APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| DIANE MARSHALL, Respondent, -against- TAMIZ AHAMED and MOHAMMED KARIM, Appellants. |
DECISION
On the court's own motion, petitioner-respondent's motion to vacate the stay contained in the order of this court dated September 5, 2003 and continued by order of this court dated December 26, 2003, and tenants-appellants' motion to continue the stay and for leave to the Appellate Division are hereby consolidated for purposes of disposition and denied (see CPLR 5519 [e]).
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- NEVILLE JONES, Appellant. |
DECISION
Motion by the defendant-appellant for poor person relief is granted and Legal Aid Society is assigned.
ORDERED that the motion is granted. If necessary appellant's time to file an affidavit of errors is extended 30 days from the date of this order.
ORDERED that the stenographer of the trial court shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, including those minutes of the voir dire of prospective jurors in cases tried before a jury, with the clerk of the trial court, who is directed to furnish, without charge, one copy to the following attorney, who is now assigned as counsel to prosecute the appeal:
ORDERED that assigned counsel shall make the transcript available to the District Attorney simultaneously with the service of appellant's brief, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript with the record, which shall then be filed with this court;
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- ROBERT L. HANDWERKER, Appellant. |
DECISION
Motion by the defendant-appellant for poor person relief is granted and Legal Aid Society is assigned.
ORDERED that the motion is granted. If necessary appellant's time to file an affidavit of errors is extended 30 days from the date of this order.
ORDERED that the stenographer of the trial court shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, including those minutes of the voir dire of prospective jurors in cases tried before a jury, with the clerk of the trial court, who is directed to furnish, without charge, one copy to the following attorney, who is now assigned as counsel to prosecute the appeal:
ORDERED that assigned counsel shall make the transcript available to the District Attorney simultaneously with the service of appellant's brief, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript with the record, which shall then be filed with this court;
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report.
APPELLATE TERM : 2d and 11th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE NEW YORK, Respondent, -against- JIBIN ZHAO, Appellant. |
DECISION
Motion by defendant-appellant to vacate dismissal of the appeal is granted on condition the appeal is perfected by February 4, 2005; otherwise motion denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- YOSHIMI YOSHIDA, Appellant. |
DECISION
Motion by defendant-appellant for leave to appeal the order rendered September 7, 2004 is denied.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| EVERETT D. JENNINGS APTS L.P., Respondent, -against- NEWTON HINDS and NIKKI HINDS, Appellants. |
DECISION
On the court's own motion, motion by landlord-respondent returnable October 29, 2004 and motion by tenants-appellants returnable November 18, 2004, are hereby consolidated for purposes of disposition.
That branch of the motion by landlord-respondent to vacate the stay is denied.
That branch of the motion to release funds deposited with the court below prior to determination of the appeal is denied.
Motion by tenants-appellants to continue the stay contained in the order of this court dated June 1, 2004, and subsequently extended by the order dated October 4, 2004, is granted on condition that tenants perfect the appeal by January 7, 2005; otherwise stay is vacated without further order of this court. Tenants shall continue to comply with all the other conditions contained in the order of this court dated June 1, 2004.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| RAY RUSSELL and SONS, INC., Respondent, -against- KEITH MURPHY, Appellant. |
DECISION
Motion by respondent for an enlargement of time to submit a respondent's brief denied without prejudice to renewal upon proper papers.
Although respondent's affidavit in support of the motion contains a notary stamp, it was not signed by the notary public.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| ANTONIOS STAMOS, Appellant, -against- MING LAU, Respondent. |
DECISION
Motion by plaintiff-appellant for poor person relief is denied without prejudice to renewal upon proper notice.
Absent is an affidavit of service showing service of motion papers on the county attorney in the county in which the action is triable as mandated by CPLR 1101(c).
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against-NO. NOAH SAUNDERS, Appellant. |
DECISION
Motion by defendant-appellant for poor person relief is granted and counsel assigned pursuant to Article 18-B of the County Law.
ORDERED that the motion is granted. If necessary appellant's time to file an affidavit of errors is extended 30 days from the date of this order.
ORDERED that the stenographer of the trial court shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, including those minutes of the voir dire of prospective jurors in cases tried before a jury, with the clerk of the trial court, who is directed to furnish, without charge, one copy to the following attorney, who is now assigned as counsel to prosecute the appeal:
ORDERED that assigned counsel shall make the transcript available to the District Attorney simultaneously with the service of appellant's brief, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript with the record, which shall then be filed with this court;
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- TREVOR McCLEOD, Appellant. |
DECISION
Motion by the defendant-appellant for poor person relief is granted and Legal Aid Society is assigned.
ORDERED that the motion is granted. If necessary appellant's time to file an affidavit of errors is extended 30 days from the date of this order.
ORDERED that the stenographer of the trial court shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, including those minutes of the voir dire of prospective jurors in cases tried before a jury, with the clerk of the trial court, who is directed to furnish, without charge, one copy to the following attorney, who is now assigned as counsel to prosecute the appeal:
ORDERED that assigned counsel shall make the transcript available to the District Attorney simultaneously with the service of appellant's brief, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript with the record, which shall then be filed with this court;
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report.