12-30-2004_MOTION

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

TITLE	Case Number
Ahmed v Pinherio	2004-09394
Aiello v Aiello	2004-10545
Alston v SunHarbor Manor, LLC	2004-06727
Atkins Nutritionals, Inc. v Lexington Insuran	2004-04569
Brill, d/b/a Manitou Realty v Koff	2004-06638
Cummings v Lexington Insurance Company	2004-06764
Finegan v Clear Channel Communications Corp.	2004-05866 +1
Four Seasons General Contracting Corp. v Pass	2004-05601
Gagliardotto v Huntington Hospital	2004-05599
Gil v Gil	2004-06820 +1
Holzmuller v Spring Valley Housing Developmen	2004-08802
Jones v Aimee Lynn Accessories	2004-04723
Kelly v Schwend	2004-02006 +1
Laurora v Volpe	2004-07131
Lynn v Khorsandi	2004-08994
McNamara v Dav-El Services, Inc.	2004-04062
Mohrmann v Lynch-Mohrmann	2004-04742
Moran v Zhong Xing Wang	2004-05996
Porter v Milhorat	2004-03823
Quantum Corporate Funding, Ltd. v GJF Constru	2004-08736 +1
Schwartzberg v Kingsbridge Heights Care Cente	2004-11149
Wallis v Rossi	2003-09052
Weiss v Freestar Technologies, Inc.	2004-05500
Wolf v Wolf	2004-05769
Mtr of Bellony v Chambers	2004-10098
Mtr of Cohen v Lotto	2004-10350
Mtr of D. (Anonymous), Assane; Presentment Ag	2004-06094
Mtr of Greenstein v Greenstein	2004-10395 +2
Mtr of Halperin v City of New Rochelle Board	2004-02188 +1
Mtr of J. (Anonymous), Portia; Administration for	2004-09759
Mtr of J. (Anonymous), Rayquan Anthony; J., "	2004-08923
Mtr of Niksus Realty, LLC v Assessor of the To	2004-04359 +1
Mtr of Palmieri v New York State Department o	2004-05943
Mtr of Red Hook/Gowanus Chamber of Commerce v	2004-07307
Mtr of S. (Anonymous), Ini; S. (Anonymous, Ic	2004-10067
Mtr of Samuel v New York State Office of Temp	2004-04936
Mtr of Simonsen v Zoning Board of Appeals of To	2003-05335 +1
Mtr of Sinrod; Morse Hill Associates, LLC.	2004-08106
Mtr of Smyles v State of New York	2004-06059
Peo v Ackridge, Ronald	2003-03926 +1
Peo v Biblioni, Carlos, a/k/a Bibiloni, Carlos	2003-06594
Peo v Brown, David	2002-10509
Peo v Brown, Jesse Joe	2004-09870
Peo v Everett, Robert	2004-09902
Peo v Jamison, Willie	2004-06363
Peo v Johnson, Darrell	2002-00664
Peo v Matute, Fernando	2004-08100
Peo v McLennon, Kenneth	2004-02370
Peo v McWilliams, Hasaan	2004-09786
Peo v Nunez, Claudio	2004-08427
Peo v Panawoty, Ricky	2001-06695
Peo v Rodriguez, Hector	2002-03558
Peo v Warren, James	2003-02104

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Appellate Division: Second Judicial Department

M19924

CF/

2004-09394
Riaz Ahmed, respondent, v
Holly Pinherio, et al., appellants.
(Index No. 27115/00)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 24, 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

M19925

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GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-10545
Carol Ann Aiello, respondent-appellant,
v Thomas Michael Aiello, appellant-respondent.

(Index No. 24269/02)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay all proceedings in the above-entitled action pending hearing and determination of an appeal and cross appeal from a decision of the Supreme Court, Kings County, dated November 4, 2004.

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

ORDERED that on the court's own motion, the appeal and cross appeal are dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion is denied as academic.

KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M19930

CF/

2004-06727
Doris Alston, et al., respondents, v
SunHarbor Manor, LLC, et al., appellants.
(Index No. 752/03)

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 June 29, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M19883

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2004-04569

Atkins Nutritionals, Inc., respondent,
v Lexington Insurance Company, et al.,
defendants, Evanston Insurance Company,
et al., appellants.
(Index No. 17177/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated May 11, 2004.

ORDERED that the application is granted and the appellants' time to perfect their respective appeals is enlarged until March 4, 2005, and the joint record or joint appendix on the appeals and the appellants' respective briefs 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

M19854

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2004-06638
Ralph Brill, d/b/a Manitou Realty, appellant,
v Gail Koff, etc., et al., respondents,
Omer Shorshi, etc., defendant.
(Index No. 885/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Putnam County, dated July 12, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 29, 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

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Appellate Division: Second Judicial Department

M19928

CF/

2004-06764
William G. Cummings, appellant, v Lexington
Insurance Company, et al., respondents.
(Index No. 5652/03)

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 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

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Appellate Division: Second Judicial Department

M19890

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2004-05866, 2004-08635
Ryan Finegan, respondent-appellant, Amir
Darvish, plaintiff-respondent, v Clear Channel
Communications Corp., appellant-respondent,
Gary R. Stein, et al., defendants-respondents.
(Index No. 6447/01)

ORDER ON APPLICATION

Application by the respondent-appellant and the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated May 25, 2004, and an appeal from an order of the same court dated August 30, 2004.

ORDERED that the application is granted and the movants' time to serve and file a brief, including the respondent-appellant's arguments on the cross appeal (see 22 NYCRR 670.8[c]), is enlarged until March 1, 2005, and the movants' 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

M19878

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2004-05601

Four Seasons General Contracting Corp.,
plaintiff-respondent, v Guiseppe Passanante,
defendant-respondent, Frank Asaro, appellant.
(Index No. 21254/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered May 13, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 24, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M19885

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2004-05599

Desiree Gagliardotto, etc., et al., appellants,
v Huntington Hospital, et al., defendants,
Donna M. Schneider, etc., respondent.
(Index No. 12017/00)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered May 27, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 28, 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

M19933

CF/

2004-06820, 2004-06821
Heideh Gil, appellant,
v Antonio Gil, respondent.
(Index No. 13319/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw appeals from two orders of the Supreme Court, Suffolk County, both 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 appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M19941

CF/

2004-08802
Lawrence Holzmuller, respondent,
v Spring Valley Housing Development
Fund Corporation, et al., appellants.
(Index No. 5287/02)

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 August 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

M19793

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HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-04723
Monicka C. Jones, appellant, v
Aimee Lynn Accessories, et al., respondents.
(Index No. 18186/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 22, 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 it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until March 1, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19783

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2004-02006, 2004-05201

Martin Kelly, appellant,
v Gregory Schwend, et al., respondents.

(Index No. 6224/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Rockland County, dated January 29, 2004, and April 28, 2004, respectively.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 3, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M19927

CF/

2004-07131
Guy Laurora, et al., respondents,
v Gregor Volpe, appellant.
(Index No. 2964/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated July 2, 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

M19931

CF/

2004-08994
Craig Lynn, respondent,
v Albert Khorsandi, appellant.
(Index No. 19358/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated October 5, 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

M19834

S/sl

2004-04062

Glenn McNamara, et al., appellants,
v Dav-El Services, Inc., et al., respondents.
(Index No. 15245/03)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 4, 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

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Appellate Division: Second Judicial Department

M19895

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2004-04742

Timothy B. Mohrmann, respondent,
v Diane M. Lynch-Mohrmann, appellant.
(Index No. 22638/96)

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, Suffolk County, dated March 31, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 20, 2005, and the record or appendix on the appeal and the appellant's brief must be filed on or before that date; and it is further,

ORDERED that the respondent shall serve and file his brief on or before February 22, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M19939

CF/

2004-05996
Juan Moran, appellant, v Zhong Xing
Wang, et al., respondents.
(Index No. 6624/02)

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 June 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

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Appellate Division: Second Judicial Department

M19888

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2004-03823

Russell Porter, et al., appellants,
v Thomas H. Milhorat, etc., et al., respondents.
(Index No. 28681/99)

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, Kings County, dated February 26, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 25, 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

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

Appellate Division: Second Judicial Department

M19934

CF/

2004-08736, 2004-08738
Quantum Corporate Funding, Ltd., respondent,
v GJF Construction Corp., d/b/a Builders
Group, et al., appellants.
(Index No. 6672/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw appeals from an order of the Supreme Court, Westchester County, dated September 2, 2004, and a judgment of the same court 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 appeals are 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

M19936

C/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-11149
Albert Schwartzberg, et al., respondents,
v Kingsbridge Heights Care Center, Inc.,
et al., appellants.
(Index No. 00-17647)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial on the issue of counsel fees pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated October 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 trial on the issue of counsel fees is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 31, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 31, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

KRAUSMAN, J.P., MASTRO, SKELOS 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

M19940

CF/

2003-09052
James S. Wallis, respondent,
v Fred Rossi, appellant.
(Index No. 13401/02)

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 September 17, 2003.

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

M19836

S/sl

2004-05500

Jeno Weiss, a/k/a Jay Weiss, appellant,
v Freestar Technologies, Inc., etc., respondent.
(Index No. 46766/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated May 18, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 28, 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

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Appellate Division: Second Judicial Department

M19911

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2004-05769

Elizabeth Wolf, respondent,
v Peter D. Wolf, appellant.
(Index No. 13099/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated June 3, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 2, 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

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

Appellate Division: Second Judicial Department

M19917

Y/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-10098
In the Matter of Rodney Bellony, petitioner,
v Cheryl Chambers, et al., respondents.

DECISION & ORDER ON MOTION

Motion by the New York State Association of Criminal Defense Lawyers and the National Association of Criminal Defense Lawyers and separate motion by the National Federation of Paralegal Associations, Inc., for leave to file amicus curiae briefs in this proceeding pursuant to CPLR article 78.

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; and it is further,

ORDERED that the amicus briefs submitted with the motion papers are accepted for filing; and it is further,

ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,

ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief on or before January 10, 2005.

KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M19923

R/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-10350
In the Matter of Milton Cohen, petitioner,
v Steven A. Lotto, etc., et al., respondents.

(Index No. 19828/04)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated October 25, 2004.

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

ORDERED that the motion is denied as unnecessary as the order is appealable as of right (see Matter of Pelaez v Waterfront Comm. of N.Y. Harbor, 48 NY2d 1021).

KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M19902

FRED T. SANTUCCI, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-06094

In the Matter of Assane D. (Anonymous),
appellant.
(Docket No. D-07200-03)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated June 18, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the Law Guardian, Steven Banks, The Legal Aid Society, Juvenile Rights Division, 199 Water Street, New York, New York 10038, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

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

Michael A. Fiechter, Esq.

26 Court Street

Brooklyn, New York 11201

(718) 902-4492

and it is further,

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

SANTUCCI, J.P., CRANE, SKELOS, 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

M19919

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GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-10395, 2004-10396, 2004-10397
In the Matter of Leta Greenstein, respondent,
v Jerry Greenstein, appellant.
(Docket No. F-1931-03)

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

Motion by Sanford Cohen, Esq., counsel assigned to represent the appellant in a proceeding before the Family Court, Rockland County, to be relieved, for the assignment of new counsel to prosecute appeals from three orders of the Family Court, Rockland County, dated May 3, 2004, July 24, 2004, and October 21, 2004, respectively, and to grant the appellant leave to prosecute the appeals as a poor person.

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

ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before January 18, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before February 8, 2005, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

KRAUSMAN, J.P., MASTRO, SKELOS 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

M19900

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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, Board
of Appeals on Zoning, 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

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 13, 2004, in the above-entitled matters is recalled and vacated, and the following decision and order on motion is substituted therefor:

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, for leave to, in effect, file one brief on two 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; and it is further,

ORDERED that the brief submitted by the respondent Young Israel of New Rochelle in the proceeding entitled Matter of Richmond v City of New Rochelle, Board of Appeals on Zoning, pending under Appellate Division Docket No. 2004-2188, is also deemed to be the brief in the proceeding entitled Matter of Halperin v City of New Rochelle, Board of Appeals on Zoning, pending under Appellate Division Docket No. 2004-02193; and it is further,

ORDERED that the time of the respondent City of New Rochelle Board of Appeals on Zoning to serve and file its brief on both proceedings is enlarged until January 7, 2005, and that respondent shall file 10 copies of said brief; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the petitioners' reply brief(s), if any, shall be served and filed on or before February 7, 2005.

RITTER, J.P., H. MILLER, 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

M19887

A/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-09759
In the Matter of Portia J. (Anonymous).
Administration for Children's Services,
et al., petitioners; Conchita J. (Anonymous),
respondent.

(Docket No. B-14841/02)

DECISION & ORDER ON MOTION

Motion by Conchita J., inter alia, for leave to appeal to this court from an order of the Family Court, Queens County, dated September 7, 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 denied.

FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, 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

M19891

A/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-08923
In the Matter of Rayquan Anthony J. (Anonymous).
Lakeside Family and Children's Services, Inc.,
respondent; Roberta J. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of "Male" J. (Anonymous).
Lakeside Family and Children's Services, Inc.,
respondent; Roberta J. (Anonymous), appellant.
(Proceeding No. 2)
(Docket Nos. B-10925/03, B-10926/03)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, in effect, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated October 1, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.

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

ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before January 12, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which are for assignment of new counsel to represent the appellant on the appeals and leave to prosecute the appeals as a poor person are denied with leave to the appellant to renew, on or before February 2, 2005, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeals.

SCHMIDT, J.P., CRANE, COZIER and SPOLZINO, 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

M19908

S/sl

2004-04359, 2004-04361

In the Matter of Niksus Realty, LLC, appellant,
v Assessor of Town of Greenburgh, et al.,
respondents.

(Index No. 15273/01)

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 on appeals from two orders of the Supreme Court, Westchester County, dated October 7, 2003, and February 11, 2004, respectively.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 3, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M19794

S/sl

2004-05943

In the Matter of Palmieri, appellant, v
New York State Department of Environmental
Conservation, et al., respondents.
(Index No. 3925/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated July 25, 2003.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M19892

R/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-07307
In the Matter of Red Hook/Gowanus Chamber
of Commerce, respondent, v New York City
Board of Standards and Appeals, et al., appellants.

(Index No. 2308/04)

DECISION & ORDER ON MOTION

Motion by the appellant 160 Imlay Street Real Estate, LLC, for a preference in the calendaring of appeals from an order of the Supreme Court, Kings County, dated July 30, 2004, and application by the respondent to enlarge the time to serve and file a brief.

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 appeal will be calendared when it is fully perfected; and it is further,

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 25, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

SCHMIDT, J.P., CRANE, COZIER and SPOLZINO, 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

M19903

S/sl

2004-10067

In the Matter of Ini S. (Anonymous).
Administration for Children's Services,
petitioner-respondent; Silva S. et al.,
respondents; Steven Banks, etc. nonparty-appellant.
(Proceeding No. 1)
(Docket No. N-16271/01)
In the Matter of Ice S. (Anonymous).
Administration for Children's Services,
petitioner-respondent; Silva S. et al.,
respondents; Steven Banks, etc. nonparty-appellant.
(Proceeding No. 2)
(Docket No. N 11564/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 17, 2004, in the above-entitled matters is amended by deleting the caption thereof and substituting therefor the following caption:

2004-10067

In the Matter of Ini S. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Silva S. et al.,

respondents; Steven Banks, etc. nonparty-appellant.

(Proceeding No. 1)

(Docket No. N-16271/01)

In the Matter of Ice S. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Silva S. et al.,

respondents; Steven Banks, etc. nonparty-appellant.

(Proceeding No. 2)

(Docket No. N 11564/02)

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M19808

A/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2004-04936
In the Matter of Nathan Samuel, appellant,
v New York State Office of Temporary &
Disability Assistance, et al., respondents.

(Index No. 3737/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated May 4, 2004, as a poor person, to proceed on the original papers, for a free transcript, to waive the filing fee, and to enlarge the time to perfect the appeal.

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

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person, to proceed on the original papers, for a free transcript, and to waive the filing fee are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge time is granted, the appellant's time to perfect the appeal is enlarged until March 3, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

FLORIO, J.P., ADAMS, COZIER and MASTRO, 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

M19894

J/sl

2003-05335

In the Matter of Dorothea Simonsen, appellant,
v Zoning Board of Appeals of Town of Huntington,
et al., respondents.
(Matter No. 1)
(Index No. 11880/97)
2004-02148
Catherine Nettesheim, et al., respondents-appellants,
v Dorothea J. Simonsen, appellant-respondent, et al.,
defendant.
(Matter No. 2)
(Index No. 12525/03)

ORDER ON APPLICATION

Application by Dorothea Simonsen pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated May 9, 2003, entered in Matter No. 1, and an appeal and cross appeal from a judgment of the same court, entered February 2, 2004, in Matter No. 2.

ORDERED that the application is granted and the reply brief shall be filed on or before January 5, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M19926

CF/

2004-08106
In the Matter of Richard T. Sinrod, appellant;
Morse Hill Associates, LLC, respondent.
(Index No. 1621/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated August 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

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

Appellate Division: Second Judicial Department

M19796

S/sl

2004-06059

In the Matter of Arthur Smyles, et al., appellants,
v State of New York, et al., respondents.
(Index No. 4805/04)

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, Nassau County, dated June 30, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 14, 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

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

Appellate Division: Second Judicial Department

M19821

A/sl

SONDRA MILLER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-03926, 2004-06370
The People, etc., respondent,
v Ronald Ackridge, appellant.
(Ind. No. 02-06168)

DECISION & ORDER ON MOTION
Motion for Leave to File A Supplemental
Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on appeals from a judgment of the County Court, Westchester County, rendered April 17, 2003, and from an order of the same court dated May 27, 2004.

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

ORDERED that on the court's own motion, on or before April 27, 2005, assigned counsel shall serve and file a supplemental brief raising issues relating to the appeal from the order dated May 27, 2004 (Appellate Division Docket Number 2004-06370); and it is further,

ORDERED that the respondent shall serve and file its brief in response to the supplemental brief on or before May 27, 2005; and it is further,

ORDERED that the motion is denied, without prejudice to renewal after assigned counsel files the supplemental brief.

S. MILLER, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03-A-5497

Riverview Correctional Facility

Box 158

Ogdensburg, NY 13669

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

Appellate Division: Second Judicial Department

M19835

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-06594

The People, etc., respondent,
v Carlos Biblioni a/k/a Carlos Bibiloni, appellant.
(Ind. No. 02-01004)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered June 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 the motion is granted; and it is further,

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

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

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

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

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

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

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

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

Philip C. Schnabel, Esq.

33 Schnabel Lane

Chester, New York 10918

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:

92 A 9426

Wyoming Corr. Fac.

Box 501

Attica, New York 14011

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

Appellate Division: Second Judicial Department

M19820

C/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2002-10509
The People, etc., respondent,
v David Brown, appellant.
(Ind. No. 8807/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered November 7, 2002, in effect, to relieve The Furman Law Firm as his attorney, 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 and in relation thereto, it is

ORDERED that the branch of the motion which is to relieve The Furman Law Firm is denied as unnecessary (see CPLR 321[c]); and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person and for the assignment of counsel is granted; and it is further,

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

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

Lynn W. L. Fahey

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., H. MILLER, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

02-A-6180

Auburn Corr. Fac.

135 State Street

Auburn, New York 13024

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

Appellate Division: Second Judicial Department

M19848

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-09870

The People, etc., respondent,
v Jesse Joe Brown, appellant.
(Ind. No. 04-00151)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Rockland County, rendered October 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 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:

James Licata

Office of the Public Defender

11 New Hemstead Road

New City, New York 10956-3664

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 5747

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

M19844

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-09902

The People, etc., respondent,
v Robert Everett, appellant.
(Ind. No. 04-00736)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered November 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 opposition thereto, it is

ORDERED 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:

Bruce Townsend, Esq.

26 Albany Avenue

Walden, New York 12586

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.

SCHMIDT, J.P., CRANE, COZIER, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 59436

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

M19846

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-06363

The People, etc., respondent,
v Willie Jamison, appellant.
(Ind. No. 1115/03)

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

Renewed motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered June 29, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

Kent V. Moston, Esq.

Attorney in Charge, Criminal Div.

Legal Aid Society of Nassau County

1 Helen Keller Way

Hempstead, New York 11550

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.

SCHMIDT, J.P., CRANE, COZIER, and SPOLZINO, 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

M19841

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2002-00664
The People, etc., respondent,
v Darrell Johnson, appellant.
(Ind. No. 01-00034)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Westchester County, rendered December 17, 2001, 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 thereto, it is

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

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

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

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

SCHMIDT, J.P., CRANE, COZIER, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 0174

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

M19847

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-08100

The People, etc., respondent,
v Fernando Matute, appellant.
(Ind. No. 1804/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered February 4, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

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

SCHMIDT, J.P., CRANE, COZIER and SPOLZINO, 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

M19935

GABRIEL M. KRAUSMAN, J.

2004-02370
The People, etc., plaintiff,
v Kenneth McLennon, defendant.
(Ind. No. 7880/85)

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 December 11, 2003, 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.

GABRIEL M. KRAUSMAN

Associate Justice

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

Appellate Division: Second Judicial Department

M19837

ROBERT W. SCHMIDT, J.P.

STEPEHEN G. CRANE

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-09786

The People, etc., respondent,
v Hasaan McWilliams, appellant.
(Ind. No. 04-00506)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered October 29, 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 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:

Philip C. Schnabel, Esq.

33 Schnabel Lane

Chester, New York 10918

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.

SCHMIDT, J.P., CRANE, COZIER, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5938

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

M19849

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-08427

The People, etc., respondent,
v Claudio Nunez, appellant.
(Ind. No. 117/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED 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:

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

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:

01 A 3050

Southport Corr. Fac.

Box 2000

Pine City, New York 14871

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

Appellate Division: Second Judicial Department

M19915

E/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2001-06695
The People, etc., respondent, DECISION & ORDER
v Ricky Panawoty, appellant.
(Ind. No. 3534/00)

ON MOTION

Motion by the respondent to strike the appellant's supplemental pro se brief on an appeal from a judgment of the Supreme Court, Queens County, rendered June 21, 2001, on the ground that the supplemental brief raises issues not properly before 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 without prejudice to the respondent raising the issue in its brief; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until February 14, 2005, and the respondent's brief must be served and filed on or before that date.

KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

01 A 3892

Mohawk Corr. Fac.

Box 8451

Rome, New York 134420

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

Appellate Division: Second Judicial Department

M19823

C/sl

FRED T. SANTUCCI, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2002-03558
The People, etc., respondent,
v Hector Rodriguez, appellant.
(Ind. No. 6499/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered April 16, 2002, to unseal and release to the appellant's counsel the minutes of certain ex parte proceedings noted on page 353 of the minutes of the trial in the above-entitled action.

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

ORDERED that on or before January 12, 2005, the District Attorney shall file the minutes of the ex parte proceedings noted on page 353 of the minutes of the trial in the above-entitled action with the Clerk of this court, and those minutes shall remained sealed upon delivery; and it is further,

ORDERED that the motion is held in abeyance in the interim, to be determined after an in camera review of the minutes in question.

SANTUCCI, J.P., CRANE, SKELOS 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

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FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2003-02104
The People, etc., respondent,
v James Warren, appellant.
(Ind. No. 2648/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered February 11, 2003, and for the assignment of new 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; and it is further,

ORDERED that on the court's own motion, the appellant's time to serve and file his supplemental pro se brief is enlarged, and the supplemental pro se brief shall be served and filed on or before March 3, 2005; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court