person, and for the assignment of counsel are 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 (see 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 (see 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:

Glenn Gucciardo, Esq.

256 Main Street - Suite 206

Northport, New York 11768

(631) 262-6911

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 (see 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.

COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32843

M/nal

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-09642 In the Matter of Melinda D. (Anonymous). Administration for Children's Services, et al., respondents; Claudia F. (Anonymous), appellant. (Docket No. N-3637-02)

SCHEDULING ORDER

Appeal by Claudia F. from an order of the Family Court, Kings County, dated September 30, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 14, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until January 30, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted.

CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32853

M/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-07517 In the Matter of Renee Elizabeth D. (Anonymous). Westchester County Department of Social Services, respondent; Jessica D. (Anonymous), appellant. (Docket No. B-1968-05)

DECISION & ORDER ON MOTION

Appeal by Jessica D. from an order of the Family Court, Westchester County, dated June 7, 2005. By order to show cause dated October 3, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated August 16, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and the papers filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated August 16, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32842

M/nal

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-06110 In the Matter of Valerie Dorset, appellant, v Stanley Dorset, respondent. (Docket Nos. F-06998-03, F-09569-03, F-08280-03)

DECISION & ORDER ON MOTION

Appeal by Valerie Dorset from an order of the Family Court, Westchester County, dated June 9, 2005. By decision and order on motion dated October 14, 2005, the appellant was given until November 14, 2005, to perfect the above-entitled appeal. The appeal has not been perfected.

On the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements.

CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32859

M/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-08494 In the Matter of Evelyn Fox, respondent, v Edwin Diaz, appellant. (Docket Nos. V-03144-00, V-03145-00)

DECISION & ORDER ON MOTION

Appeal by Edwin Diaz from an order of the Family Court, Suffolk County, dated July 15, 2005. By order to show cause dated October 27, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 21, 2005, issued pursuant to 22 NYCRR 670.4(a)(2). Application by the appellant to withdraw the appeal.

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

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

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32861

M/nal

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-05594, 2005-05595 In the Matter of David Kenny G. (Anonymous). Administration for Children's Services, et al., respondents; Alba G. (Anonymous), appellant. (Docket No. N-09080/05)

SCHEDULING ORDER

Appeals by Alba G. from two orders of the Family Court, Queens County, dated May 27, 2005, and June 1, 2005, respectively. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until December 27, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32807

F/

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-09783 In the Matter of Evelyn Gonzalez, appellant, v James M. DeFilippis, respondent. (Docket No. F-5061-05)

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, Westchester County, dated September 16, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32863

M/nal

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLION, JJ.

2004-07216 In the Matter of Robert Hausman, appellant, v Alita Hausman, respondent. (Docket No. F-083722/99)

SCHEDULING ORDER

Appeal by Robert Hausman from an order of the Family Court, Kings County, dated June 14, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 6, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent to serve and file a brief on the appeal is enlarged until December 16, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32844

M/nal

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-05081 In the Matter of Marie Joseph, respondent, v Samuel Isidore, appellant. (Docket No. F-02482-96)

DECISION & ORDER ON MOTION

Appeal by Samuel Isidore from an order of the Family Court, Suffolk County, dated May 4, 2005. By order to show cause dated November 3, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 20, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated September 20, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32771

A/sl

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-08011 In the Matter of Taskin K. (Anonymous). Administration for Children's Services, respondent; Nawaz K. (Anonymous), appellant. (Docket No. N-6454/05)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated July 14, 2005, as a poor person, for the assignment of counsel, and for a preference in the calendaring 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 branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are 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:

Jeffrey Bluth, Esq.

415 Albermarle Rd., Apt. 6K

Brooklyn, New York 11218

(718) 435-5357

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 the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary (see CPLR 5521); 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.

CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32845

M/nal

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-07683 In the Matter of Tanjira Khatun, respondent, v Shahajahan Ali, appellant. (Docket No. F-01378-02)

DECISION & ORDER ON MOTION

Appeal by Shahajahan Ali from an order of the Family Court, Richmond County, dated May 31, 2005. By order to show cause dated November 7, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated September 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32874

S/sl

2005-03946 In the Matter of Richard Kouns, II, etc., et al., respondents, v Angelo Petrone, etc., appellant. (Index No. 00173/05)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated March 28, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 15, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32849

M/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-07708 In the Matter of Robert Livingstone, appellant, v Bonnie Livingstone, respondent. (Docket No. O-04796-05)

DECISION & ORDER ON MOTION

Appeal by Robert Livingstone from an order of the Family Court, Nassau County, dated June 29, 2005. By order to show cause dated October 19, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 8, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated September 8, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32860

M/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-05707 In the Matter of "Male" M. (Anonymous), a/k/a Micah M. (Anonymous). Harlem Dowling-Westchester Center for Children and Family Services, petitioner-respondent; Deborah M. (Anonymous), appellant, et al., respondent. (Docket No. B-32463/03)

DECISION & ORDER ON MOTION

Appeal by Deborah M. from an order of the Family Court, Kings County, dated March 25, 2005. By decision and order on motion dated September 2, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person upon papers establishing that she was entitled to that relief and indicating that she is interested in pursuing the appeal on or before October 19, 2005. The appellant has failed to do so.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements.

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32850

M/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-07917 In the Matter of Juliana Novoseletsky, appellant, v Mark Novoseletsky, et al., respondents. (Docket Nos. F-19256-03, F-27478-03, F-35786-03)

DECISION & ORDER ON MOTION

Appeal by Juliana Novoseletsky from an order of the Family Court, Kings County, dated May 20, 2005. By order to show cause dated October 27, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 21, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and the papers filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated September 21, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32871

M/nal

2005-02686 In the Matter of Paul Palmieri, appellant, v New York State Department of Environmental Conservation, respondent. (Index No. 04-13500)

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, Suffolk County, dated January 5, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 27, 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

M32847

M/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-03633 In the Matter of Sylvia Faison Price, respondent, v Jason Raynard Price, appellant. (Docket No. F-01495-02)

DECISION & ORDER ON MOTION

Appeal by Jason Raynard Price from an order of the Family Court, Richmond County, dated March 9, 2005. By decision and order on motion dated August 25, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person upon papers establishing that he was entitled to that relief and indicating that he is interested in pursuing the appeal on or before September 30, 2005. The appellant has failed to do so.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements.

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32857

M/nal

DAVID S. RITTER , J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO , JJ.

2005-08375 In the Matter of Rashawn R. (Anonymous), appellant. (Docket No. D-08386/05)

DECISION & ORDER ON MOTION

Appeal by Rashawn R. from an order of the Family Court, Queens County, dated August 10, 2005. By order to show cause dated October 27, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 21, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

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

ORDERED that 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until January 10, 2005.

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32804

F/

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-06697 In the Matter of Brian Simmons, respondent, v Stephanie Pinto, appellant. (Docket No. V-2438-04)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Orange County, dated May 19, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is 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:

Richard L. Herzfeld, Esq.

555 5th Avenue - 14th Floor

New York, New York 10017

(212) 818-9019

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.

CRANE, J.P., LUCIANO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32841

M/nal

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-05739 In the Matter of Barbara Stirt, appellant, v Glenn Reed, respondent. (Docket No. F-00897-03)

DECISION & ORDER ON MOTION

Appeal by Barbara Stirt from an order of the Family Court, Nassau County, dated March 22, 2005. By decision and order on motion dated October 14, 2005, the appellant was given until November 14, 2005, to perfect the above-entitled appeal. The appeal has not been perfected.

On the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements.

CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32846

M/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-08539 In the Matter of Israel Valle, appellant, v Venture Valle, respondent. (Docket No. O-14214-02)

DECISION & ORDER ON MOTION

Appeal by Israel Valle from an order of the Family Court, Queens County, dated August 24, 2005. By order to show cause dated October 27, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 21, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and the papers filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated September 21, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32803

F/

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-09155 In the Matter of Brandon W. (Anonymous), appellant. (Docket No. E-5973-03)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Orange County, dated September 22, 2005, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the Law Guardian, Cheryl E. Maxim, Esq., Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:

Marsha E. Koretzky, Esq.

P.O. Box 943

Goshen, New York 10924

(845) 294-1611

and it is further, ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.

CRANE, J.P., LUCIANO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32867

M/nal

2004-03188 The People, etc., respondent, v Filiberto Aller, appellant. (Ind. No. 310/03)

DECISION & 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 a judgment of the Supreme Court, Queens County, rendered March 24, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 9, 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

M32823

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-09553 The People, etc., respondent, v Jason L. Annunziato, appellant. (Ind. No. 1309-05)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, rendered August 31, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

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

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

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

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

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

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

409 Wading River Manor Road

Manorville, New York 11949

Appellate Division: Second Judicial Department

M32854

S/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2004-02583 The People, etc., respondent, v Joseph Bullard, appellant. (Ind. No. 1322-04)

DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 22, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Suffolk County, rendered 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 granted, and the appellant's supplemental pro se brief shall be served and filed on or before January 23, 2006; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32816

F/

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

1999-05489 The People, etc., respondent, v Robert Candidus, appellant. (Ind. No. 705/99)

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, Nassau County, rendered May 19, 1999.

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]).

CRANE, J.P., LUCIANO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32808

F/

STEPHEN G., CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-09556 The People, etc., respondent, v Melkin Chavez, appellant. (Ind. No. 359-05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered September 9, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is 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, employment status, as well as any and all sources of income before conviction, and (2) whether counsel is retained counsel or assigned counsel, and if retained counsel, the amount and source of counsel fees paid to retained counsel.

CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32814

F/

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2003-00118 The People, etc., respondent, v Fernando Colman, appellant. (Ind. No. 1342/01)

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, Nassau County, rendered December 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]).

CRANE, J.P., LUCIANO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M32791

F/

HOWARD MILLER, J.

2005-09488 The People, etc., plaintiff, v Timothy Cooper, defendant. (Ind. No. 8643/98)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 17, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

HOWARD MILLER

Associate Justice

Appellate Division: Second Judicial Department

M32812

F/

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-09740 The People, etc., respondent, v Samuel Cruz, appellant. (Ind. No. 193/04)

DECISION & ORDER ON MOTION

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 Supreme Court, Richmond County, rendered March 14, 2005, and 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 branch of the motion which is to extend the time to take the appeal is granted; and it is further,

ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

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

CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32824

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-09540 The People, etc., respondent, v Brandon Dixon, appellant. (Ind. No. 05-00034)

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, Rockland County, rendered September 14, 2005, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in 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:

James Licata

Office of the Public Defender

11 New Hemstead Road

New City, New York 10956-3664

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., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 4780

Downstate Corr. Fac.

Box F - Red Schoolhouse Road

Fishkill, New York 12524-0445

Appellate Division: Second Judicial Department

M32813

F/

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2003-01048 The People, etc., respondent, v Alim Epps, appellant. (S.C.I. No. 02-00036)

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, Westchester County, rendered January 14, 2003.

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]).

CRANE, J.P., LUCIANO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32801

F/

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-01088 The People, etc., respondent, v Albert Ermmarino, appellant. (Ind. No. 978-03)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered October 16, 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 the motion is denied.

CRANE, J.P., LUCIANO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 5651

Butler Corr. Fac.

Box 400

Red Creek, New York 13143

Appellate Division: Second Judicial Department

M32797

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06344 The People, etc., respondent, v Kenneth Harvey, appellant. (Ind. No. 04-00329)

DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Rockland County, rendered June 2, 2005, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on October 3, 2005, and the following named attorney was assigned to prosecute the appeal:

Ronnie Gonzalez, Esq.

P.O. Box 623

West Haverstraw, New York 10993

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

ORDERED that the motion is granted; previously assigned 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 to prosecute the appeal:

Salvatore C. Adamo, Esq.

PMB 40

350 Fifth Avenue - Suite 3304

New York, New York 10118-0069

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 pre-sentence 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 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.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32811

F/

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-09537 The People, etc., respondent, v Claudio Lopez, appellant. (Ind. No. 2810/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered September 20, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M32893

F/

GLORIA GOLDSTEIN, J.

2005-09394 The People, etc., plaintiff, v Stacey Manning, defendant. (Ind. No. 3322/98)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated August 29, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

GLORIA GOLDSTEIN

Associate Justice

Appellate Division: Second Judicial Department

M32800

F/

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2002-10247 The People, etc., respondent, v Dareil Rennie, appellant. (Ind. No. 9386/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 31, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

CRANE, J. P., LUCIANO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 R 5898

Eastern Corr. Fac.

Box 338

Napanoch, New York 12458

Appellate Division: Second Judicial Department

M32802

F/

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-03775 The People, etc., respondent, v Kevin Settles, appellant. (Ind. No. 787/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an

appeal from a judgment of the County Court, Nassau County, rendered March 23, 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.

CRANE, J.P., LUCIANO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32810

F/

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-08832 The People, etc., respondent, v Luis Vasquez, appellant. (Ind. No. 05-00116)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Rockland County, rendered August 10, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32825

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2001-03051 The People, etc., respondent, v Karl Warren, appellant. (Ind. No. 00-00040)

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 March 9, 2001, 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 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., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

97 A 5232

Clinton Corr. Fac.

P.O. Box 2001

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M32819

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-08824 The People, etc., respondent, v Jonathan Williams, appellant. (Ind. No. 3010-03)

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 August 29, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

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

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

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

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

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

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 4588

Coxsackie Corr. Fac.

P.O. Box 999

Coxsackie, New York 12051

Appellate Division: Second Judicial Department

M32798

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-05036 The People, etc., respondent, v Valarie Wilson, appellant. (Ind. No. 6245/01)

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 20, 2005, 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 December 4, 2003, 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., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court