Appellate Division: Second Judicial Department
M19303
CF/
|
2004-08863 Jorge B. Astudillo, respondent, v Ming Zheng Yao, appellant. (Index No. 22750/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 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ORDERED that the application is granted and the appeal is marked withdrawn.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
Appellate Division: Second Judicial Department
M19300
CF/
|
2004-03874 Michael W. Bree, appellant, v Quality Burner Service, Inc., et al., respondents. (Index No. 7919/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 4, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19288
O/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
ROBERT A. SPOLZINO, JJ.
|
2003-09656 Benny Cohen, respondent, v Joseph L. Paul, et al., defendants, Allstate Insurance Company, appellant. (Index No. 34448/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated September 15, 2003, which was determined by decision and order of this court dated October 12, 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, with $100 costs.
PRUDENTI, P.J., KRAUSMAN, ADAMS and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19284
E/sl
SONDRA MILLER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-07343 Dionel Corona, etc., et al., respondents, v MRS Realty, LLC, et al., appellants.
(Index No. 27152/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated July 19, 2004, to stay the trial in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19282
CF/
|
2004-06600 Cryptometrics, Inc., plaintiff-respondent, v Michael Espina, defendant-appellant, Robert Barra, et al., defendants-respondents. (Index No. 328/04)
| 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 June 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19289
CF/
|
2004-07004 Lidovina Guzman, appellant, v Juana M. Ramos-Ferman, et al., respondents. (Index No. 3916/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated 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
Appellate Division: Second Judicial Department
M19298
CF/
|
2004-06475 Paschelle Holder, et al., respondents, v Betty J. Brown, et al., appellants. (Index No. 21349/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants Gurad Cab Corporation and Marcelo Perez to withdraw an appeal from an order of the Supreme Court, Queens 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 by Gurad Cab Corporation and Marcelo Perez is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19296
S/sl
|
2004-08725
Mel Hollander, et al., appellants, v Harry Lipman, respondent. (Index No. 17860/00)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated September 8, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 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
M19312
R/sl
SONDRA MILLER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-08776 Joan C. Jangarathis, appellant, v James C. Jangarathis, etc., et al., respondents.
(Index No. 26046/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Queens County, dated August 6, 2004.
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 appeal will be calendared when it is fully perfected.
S. MILLER, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19301
CF/
|
2004-03245 David Kugelmas, appellant, v Shari Kugelmas, respondent. (Index No. 203233/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 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
Appellate Division: Second Judicial Department
M19291
CF/
|
2004-08591 Jeanine Lanza, appellant, v County of Nassau, et al., respondents. (Index No. 10602/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated September 9, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19302
CF/
|
2004-04839 Mega Contracting, Inc., plaintiff-respondent, v Insurance Corporation of New York, et al., defendants-respondents, State National Insurance Company, appellant (and a third-party action). (Index No. 12512/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 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
Appellate Division: Second Judicial Department
M19294
S/sl
|
2004-05235
Midlantic Commercial Leasing Corp., respondent,v Isaac Levin, appellant. (Index No. 4034/88)
| 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 May 24, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 7, 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
M19299
O/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-10670 Dawn Marie Monaco, respondent, v Idex Corporation, d/b/a Knight Idex, defendant, Amerikem Laboratories, Ltd., appellant (and a third-party action). (Index No. 13666/99)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from an order of the Supreme Court, Richmond County, dated October 19, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19264
R/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2003-11362, 2004-02242 James Mulhern, et al., plaintiffs, v Manhasset Bay Yacht Club, defendant third-party plaintiff-respondent; Costello Marine Contracting Corp., third-party defendant- appellant. (Index No. 6236/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to serve and file a second supplemental brief and second supplemental appendix raising issues relating to (1) apportionment of liability for the implied indemnity action brought by the defendant third-party plaintiff-respondent and (2) federal preemption, on appeals from an order of the Supreme Court, Queens County, dated September 10, 2003, and a judgment of the same court dated February 9, 2004, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19292
CF/
|
2004-08255 Harry Mynes, appellant, v Village of Irvington, respondent. (Index No. 9741/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated August 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
Appellate Division: Second Judicial Department
M19285
S/sl
|
2004-02715
Steven Nowaski, appellant, v City of New York et al., respondents, Citibank, N.A., defendant third-party plaintiff- respondent; Golden Mark Maintenance, Inc., third-party defendant-respondent. (Index No. 3331/01)
| 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 to the brief filed by the respondent Golden Mark Maintenance, Inc., on an appeal from a judgment of the Supreme Court, Queens County, entered March 15, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 17, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19293
CF/
|
2004-09268 Thomas Pensabene, respondent, v Orest, Inc., et al., appellants. (Index No. 34843/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 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
Appellate Division: Second Judicial Department
M19297
CF/
|
2004-06966 Liaqat A. Qureshi, respondent, v Keter Quality Judaica, Inc., et al., appellants. (Index No. 10346/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 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
Appellate Division: Second Judicial Department
M19290
O/sl
SONDRA MILLER, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. SPOLZINO, JJ.
|
2002-10423 Diane Sanna, plaintiff-respondent, v Rim, Inc., et al., defendants, Jardin, Ltd., etc., et al., defendants-respondents, U.S. Lock Corporation, et al., appellants. (Appeal No. 1) 2004-00448 Diane Sanna, respondent, v Rim, Inc., et al., defendants, U.S. Lock Corporation, et al., appellants. (Appeal No. 2) (Index No. 26941/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue appeals from two orders of the Supreme Court, Suffolk County, dated October 7, 2002, and December 8, 2003, which were determined by decisions and orders of this court, both dated June 28, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decisions and orders of this court.
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 $100 costs.
S. MILLER, J.P., SCHMIDT, RIVERA and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19287
CF/
|
2004-05641 Pamela Scotto, respondent, v John Scotto, appellant. (Index No. 200991/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19257
A/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-02450 T & G Associates, LLC, respondent, v Roger Leonaggeo, et al., appellants.
(Index No. 5131/02)
| DECISION & ORDER ON MOTION |
Motion by Daniels and Porco, LLP, the attorney for the appellants, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Dutchess County, dated March 5, 2004.
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 Daniels and Porco, LLP, is relieved from representing the appellants with respect to the instant appeal; and it is further,
ORDERED that on or before December 23, 2004, Daniels and Porco, LLP, is directed to serve its clients 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 appellants, without leave of the court, until the expiration of 30 days after service upon them of a copy of this decision and order; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until April 22, 2005.
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19280
O/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-11273 Jomo Williams, appellant, v State of New York, respondent. (Claim No. 100879)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Court of Claims, dated May 1, 2003, as a poor person, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to perfect the appeal in accordance with the rules of this court (see 22 NYCRR 670.8).
PRUDENTI, P.J., RITTER, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19286
E/sl
SONDRA MILLER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-03624 In the Matter of Hillary Best, appellant, v Queens County Criminal Court, respondent. Index No. 2185/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, dated March 23, 2004, for leave to prosecute the appeal as a poor person, to waive the filing fee, and to stay all proceedings in a criminal action entitled People v Hilary Best, pending in the Supreme Court, Queens County, under Indictment No. 23742/03, and cross motion to dismiss the appeal on the ground that it is without merit.
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 the cross motion is denied without prejudice to raising the issues in the respondent's brief if the appeal is perfected.
S. MILLER, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19274
A/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-02188, 2004-02193 In the Matter of Edward Halperin, et al., petitioners, v City of New Rochelle, et al., respondents. (Proceeding No. 1)
(Index No. 4197/03) In the Matter of Ann Richmond, et al., petitioners, v City of New Rochelle, Board of Appeals on Zoning, et al., respondents. (Proceeding No. 2) (Index No. 4252/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents in Proceeding No. 1, City of New Rochelle, Board of Appeals on Zoning of the City of New Rochelle, and Noel Shaw, and the respondent City of New Rochelle Board of Appeals on Zoning in Proceeding No. 2, and separate motion by the respondent Young Israel of New Rochelle, to consolidate proceedings pursuant to CPLR article 78, transferred to this court by two orders of the Supreme Court, Westchester County, both entered March 12, 2004.
Upon the papers filed in support of the motions and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motions are granted to the extent that the parties may perfect the proceedings on one record or appendix and one set of briefs; and it is further,
ORDERED that the parties shall file 10 copies of the record or appendix and their respective briefs.
RITTER, J.P., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19310
F/
SONDRA MILLER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-07858
In the Matter of Kenneth Herdigein, appellant, v Bernadette Uneberg, respondent. (Docket No. V-04401-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated July 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 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 m intues 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 Darvis Borzouye, Esq.
300 Motor Parkway - Suite 120
Hauppauge, New York 11788
(631) 273-4400
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
S. MILLER, J.P., SCHMIDT, ADAMS, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19295
CF/
|
2004-07759 In the Matter of Edward Mydosh, respondent, v Debra Hansen, appellant. (Docket No. F-1628-04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Orange County, dated August 4, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19279
A/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2004-07638 In the Matter of Vincent Oreste, appellant, v Florence Oreste, a/k/a Florence Silverstein, respondent. (Docket No. F-597/02)
| DECISION & ORDER ON MOTION |
Appeal by Vincent Oreste from an order of the Family Court, Westchester County, dated June 28, 2004. By order to show cause dated October 29, 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 21, 2004, 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 to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 21, 2004 (see 22 NYCRR 670.4[a][5]).
RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19176
J/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-09974, 2004-07473 In the Matter of Jeffrey Pollock, respondent, v Janice Vega, appellant. (Docket Nos. V-2972/99, V-1111/99)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 19, 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, inter alia, in effect, to recall and vacate a decision and order on motion of this court dated April 1, 2004, dismissing an appeal from an order of the Family Court, Queens County, dated October 24, 2003, for failure to comply with a scheduling order dated January 5, 2004, to reinstate that appeal, to enlarge the time to perfect that appeal, to consolidate that appeal with an appeal from an order of the same court dated August 19, 2004, and, in effect, to enlarge the time to comply with a scheduling order of this court dated September 16, 2004.
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, in effect, to enlarge the time to comply with a scheduling order of this court dated September 16, 2004, is granted, and the appellant's time to comply with the scheduling order is enlarged until January 14, 2005; and it is further,
ORDERED that the motion is otherwise denied.
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19244
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-08309 The People, etc., respondent, v Michael Acevedo, appellant. (Ind. No. 2895/02)
| DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes |
Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Queens County, rendered September 13, 2004, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
Irving G. Klein
Hein, Waters & Klein, Esq.
123 Grove Avenue
Cedarhurst, New York 11516
Appellate Division: Second Judicial Department
M19236
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-09913 The People, etc., plaintiff, v William Anthony, defendant. (Ind. No. 2149/04)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered May 4, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19309
F/
SONDRA MILLER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-09629
The People, etc., plaintiff, v Harry Blasich, defendant. (Ind. No. 2924/03)
| 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 defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Nassau County, rendered September 21, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., SCHMIDT, ADAMS, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 5288
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M19190
Y/sl
FRED T. SANTUCCI, J.P.
MYRIAM J. ALTMAN
ANITA R. FLORIO
HOWARD MILLER
BARRY A. COZIER, JJ.
|
2000-03320 The People, etc., respondent, v Oba Johnson, appellant. (Ind. No. 60/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to withdraw the supplemental brief previously filed on an appeal from a judgment of the County Court, Dutchess County, rendered April 3, 2000, and for leave to serve and file a new supplemental brief.
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 on or before February 17, 2005, the appellant shall file nine copies of the new supplemental brief and serve one copy on the District Attorney.
SANTUCCI, J.P., ALTMAN, FLORIO, H. MILLER and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19222
R/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-05000 The People, etc., respondent, v Sylvan Martin, defendant. (Ind. No. 397/02)
| DECISION & ORDER ON MOTION |
Motion by the defendant to resettle this court's decision and order on motion dated September 13, 2004.
Upon the papers filed in support of the application and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., FLORIO, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19281
A/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-10723 The People, etc., respondent, DECISION & ORDER v Alexis Menna, appellant.
(Ind. No. 9064/02)
| 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 Supreme Court, Kings County, rendered September 19, 2003, and for assignment of new 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 without prejudice to seeking leave to serve and file a supplemental pro se brief after the appeal is perfected.
FLORIO, J.P., KRAUSMAN, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03-A-5179
Great Meadow Correctional Facility
Box 51
Comstock, New York 12821
Appellate Division: Second Judicial Department
M19239
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-06109 The People, etc., respondent, v Anthony Mercer, appellant. (Ind. No. 3933/02)
| 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 Supreme Court, Kings County, rendered June 16, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19241
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-09286 The People, etc., respondent, v Bruce Monroe, appellant. (Ind. No. 1967/02)
| 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 Supreme Court, Nassau County, rendered October 14, 2003, 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 opposition and 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 adv ise the appellant of the date by which the minutes are to be returned and the brief filed.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 A 5862
Upstate Corr. Fac.
Box 2001
Malone, New York 12953
Appellate Division: Second Judicial Department
M19308
F/
SONDRA MILLER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-09594
The People, etc., plaintiff, v Michael Warren, defendant. (Ind. No. 03-00928)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Westchester County, rendered September 15, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., SCHMIDT, ADAMS, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 5038
Coxsackie Corr. Fac.
Box 999
Coxsackie, New York 12051
Appellate Division: Second Judicial Department
M19245
R/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2000-03315 The People, etc., respondent, v Darrell Watson, appellant. (Ind. No. 7183/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered March 13, 2000.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until December 28, 2004, and the respondent's brief must be served and filed on or before that date.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19255
R/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-03228 The People, etc., respondent, v Eric Williams, appellant. (Ind. No. 1289/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the Supreme Court, Suffolk County, rendered March 20, 2003, to substitute Bruce A. Barket, Esq, as retained counsel, and to continue his status as a poor person. The appellant's motion to dispense with printing and for assignment of counsel was granted on September 19, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co., - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
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 relieve assigned counsel and substitute Bruce A. Barket, Esq., as retained counsel, is granted; and it is further,
ORDERED that assigned counsel is directed to turn over all papers in the action, including transcripts of hearings and the trial, to the Clerk of this court; and it is further,
ORDERED that the branch of the motion which is to continue the appellant's status as a poor person is denied.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court