11-30-2004_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR NOVEMBER 30, 2004

TITLE	Case Number
Burghardt v Wilford	2004-03904
Crespo v Lombardo	2004-08245
F&J Continental Food Corp. v C.M.C. Company	2003-10559
Filippi v Mule	2004-08378
Friedman v Beth David Cemetery	2004-03942
Glen v Town of Greenburgh	2004-04375
Glen v Town of Greenburgh	2004-07796
IMC Mortgage Company v Kelly	2004-05330
Levakis v Levakis	2004-08342
Levi v Hill	2004-06750
Mackey v Weinstein	2004-04845
Mancheski v Gabelli Group Capital Partners	2004-05771 +2
Munnerlyn v Bullock Enterprises, Inc.	2004-06382
Nesdale v Banister	2004-05107
Norwest Bank Minnesota v Pittman-Hudson	2004-02705
Shapiro v Good Samaritan Hospital, s/h/a Good	2004-05933
Mtr of A. (Anonymous) Jasmine; Admistration f	2004-06001
Mtr of Congregation Yetev Lev D'Satmar, Inc.	2004-09716
Mtr of D. (Anonymous), Christyn Ann	2004-03333 +1
Mtr of D. (Anonymous), Christyn Ann	2004-03333 +1
Mtr of Funchess v Westchester County Departme	2004-07477
Mtr of Gallegos v Administration for Children	2004-03132
Mtr of Kellermueller v St. John	2004-07393 +2
Mtr of Purpura v Adams	2004-05348
Mtr of Ramos v Andino	2004-07694
Mtr of Soloninko v Soloninko	2004-05678
Mtr of Venezia, deceased.	2004-09874
Mtr of Vinson v Vinson	2004-08156 +1
Peo v Ackridge, Ronald M.	2003-10875
Peo v Andino, Angel Tolentino	2004-08016
Peo v Arroyo, Bladimil	2003-03320
Peo v Beauliere, Rene	2002-10709 +1
Peo v Boehm, Robert	2004-08540
Peo v Campbell, Gordon	2004-05221
Peo v Chicchetti, Anthony	2004-02680
Peo v Cochrane, Brendan	2004-00020
Peo v Corney, Malik	2004-09304
Peo v Cuello, Richard	2004-08012
Peo v Espinal, Manuel	2004-05021
Peo v Francis, Russell	2004-08535
Peo v Gant, Stanley	2004-05172
Peo v Hickman, Tony	2004-07680
Peo v Hill, Travis	2004-08532
Peo v Jackson, William	2004-08311
Peo v Jenkins, James	2004-04568
Peo v Lennon, John	2004-06278
Peo v Martin, Phoristine	2004-04145
Peo v Mathews, Wayne, a/k/a Matthews, Wayne	2004-06471
Peo v McDay, Keith	2004-08027
Peo v Mitchell, Eric	2003-09007
Peo v Nicia, Victor	2004-08030
Peo v Qanawi, Mahamoud	2003-01272
Peo v Ramos, Karlos	2004-08536
Peo v Reese, Lamont	2004-08037
Peo v Ruiz, Carlos	2004-04516
Peo v Sacco, Frank	2004-08365
Peo v Soto, Rahman	2004-09210
Peo v Taliaferro, Tyrone	2004-08537
Peo v Terrero, Angel	2004-04510
Peo v Turner, Irving	2004-04541
Peo v Umadat, Jeetranauth	2004-07625
Peo v Vickers, Nazeer	2003-06945 +1
Peo v Walker, Charles	2004-08970
Peo v Walker, James	2004-07119
Peo v Witherspoon, Jamel	2004-09631
Peo v Wynter, Jason	2004-09209

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Appellate Division: Second Judicial Department

M18841

CF/

2004-03904
Jazz Burghardt, et al., respondents,
v Sara Wilford, et al., appellants
(and a third-party action).
(Index No. 2407/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants Sara Wilford and Ronald Wilford to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 21, 2004.

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

ORDERED that the application is granted and the appeal by Sara Wilford and Ronald Wilford is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M18816

M/nal

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-08245

Elizabeth Crespo, appellant,
v Eugene Lombardo, respondent.
(Index No. 29909/03)

DECISION & ORDER ON MOTION

Appeal by Elizabeth Crespo from an order of the Supreme Court, Kings County, dated August 10, 2004. By order to show cause dated November 5, 2004, 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 October 1, 2004, 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 5, 2005.

SANTUCCI, J.P., H. MILLER, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M18853

2003-10559

F&J Continental Food Corp., appellant,
v C.M.C. Company, et al., respondents.
(Index No. 10384/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 27, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M18839

CF/

2004-08378
Doreen Filippi, respondent, v
Edward A. Mule, et al., appellants.
(Index No. 20370/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 26, 2004.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M18840

J/sl

2004-03942

Arlene Friedman, et al., appellants,
v Beth David Cemetery, et al., respondents.
(Index No. 1545/02)

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, Queens County, dated March 16, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 23, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M18843

CF/

2004-04375
Rebecca Glen, respondent, v Town of
Greenburgh, defendant, Hartsdale Avenue
Properties, appellant.
(Index No. 3996/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 13, 2004.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M18844

CF/

2004-07796
Rebecca Glen, respondent, v Town of
Greenburgh, defendant, Hartsdale Avenue
Properties, appellant.
(Index No. 3996/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 30, 2004.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M18836

CF/

2004-05330
IMC Mortgage Company, respondent,
v Martin Kelly, appellant, et al., defendants.
(Index No. 7445/98)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated May 19, 2004.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M18678

CF/

2004-08342
Mary Levakis, appellant, v Vassilios S.
Levakis, respondent.
(Index No. 12448/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, dated August 16, 2004.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M18838

CF/

2004-06750
Jeffrey Levi, plaintiff-respondent, v
Donnell L. Hill, et al., defendants-respondents;
Home Store.com, et al., nonparty-appellants.
(Index No. 6274/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated June 18, 2004.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M18799

PL/sl

2004-04845

Anthony Mackey, et al., respondents,
v Larry Weinstein, et al., appellants,
et al., defendant.
(Index No. 1207/04)

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, Rockland County, dated May 18, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 24, 2005, 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

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Appellate Division: Second Judicial Department

M18652

J/sl

2004-05771, 2004-05772, 2004-08732

Frederick J. Mancheski, respondent-appellant,
David M. Perlmutter, respondent, v Gabelli Group
Capital Partners, appellant-respondent.
(Index No. 18762/03)

ORDER ON APPLICATION

Application by the respondent and respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on appeals and a cross appeal from two orders of the Supreme Court, Westchester County, both entered May 13, 2004, and an appeal from an order of the same court dated August 25, 2004.

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

ORDERED that the respondent's time to serve and file a brief is enlarged until January 6, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant's time to serve and file an answering brief is enlarged, and the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, on or before January 6, 2005 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M18800

PL/sl

2004-06382

James Munnerlyn, et al., respondents,
v Bullock Enterprises, Inc., et al., appellants.
(Index No. 280/99)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated June 28, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 21, 2005, 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

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Appellate Division: Second Judicial Department

M18807

S/sl

2004-05107

John Nesdale, appellant, v
Frank Bannister, respondent.
(Index No. 4321/01)

ORDER ON APPLICATION

ORDERED that the order on application in the above entitled case dated November 24, 2004, is amended by deleting from the caption thereof after the name Frank Bannister, the word "appellant", and substituting therefor the word "respondent".

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M18819

E/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-02705
Norwest Bank Minnesota, etc., et al., plaintiffs,
v Linda Pittman-Hudson, etc., appellant, et al.,
defendants, Scarison Rental Properties, LLC,
respondent.
(Index No. 525/00)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated March 16, 2004, for leave to serve and file a supplemental record containing the papers submitted in connection with a motion for leave to reargue the motion that was decided by the order dated March 16, 2004, and an order of the same court, dated May 11, 2004, which decided the motion for leave to reargue.

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 supplemental record submitted to the Clerk of this court is accepted for filing; and it is further,

ORDERED that on the court's own motion, the appellant's time to serve and file a reply brief, if any, is enlarged until December 15, 2004, and the reply brief must be served and filed on or before that date.

S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M18837

CF/

2004-05933
Michael Shapiro, respondent, v Good
Samaritan Hospital, s/h/a Good Samaritan
Regional Hospital Medical Center, et al.,
appellants.
(Index No. 1504/00)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated May 3, 2004.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M18829

J/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-06001

In the Matter of Jasmine A. (Anonymous).
Administration for Children's Services,
appellant; Wilfredo A. (Anonymous), et al.,
respondents.
(Proceeding No. 1)
In the Matter of Imotar A. (Anonymous).
Administration for Children's Services,
appellant; Wilfredo A. (Anonymous), et al.,
respondents.
(Proceeding No. 2)
In the Matter of Jaffar A. (Anonymous).
Administration for Children's Services,
appellant; Wilfredo A. (Anonymous), et al.,
respondents.
(Proceeding No. 3)
In the Matter of Melissa A. (Anonymous).
Administration for Children's Services,
appellant; Wilfredo A. (Anonymous), et al.,
respondents.
(Proceeding No. 4)
(Docket No. NA-27836-02)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 22, 2004, in the above-entitled matter is amended by adding after the last paragraph thereof the words,

"and it is further,

ORDERED that the respondents' time to serve and file their respective briefs is enlarged until January 18, 2005, and the respondents' briefs must be served and filed on or before that date."

S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M18817

E/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-09716

In the Matter of Congregation Yetev Lev
D'Satmar, Inc., petitioner, v Jacob
(Jeno)(Yaakov) Khana, et al., respondents.
(Proceeding No. 1)

(Index No. 28989/01)
In the Matter of Congregation Yetev Lev
D'Satmar, Inc.
Berl Friedman, et al., appellants;
Jacob (Jeno)(Yaakov) Khana, et al.,
respondents.
(Proceeding No. 2)

(Index No. 41256/01)
Congregation Yetev Lev D'Satmar, Inc.,
et al., plaintiffs, v 26 Adar N.B. Corp., et al.,
defendants.
(Proceeding No. 3)

(Index No. 13224/90)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated October 22, 2004, inter alia, to enjoin the respondents from "transferring the temporal assets of the [subject religious corporation], conducting elections, excluding members, or otherwise changing the status quo" pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M18796

M/nal

2004-03333, 2004-03334
In the Matter of Christyn Ann D. (Anonymous).
Suffolk County Department of Social Services,
respondent; Howard D. (Anonymous), et al.,
appellants.
In the Matter of Stefanie Lynn D. (Anonymous).
Suffolk County Department of Social Services,
respondent; Charlotte D. (Anonymous), et al.,
appellants.
(Docket Nos. B-17042-02, B-17045-02)

SCHEDULING ORDER

Separate appeals by Charlotte D. and Howard D. from two orders of the Family Court, Suffolk County, dated January 23, 2004, and March 29, 2004, respectively. By decision and order of this court dated November 16, 2004, as amended November 22, 2004, the following attorney was assigned as counsel for the appellant Charlotte D. on the appeals:

Susan DeNatale, Esq.

501 William Floyd Parkway

Shirley, New York 11967

(631) 902-2001

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated November 16, 2004, has been served upon the Clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.

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Appellate Division: Second Judicial Department

M18797

M/nal

2004-03333, 2004-03334

In the Matter of Christyn Ann D. (Anonym
Suffolk County Department of Social Serv
respondent; Howard D. (Anonymous), et a
appellants.
In the Matter of Stefanie Lynn D. (Anonym
Suffolk County Department of Social Serv
respondent; Charlotte D. (Anonymous), et
appellants.
(Docket Nos. B-17042-02, B-17045-02)

SCHEDULING ORDER
ous).
ices,
l.,

ous).
ices,
al.,

David A. Morris, Esq.

93 Wheeler Road

Central Islip, New York 11722

(631) 234-8234

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18810

J/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-07477

In the Matter of Robert Funchess, appellant,
v Westchester County Department of Social
Services, respondent.
(Docket No. P-2221-89)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 24, 2004, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se on an appeal from an order of the Family Court, Westchester County, dated July 19, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew on or before December 22, 2004, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets and expenses, both real and personal, as well as any and all sources of income.

SANTUCCI, J.P., H. MILLER, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M18560

C/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-03132
In the Matter of David Gallegos, appellant,
v Administration for Children's Services, et al.,
respondents.
(Docket No. V-36564-03)

DECISION & ORDER ON MOTION

Appeal by David Gallegos from an order of the Family Court, Kings County, dated February 25, 2004. By order to show cause dated October 27, 2004, 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 13, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).

On the court's own motion, and the papers filed in support of the motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 13, 2004 (see 22 NYCRR 67.4[a][5]).

S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18563

C/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-07393, 2004-07394, 2004-07395
In the Matter of Christopher Kellermueller,
respondent, v Cynthia St. John, appellant.
In the Matter of Kiki St. John, respondent,
v Cynthia St. John, appellant.
(Docket Nos. O-1714-04, V-981-98)

DECISION & ORDER ON MOTION

Appeals by Cynthia St. John from an order of the Family Court, Rockland County, dated August 3, 2004, and two orders of the same court both dated August 4, 2004. By order to show cause dated November 4, 2004, 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 September 21, 2004, issued pursuant to 22 NYCRR 670.4(a)(5).

On the court's own motion, and the papers filed in support of the motion, it is

ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 21, 2004 (see 22 NYCRR 670.4[a][5]).

S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18818

S/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-05348
In the Matter of Nicholas E. Purpura, petitioner,
v Rachel Adams, etc., et al., respondents.
(Index No. 5769/85)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 17, 2004, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the petitioner pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person. Cross motion by the respondent Barbara Purpura to dismiss the proceeding and to impose sanctions on the petitioner.

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

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

ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]); and it is further,

ORDERED that the cross motion is held in abeyance in the interim.

The allegations of merit contained in the petitioner's affidavit in support of the motion fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).

H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18814

M/nal

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-07694

In the Matter of Madeline Ramos, appellant,
v James Andino, respondent.
(Docket No. V-3581/99)

DECISION & ORDER ON MOTION

Appeal by Madeline Ramos from an order of the Family Court, Westchester County, dated July 30, 2004. By order to show cause dated October 27, 2004, 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 16, 2004, 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,

SANTUCCI, J.P., H. MILLER, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18677

CF/

2004-05678
In the Matter of Nataliya Soloninko, appellant,
v Igor Soloninko, respondent.
(Docket No. U-18741-04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated June 25, 2004.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18842

C/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-09874

In the Matter of Paula Venezia, deceased.
Joanne Zaccaria, appellant; Edward H.
Pennington, III, respondent.
(File No. 2100/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a decree of the Surrogate's Court, Kings County, dated July 1, 2004, inter alia, to be granted preliminary letters testamentary for the estate of Paula Venezia pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18801

M/nal

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS , JJ.

2004-08156, 2004-08157
In the Matter of Teresa J. Vinson, respondent,
v Melvin Vinson, appellant.
(Docket No. F-09609-03)

DECISION & ORDER ON MOTION

Appeals by Melvin Vinson from two orders of the Family Court, Nassau County, dated May 18, 2004, and August 6, 2004, respectively. By order to show cause dated November 5, 2004, 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 proceeding for failure to comply with a scheduling order dated October 1, 2004, 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 appeals 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 appeals is enlarged until January 5, 2005.

SANTUCCI, J.P., H. MILLER, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18815

S/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2003-10875
The People, etc., respondent,
v Ronald M. Ackridge, appellant.

(Index No. 03-00573)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Westchester County, rendered October 8, 2003, for leave to reargue a motion for leave to serve and file a supplemental brief, which was determined by decision and order on motion of this court dated September 27, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18082

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-08016
The People, etc., respondent,
v Angel Tolentino Andino, appellant.

(Ind. No. 9028/02)

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, Kings County, rendered September 8, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is 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 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:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4942

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18670

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-03320
The People, etc., respondent,
v Bladimil Arroyo, appellant.

(Ind. No. 7569/01)

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 Supreme Court, Kings County, rendered March 25, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

SANTUCCI, J.P., LUCIANO, CRANE, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 1747

Clinton Corr. Fac.

Box 2001

Dannemora, New York 12929

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18090

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2002-10709, 2002-10797
The People, etc., respondent,
v Rene Beauliere, appellant.

(Ind. Nos. 4612/00, 5211/01)

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 appeals from two judgments of the Supreme Court, Kings County, both rendered November 13, 2002, 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 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

02 A 6247

Mid-State Corr. Fac.

Box 2500

Marcy, New York 13403

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18077

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-08540
The People, etc., respondent,
v Robert Boehm, appellant.

(Ind. No. 921/03)

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 Supreme Court, Queens County, rendered September 15, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5162

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18095

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-05221
The People, etc., respondent,
v Gordon Campbell, appellant.

(Ind. Nos. 3200/01)

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 Supreme Court, Queens County, rendered April 2, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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., CRANE, MASTRO, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 1532

Lyon Mountain Corr. Fac.

3864 Route 374

Lyon Mountain, New York 12952

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18599

FRED T. SANTUCCI, J.P.

ROBERT W. SCHMIDT

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-02680
The People, etc., respondent,
v Anthony Chicchetti, appellant.

(Ind. No. 7389/02)

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 Supreme Court, Kings County, rendered March 1, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 1286

Mid-State Corr. Fac.

Box 2500

Marcy, New York 13403

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18097

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-00020
The People, etc., respondent,
v Brendan Cochrane, appellant.

(Ind. No. 13808/95)

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 Supreme Court, Kings County, rendered November 26, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

RITTER, J.P., S. MILLER, GOLDSTEIN, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

97 A 1551

Otisville Corr. Fac.

Box 8

Otisville, New York 10963

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18547

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-09304
The People, etc., respondent,
v Malik Corney, appellant.

(Ind. No. 1684/03)

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 Supreme Court, Kings County, rendered September 20, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 4199

Ulster Corr. Fac.

P. O. Box 800

Napanoch, New York 12458

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18548

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-08012
The People, etc., respondent,
v Richard Cuello, appellant.

(Ind. No. 4854/03)

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 Supreme Court, Kings County, rendered September 7, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4900

Downstate Corr. Fac.

P. O. Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18671

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-05021
The People, etc., respondent,
v Manuel Espinal, appellant.

(Ind. No. 10003/03)

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 Supreme Court, Queens County, rendered December 22, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

SANTUCCI, J.P., LUCIANO, CRANE, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 R 6459

Marcy Corr. Fac.

Box 3600

Marcy, New York 13403

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18079

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-08535
The People, etc., respondent,
v Russell Francis, appellant.

(Ind. No. 5828/00)

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, Kings County, rendered September 14, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18075

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-05172
The People, etc., respondent,
v Stanley Gant, appellant.

(Ind. No. 3367/03)

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 Supreme Court, Kings County, rendered May 27, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 3219

Five Points Corr. Fac.

State Route 96 - Box 119

Romulus, New York 14541

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18546

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-07680
The People, etc., respondent,
v Tony Hickman, appellant.

(Ind. No. 1144/03)

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 Supreme Court, Kings County, rendered June 2, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5570

P. O. Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18070

FRED T. SANTUCCI, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-08532
The People, etc., respondent,
v Travis Hill, appellant.

(Ind. No. 3061/03)

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 Supreme Court, Kings County, rendered August 19, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

SANTUCCI, J.P., ADAMS, COZIER, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4682

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18085

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-08311
The People, etc., respondent,
v William Jackson, appellant.

(Ind. No. 10700/03)

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 Supreme Court, Queens County, rendered August 26, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4904

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18779

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-04568

The People, etc., respondent,
v James Jenkins, appellant.
(Ind. No. 158/97)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved
of Assignment

Motion by counsel assigned to represent the appellant before the Supreme Court, Richmond County, in connection with proceedings pursuant to Correction Law § 168-n to be relieved of an assignment to prosecute an appeal from a determination of the Supreme Court, Richmond County, dated April 23, 2004, and to assign new counsel to represent the appellant on the appeal.

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 former counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that pursuant to Correction Law article 6-C the appellant's status as a poor person continues on appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the 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 in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 the filing fee is waived (see CPLR 1103[d]); 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.

KRAUSMAN, J.P., GOLDSTEIN, LUCIANO, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18072

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-06278
The People, etc., respondent,
v John Lennon, appellant.

(Ind. No. 3706/02)

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, Kings County, rendered July 14, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 0823

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18552

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-04145
The People, etc., respondent,
v Phoristine Martin, appellant.

(Ind. No. 1088/03)

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 Supreme Court, Queens County, rendered April 19, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 G 0393

Beacon Corr. Fac.

P.O. Box 780

Beacon, New York 12508

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18076

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-06471
The People, etc., respondent,
v Wayne Mathews, a/k/a Wayne Matthews,
appellant.
(Ind. No. 5422/02)

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, Kings County, rendered July 7, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 3914

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18093

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-08027
The People, etc., respondent,
v Keith McDay, appellant.

(Ind. No. 148/03)

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 Supreme Court, Kings County, rendered August 12, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

KRAUSMAN, J.P., GOLDSTEIN, LUCIANO, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4724

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18673

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-09007
The People, etc., respondent,
v Eric Mitchell, appellant.
(Ind. No. 6039/02)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered September 24, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on January 9, 2004 , and the following named attorney was assigned as counsel to prosecute the appeal:

Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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 former 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 as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 if 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,

RITTER, J.P., SMITH, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 5239

Clinton Corr. Fac.

P.O. Box 2001

Dannemora, New York 12929

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18086

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-08030
The People, etc., respondent,
v Victor Nicia, appellant.

(Ind. No. 6939/03)

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 Supreme Court, Kings County, rendered August 5, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4451

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18545

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-01272
The People, etc., respondent,
v Mahamoud Qanawi, appellant.

(Ind. No. 1112/02)

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, Kings County, rendered January 30, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 0857

Livingston Corr. Fac.

Box 1991 - Rte. 36 - Sonyea Road

Sonyea, New York 14556

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18069

FRED T. SANTUCCI, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-08536
The People, etc., respondent,
v Karlos Ramos, appellant.

(Ind. No. 1645/03)

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 Supreme Court, Kings County, rendered September 8, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

SANTUCCI, J.P., ADAMS, COZIER, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4940

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18088

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-08037
The People, etc., respondent,
v Lamont Reese, appellant.

(Ind. No. 376/03)

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 Supreme Court, Kings County, rendered July 22, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4362

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18598

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-04516
The People, etc., respondent,
v Carlos Ruiz, appellant.

(Ind. No. 10120/03)

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 Supreme Court, Queens County, rendered April 14, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

S. MILLER, J.P., KRAUSMAN, MASTRO, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 2289

Greene Corr. Fac.

Box 975

Coxsackie, New York 12051

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18720

NANCY E. SMITH, J.

2004-08365
The People, etc., plaintiff,
v Frank Sacco, defendant.
(Ind. No. 89-00545)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Orange County, dated September 10, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

NANCY E. SMITH

Associate Justice

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18550

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-09210
The People, etc., respondent,
v Rahman Soto, appellant.

(Ind. No. 1370/03)

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 Supreme Court, Queens County, rendered October 14, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5713

Downstate Corr. Fac.

P.O. Box 445

Fishkill, New York 12524-0445

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18078

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-08537
The People, etc., respondent,
v Tyrone Taliaferro, appellant.

(Ind. No. 10467/03)

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 Supreme Court, Queens County, rendered September 9, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 3843

Ulster Corr. Fac.

Box 800

Napanoch, New York 12458

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18596

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-04510
The People, etc., respondent,
v Angel Terrero, appellant.

(Ind. No. 1083/03)

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 Supreme Court, Queens County, rendered April 16, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

RITTER, J.P., SMITH, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 2323

Greene Corr. Fac.

Box 975

Coxsackie, New York 12051

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18084

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-04541
The People, etc., respondent,
v Irving Turner, appellant.

(Ind. No. 2886/03)

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 Supreme Court, Kings County, rendered May 18, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 3094

Altona Corr. Fac.

555 Devils Den Road

Altona, New York 12910

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18074

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-07625
The People, etc., respondent,
v Jeetranauth Umadat, appellant.

(Ind. No. 960/02)

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, Queens County, rendered August 4, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 3480

Ulster Corr. Fac.

Box 800

Napanoch, New York 12458

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18674

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2003-06945, 2004-08661

The People, etc., respondent,
v Nazeer Vickers, appellant.
(Ind. Nos. 4015/02, 1078/03)

DECISION & ORDER ON MOTION
Motion for Leave to Serve
Late Notice of Appeal, for Poor
Person Relief & to Assign Counsel
Appeal from Judgment

Motion by the appellant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered September 26, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel, and to consolidate this appeal with an appeal from a judgment of the Supreme Court, Kings County, rendered July 2, 2003, (Appellate Division Case No. 2003-06945).

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

ORDERED that the branches of the motion which are for leave to file late notice of appeal, for poor person relief, and assignment of counsel is granted; and it is further,

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

ORDERED that the branch of the motion which is to consolidate this appeal with the appeal from the judgment, rendered July 2, 2003, (Appellate Division Case No. 2003-06945) is granted to the extent that the appeals shall be heard together, and shall be argued or submitted on the ssame day, and that branch of the motion is otherwise denied; 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 respondents' briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and is further,

ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the consolidated 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.

H. MILLER, GOLDSTEIN, CRANE, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 3960

Marcy Corr. Fac.

P.O. Box 3600

Marcy, New York 13403

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18551

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-08970
The People, etc., respondent,
v Charles Walker, appellant.

(Ind. No. 2844/03)

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 Supreme Court, Queens County, rendered October 4, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 3899

Downstate Corr. Fac.

P.O. Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18083

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-07119
The People, etc., respondent,
v James Walker, appellant.

(Ind. No. 9948/00)

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, Kings County, rendered August 3, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 3477

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18724

HOWARD MILLER, J.

2004-09631
The People, etc., plaintiff,
v Jamel Witherspoon, defendant.
(Ind. No. 10258/99)

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 October 25, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

HOWARD MILLER

Associate Justice

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M18549

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-09209
The People, etc., respondent,
v Jason Wynter, appellant.

(Ind. No. 138/03)

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 Supreme Court, Queens County, rendered October 13, 2004, as a poor person, and for the assignment of counsel.

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

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

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043