Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR JANUARY 24, 2005

TITLECase Number
Arciniega v Arciniega2004-06501
Atwater v DiPasquale2004-06401 +1
Buchman v O'Neill2004-05987
Cameron v Nissan 112 Sales Corp.2003-08617
Carmo v Verizon2004-05288
Century 21 Laffey Associates v Aronson2004-09967
Colon v Diamond2003-06748
Congregation Mercaz Hatorah of Belle Harbor v2004-07368
Conway v Conway2003-10599
Desrosiers v Kalkov2004-06547
Dinstber v Geico Insurance Company2004-05520 +4
EMC Mortgage Corporation v Smith2004-01248 +1
Feldman v CSX Transportation, Inc.2004-10647
Fenton v Austin2005-00073
Financial Pacific Leasing, LLC v Caspare2004-05775
Frankel v 4502 18th Avenue Trust2004-04031
Fried v David Berry Realty2003-07765
Galvin v Francis2003-06815 +1
Greco v Greco2004-09486
Isser v Isser2004-10502
Johnson v New York City Transit Authority2004-06548
Lohan v Teja2005-00353
Lombardo v Fogarty2004-04988
Looman v Public Storage, Inc., s/h/a Public Sto2004-06678
Lume v Muharram2004-08024
Melina v Reithoffer Shows, Inc.2003-02261
NYCTL 1997-1 Trust v Vila2003-05928
NYCTL 1998-2 Trust v T. Jan Realty Corp.2005-00128
Niceforo v Roe Avenue Associates, Inc.2004-02743
Pasahow v Jaffee2004-07380
Petersen v Lysaght, Lysaght & Kramer, P.C.2004-04244
Quinn v Sundale Homes, Inc.2003-10532
Rios v Public Administrator of Kings County2003-11376
Salomon Brothers Realty Corp. v Alvarez2004-09060
Siemon v Useted2002-00131
Simcha Developers, LLC v Terrace Park, Inc.2004-09284
Stewart v River Management Development and Re2003-07262
Su Zhen Li v Duane Reade, Inc.2004-03662
Tama v City of New York2004-09605
Terrell v Whitehall Jewellers, Inc.2004-04101
Walters v Jeter2004-08518
Wilkinson v DiPasquale2004-07837
Mtr of C. (Anonymous), Alexis; C., Cheyenne; 2004-09520 +1
Mtr of C. (Anonymous), Alexis; C., Cheyenne; 2004-09520 +1
Mtr of Condo Units, LP v New York State Divis2003-01415
Mtr of Congregation Yetev Lev D'Satmar, Inc. 2004-09716
Mtr of Dubova v Lekumovich2004-06091
Mtr of Dubova v Lekumovich2004-06091
Mtr of E. S. v P. D.2005-00150
Mtr of G. (Anonymous), Starcy Marie; Suffolk 2004-10771 +1
Mtr of Great American Construction Corporatio2004-06524
Mtr of Ish-Shalom v Wittmann2003-02180 +2
Mtr of L. (Anonymous), Desiree; Dylan; J., Ni2004-10166
Mtr of Miotto v Kytoski2004-11324
Mtr of Perry v Goord2005-00217
Mtr of White v Brown2004-11172
Mtr of Wood v Brown2005-00344
Peo v Campbell, Howard2001-05693
Peo v Fiori, Andrew2004-09169
Peo v Flippen, Kim2004-09234
Peo v Gillespie, Maurice2004-09216
Peo v Harper, Allen2002-05517
Peo v Harrison, Lamont2004-10487
Peo v Maldonado, Angel2003-04314 +2
Peo v Pruitt, Arthur2001-02634
Peo v Smith, Anthony Wayne2002-03088 +1
Peo v Smith, Gloria2004-06826
Peo v Smith, Patrice2002-10246
Peo v Thompson, Rahmel2003-05153
Peo v Vargas, Jonathan, a/k/a Vargas, John2004-10782 +2







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

Appellate Division: Second Judicial Department

M20739

CF/

2004-06501

Mario Arciniega, appellant, v

Norma Arciniega, respondent.

(Index No. 29809/03)

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 June 25, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M20676

R/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-06401, 2004-10999

Marion Atwater, respondent, v

Christopher E. DiPasquale, appellant.

(Index No. 8263/02)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Rockland County, dated May 5, 2004, and a judgment of the same court dated June 14, 2004, to stay enforcement of the judgment pending hearing and determination of the appeals, and application by the appellant to enlarge the time to perfect the appeal from the judgment.

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

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

ORDERED that the application is granted, and the record on the appeals and the appellant's brief which were submitted to the Clerk of this court on January 24, 2005, are accepted for filing.

FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, 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

M20763

CF/

2004-05987

Peter Buchman, respondent, v

Kathleen O'Neill, appellant.

(Index No. 14949/03)

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 May 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




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

Appellate Division: Second Judicial Department

M20765

A/sl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2003-08617

Harvey Cameron, et al., appellants, v Nissan 112

Sales Corp., respondent, et al., defendant.

(Index No. 28922/00)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, entered September 4, 2003, which was determined by decision and order of this court dated September 7, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order 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.

PRUDENTI, P.J., CRANE, FISHER 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

M20749

E/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-05288

Luis Carmo, appellant,

v Verizon, respondent.

(Index No. 15920/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Nassau County, entered May 17, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

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

ORDERED that on court's own motion, the appellant's brief is stricken on the ground that it refers to matter dehors the record; and it is further,

ORDERED that the motion is granted on condition that on or before March 1, 2005, the appellant shall remove from the copies of the record on appeal on file with this court pages 5 through 100 and pages 251 through 254 or serve and file a replacement record on appeal that does not contain that material, and serve and file a replacement brief that does not refer to matter dehors the record.

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

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M20752

CF/

2004-09967

Century 21 Laffey Associates, appellant,

v Michael D. Aronson, et al., respondents.

(Index No. 14369/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, entered September 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

M20714

L/

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2003-06748

Cathy Colon, et al., respondents,

v Wendi J. Diamond, et al., appellants.

(Index No. 28322/00)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from a judgment of the Supreme Court, Kings County, entered July 18, 2003.

Upon the stipulation of the attorneys for the respective parties, dated January 12, 2005, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M20721

A/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-07368

Congregation Mercaz Hatorah of Belle Harbor,

respondent, v Jean-Claude Mastey, et al., appellants.

(Index No. 187/03)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered May 26, 2004, on the ground that it was not timely taken.

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513).

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

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M19806

A/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2003-10599

Robert B. Conway, respondent,

v S. Catherine Conway, appellant.

(Index No. 8252/96)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Suffolk County, entered July 7, 2003, inter alia, for a reconstruction hearing with respect to the proceedings which occurred before the Supreme Court, Suffolk County, in the above-entitled action on October 19, 1999, and October 20, 1999.

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

ORDERED that the matter is remitted to the Supreme Court, Suffolk County, to hear and report on whether the above-referenced minutes can be transcribed, and , if not, the approximate length of those minutes, and the subject of the missing minutes; and it is further,

ORDERED that the motion is held in abeyance in the interim. The Supreme Court shall file its report with all convenient speed.

ADAMS, J.P., RIVERA, 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

M20750

CF/

2004-06547

Jean R. Desrosiers, respondent, v

Hagit Kalkov, et al., appellants.

(Index No. 21674/02)

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 June 18, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M20692

A/sl

FRED T. SANTUCCI, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-05520, 2004-09543, 2004-09898,

2004-09900, 2004-10048

George C. Dinstber III, appellant,

v Geico Insurance Company, etc.,

respondent.

(Index No. 30885/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from four orders of the Supreme Court, Suffolk County, dated June 23, 2003, May 11, 2004, September 8, 2004, and September 20, 2004, respectively, and from a judgment of the same court entered October 14, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on the appeals.

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.

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

M20715

E/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-01248, 2004-01249

EMC Mortgage Corporation, respondent,

v Linda Marie Smith, appellant, et al., defendants.

(Index No. 9755/00)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Kings County, dated November 21, 2003, and December 11, 2003, respectively, to strike certain portions of the appellant's brief on the ground that they raise arguments which are not properly before the court and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to strike certain portions of the appellant's brief is denied without prejudice to the respondent raising in its brief the issue that certain arguments are not properly before the court; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until February 23, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M20725

R/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-10647

Jeffrey Feldman, appellant,

v CSX Transportation, Inc., et al., respondents,

(and a third-party action).

DECISION & ORDER ON MOTION

Motion by Stacey L. Drentlaw, an attorney in good standing in the State of Minnesota, to be admitted pro hac vice to represent the respondent General Electric Railcar Services Corporation on an appeal from an order of the Supreme Court, Kings County, dated October 19, 2004.

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

ORDERED that the motion is granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M20710

E/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-00073

Rovenia Fenton, respondent,

v Marse I. Austin, et al., appellants.

(Index No. 14103/01)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Richmond County, dated December 17, 2004, to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the motion is granted and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 23, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 23, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M20758

CF/

2004-05775

Financial Pacific Leasing, LLC, respondent,

v Frank S. Caspare, appellant.

(Index No. 17905/03)

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 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




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

Appellate Division: Second Judicial Department

M20709

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-04031

Gail Frankel, respondent, v 4502 18th

Avenue Trust, defendant, Le Chocolate of

Brooklyn, LLC, d/b/a Le Chocolat, appellant.

(Index No. 22854/02)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 26, 2004.

Upon the stipulation of the attorneys for the respective parties, it is

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

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

M20704

A/sl

FRED T. SANTUCCI, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2003-07765

Arthur L. Fried, etc., et al., respondents,

v David Berry Realty, et al., appellants.

(Index No. 165/02)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from a judgment of the Supreme Court, Dutchess County, dated August 19, 2003, in effect, to enlarge the record on appeal to include a letter by the New York State Commission on Judicial Conduct dated October 19, 2004, and an order of the Supreme Court, Dutchess County, dated October 20, 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.

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

M20675

E/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2003-06815, 2003-06817

Bernadette Galvin, appellant-respondent, v

William N. Francis, respondent-appellant.

(Index No. 5594/00)

DECISION & ORDER ON MOTION

Motion by Bernadette Galvin on appeals from an order and a judgment of the Supreme Court, Richmond County, both dated May 29, 2003, and a cross appeal from the judgment to direct William N. Francis to pay one-half the cost of the record on appeal and transcripts.

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 cross appeal of William N. Francis is dismissed as abandoned (see 22 NYCRR 670.8[c][3]), without costs or disbursements; and it is further,

ORDERED that the motion is denied.

FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, 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

M20762

CF/

2004-09486

Salvatore Greco, respondent, v

Patricia Greco, appellant.

(Index No. 15809/88)

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 October 12, 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

M20612

A/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2004-10502

Theresa H. Isser, respondent, v

Daniel C. Isser, appellant.

(Index No. 3990/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay an inquest on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated November 15, 2004, and cross motion by the respondent to dismiss the appeal on the ground that the order was entered upon the defendant's default (see CPLR 5511).

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 and the cross motion are denied.

COZIER, J.P., RITTER, LUCIANO 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

M20751

CF/

2004-06548

Walter Johnson, appellant, v New York

City Transit Authority, respondent.

(Index No. 4108/04)

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 May 28, 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

M20747

E/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-00353

Marilyn Lohan, et al., respondents,

v Christopher Teja, appellant.

(Index No. 21017/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated December 17, 2004, to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M20756

CF/

2004-04988

Maria Lombardo, plaintiff-respondent,

v Paul Fogarty, defendant-respondent,

Staples, Inc., defendant-appellant

(and a third-party action).

(Index No. 25299/00)

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 28, 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

M20674

R/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-06678

Michael Looman, plaintiff, v Public Storage, Inc.,

s/h/a Public Storage & Public Storage Income Fund 3,

etc., defendant third-party plaintiff-appellant; Universal

Allied Services, Inc., third-party defendant-respondent.

(Index No. 5863/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated May 19, 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.

FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, 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

M20757

CF/

2004-08024

Joseph Lume, et al., respondents,

v Carmilla Muharram, et al., appellants.

(Index No. 28626/02)

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 August 16, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M20716

L/

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2003-02261

Robert Melina, respondent, v Reithoffer

Shows, Inc., appellant.

(Index No. 18713/99)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from a judgment of the Supreme Court, Kings County, entered February 4, 2003.

Upon the stipulation of the attorneys for the respective parties, dated December 10, 2004, it is

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

SANTUCCI, J.P., LUCIANO, RIVERA 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

M20720

S/sl

2003-05928

NYCTL 1997-1 Trust, et al., respondents,

v Moises A. Vila, appellant, et al., defendants.

(Index No. 45357/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated March 27, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 25, 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

M20722

C/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-00128

NYCTL 1998-2 Trust, et al., plaintiffs-respondents,

v T. Jan Realty Corp., defendant-respondent, et al.,

defendants, Neal Mark Friedfertig, proposed

intervenor-appellant.

(Index No. 38848/01)

DECISION & ORDER ON MOTION

Motion by the proposed intervenor-appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 11, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M20705

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-02743

Anthony Niceforo, plaintiff-respondent,

v Roe Avenue Associates, Inc., et al.,

defendants-appellants, Realty Group

Marketing Ltd., et al., defendants-respondents.

(Index No. 24207/01)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 24, 2004.

Upon the stipulation of the attorneys for the respective parties, dated December 13, 2004, it is

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

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

M20741

CF/

2004-07380

Gerald Pasahow, respondent,

v George Jaffee, et al., appellants.

(Index No. 20831/02)

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 July 8, 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

M20691

A/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-04244

Paul Petersen, appellant,

v Lysaght, Lysaght & Kramer, P.C., et al.,

respondents.

(Index No. 3690/96)

DECISION & ORDER ON MOTION

Application by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated December 1, 2003, and motion by the respondents to dismiss the appeal for failure to timely perfect the same.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until March 10, 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 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

M20707

L/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2003-10532

George Quinn, et al., appellants,

v Sundale Homes, Inc., et al., respondents.

(Index No. 12841/02)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Richmond County, dated October 1, 2003.

Upon the stipulation of the attorneys for the respective parties, dated on or about November 2004, it is

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

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, 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

M20711

L/

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2003-11376

Edward Rios, respondent, v Public

Administrator of Kings County, etc.,

appellant, et al., defendants.

(Index No. 29581/01)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 12, 2003.

Upon the stipulation of the attorneys for the respective parties, dated January 20, 2005, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M20696

R/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-09060

Salomon Brothers Realty Corp., appellant-respondent,

v Elizabeth Alvarez, et al., respondents, et al., defendants;

Edward P. Kallen, etc., nonparty respondent-appellant.

(Index No. 2761/02)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent for a preference in the calendaring of an appeal and cross appeal from an order of the Supreme Court, Rockland County, dated July 19, 2004, and cross motion by the respondent-appellant, in effect, for summary reversal.

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

ORDERED that the motion and cross motion are denied.

FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, 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

M20693

A/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2002-00131

Frederick Siemon, appellant,

v Kristen Useted, respondent.

(Index No. 5085/98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, pursuant to CPLR 5015(c) to vacate a decision and order on motion of this court dated September 13, 2004, which, among other things, dismissed an appeal from a judgment of the Supreme Court, Westchester County, dated December 18, 2001, for the imposition of a sanction against the defendant's 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 thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., GOLDSTEIN, CRANE 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

M20744

CF/

2004-09284

Simcha Developers, LLC, respondent-appellant,

v Terrace Park, Inc., et al., appellants-respondents.

(Index No. 25255/03)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated September 24, 2004.

Upon the stipulation of the parties, it is

ORDERED that the appeal and cross appeal 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

M20766

L/

THOMAS A. ADAMS, J.P.

NANCY E. SMITH

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2003-07262

Sharon Stewart, appellant,

v River Management Development and

Realty, Inc., et al., respondents.

(Index No. 2064/01)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated July 24, 2003.

Upon the stipulation of the attorneys for the respective parties, dated November 5, 2004, it is

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

ADAMS, J.P., SMITH, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M20678

C/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-03662

Su Zhen Li, et al., appellants,

v Duane Reade, Inc., respondent.

(Index No. 25014/00)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated April 12, 2004, for failure to timely perfect the same.

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, 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

M20723

R/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-09605

Mary Tama, respondent, v

City of New York, et al., appellants.

(Index No. 6917/01)

DECISION & ORDER ON MOTION

Motion by the appellants City of New York and New York City Board of Education to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Kings County, dated September 27, 2004.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M20679

C/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-04101

Robert Terrell, et al., plaintiffs-respondents,

v Whitehall Jewellers, Inc., et al., defendants

third-party plaintiffs-appellants, Smith Haven,

et al., defendants-appellants, Universal Showcase,

Inc., et al., defendants third-party defendants-

respondents, R.C. Pazur Construction, defendant

third-party defendant-appellant.

(Index No. 5192/01)

DECISION & ORDER ON MOTION

Motion by the defendants third-party defendants-respondents Universal Showcase, Inc., and Global Store Fixtures, in effect, to enlarge the record on an appeal from an order of the Supreme Court, Suffolk County, dated April 2, 2004, to include their verified answer dated December 27, 2001, and for leave to serve and file supplemental brief.

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

ORDERED that the branch of the motion which is to enlarge record is granted; the record is enlarged to include the verified answer of the defendants third-party defendants-respondents Universal Showcase, Inc., and Global Store Fixtures dated December 27, 2001, attached as Exhibit C to the motion papers; and it is further,

ORDERED that on or before February 7, 2005, the defendants third-party defendants respondents Universal Showcase, Inc., and Global Store Fixtures shall serve and file a supplemental

record containing their verified answer dated December 27, 2001; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, 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

M20755

CF/

2004-08518

Andrew Walters, et al., appellants, v

Sherry Jeter, et al., respondents.

(Index No. 19947/96)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Queens 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

M20760

CF/

2004-07837

William Wilkinson, et al., respondents,

v Philomena Levy DiPasquale, appellant.

(Index No. 16642/02)

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 July 30, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M20628

M/nal

2004-09520, 2004-06920

In the Matter of Alexis C. (Anonymous).

Administration for Children's Services respondent;

Valerie C. (Anonymous), et al., appellants.

In the Matter of Cheyenne C. (Anonymous).

Administration for Children's Services respondent;

Valerie C. (Anonymous), et al., appellants.

In the Matter of Justin N. (Anonymous).

Administration for Children's Services respondent;

Valerie C. (Anonymous), et al., appellants.

(Docket Nos. N-15008-01, N-15009-01, N-15010-01)

SCHEDULING ORDER

Appeals by Valerie C. from two orders of the Family Court, Queens County, dated June 4, 2004, and September 27, 2004, respectively, and separate appeal by Damien N. from the order dated September 27, 2004. By decision and order on motion of this court dated January 13, 2005, the following attorney was assigned as counsel for Damien N. on the appeals:

Alan S. Cabelly, Esq.

91-30 Queens Blvd. - Suite 206

Elmhurst, New York 11373

(718) 533-1757

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

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

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

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

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated January 13, 2005, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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




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

Appellate Division: Second Judicial Department

M20673

C/nal

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-09520, 2004-09620

In the Matter of Alexis C. (Anonymous).

Administration for Children's Services, respondent;

Damien N., (Anonymous), et al., appellants.

(Proceeding No. 1)

In the Matter of Cheyenne C. (Anonymous).

Administration for Children's Services, respondent;

Damien N., (Anonymous), et al., appellants.

(Proceeding No. 2)

In the Matter of Justin N. (Anonymous).

Administration for Children's Services, respondent;

Damien N. (Anonymous), et al., appellants.

(Proceeding No. 3)

(Docket Nos. N-15008-01, N-15009-01, N-15010-01)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant Valerie C. in proceedings before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Queens County, dated June 4, 2004, and September 27, 2004, respectively, and for leave to the appellant Valerie C. to prosecute the appeals 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 proof of service of the motion on the appellant Valerie C. and upon the appellant Valerie C. submitting proper papers showing her entitlement to poor person relief and the assignment of counsel (see CPLR 1101).

FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, 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

M20733

R/sl

THOMAS A. ADAMS, J.P.

BARRY A. COZIER

SONDRA MILLER

DAVID S. RITTER, JJ.

2003-01415

In the Matter of Condo Units, LP, appellant,

v New York State Division of Housing

and Community Renewal, respondent.

(Index No. 6827/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, dated September 15, 2002, which was determined by decision and order of this court dated February 9, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and cross motion by the respondent for leave to reargue the appeal.

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

ORDERED that the motion and cross motion are denied.

ADAMS, J.P., COZIER, S. MILLER and RITTER, 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

M20688

CF/

2004-09716

In the Matter of Congregation Yetev Lev

D'Satmar, Inc., petitioner-respondent, v Jacob

(Jeno)(Yaakov) Khana, respondent-appellant,

et al., respondents, Berl Friedman, et al.,

appellants-respondents.

(Proceeding No. 1)

(Index No. 28989/01)

In the Matter of Congregation Yetev Lev

D'Satmar, Inc., petitioner-respondent,

Berl Friedman, et al., appellants-respondents;

Jacob (Jeno)(Yaakov) Khana, appellant-respondent,

et al., respondents.

(Proceeding No. 2)

(Index No. 41256/01)

Congregation Yetev Lev D'Satmar, Inc.,

et al., plaintiffs, v 26 Adar N.B. Corp., et al.,

defendants.

(Proceeding No. 3)

(Index No. 13224/90)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 22, 2004.

Upon the stipulation of the parties, dated January 11, 2005, it is

ORDERED that the cross 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

M20735

F/

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-06091

In the Matter of Larisa L. Dubova, appellant,

v Genrikh Lekumovich, respondent.

(Docket No. O-24489-02)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to defend an appeal from an order of the Family Court, Kings County, dated June 2, 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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defendant the appeal:

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10007

(212) 227-0206

and it is further,

ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.

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

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M20734

F/

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-06091

In the Matter of Larisa L. Dubova, appellant,

v Genrikh Lekumovich, respondent.

(Docket No. O-24489-02)

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, Kings County, dated June 2, 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 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:

Helene Chowes, Esq.

20 Park Avenue - Apt. 8B

New York, New York 10016

(212) 431-9550

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M20350

M/nal

2005-00150

In the Matter of E. S., respondent,

v P. D., appellant.

(Index No. 00009-03)

SCHEDULING ORDER

Appeal by P. D from an order of the Supreme Court, Suffolk County, dated December 1, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,

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

(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.




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

Appellate Division: Second Judicial Department

M20746

C/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-10771, 2004-10772

In the Matter of Starcy Marie G. (Anonymous).

Suffolk County Department of Social Services,

petitioner-respondent; James Gregory, respondent,

Joy-Ann Gregory, appellant.

(Docket Nos. B-16412-03, B-16418-03)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an amended order of the Family Court, Suffolk County, dated June 11, 2004, and an order of the same court dated December 1, 2004, for leave to prosecute the appeals 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 the appellant to renew, on or before February 22, 2005, upon the submission of proper papers establishing that the appellant is entitled to poor person relief, including an affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, and itemized expenses.

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

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M20754

CF/

2004-06524

In the Matter of Great American Construction

Corporation, respondent, v Nobre, Inc., appellant.

(Index No. 135/04)

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 17, 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

M20764

M/nal

GABRIEL M. KRAUSMAN, J.P.

WILLIAM A. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2003-02180, 2003-02799, 2003-07972

In the Matter of Jehuda Ish-Shalom,

appellant, v Veronica Wittmann, respondent.

(Docket Nos. V-695/97, V-696/97)

SCHEDULING ORDER

Appeals by Jehuda Ish-Shalom from two orders of the Family Court, Westchester County, both entered February 6, 2003, and an order of the same court entered July 25, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 24, 2004, and the respondent's brief was served and filed on December 28, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeals is enlarged until January 31, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M18632

M/nal

2004-10166

In the Matter of Desiree L. (Anonymous).

Dutchess County Department of Social Services, respondent;

David L. (Anonymous), appellant.

(Proceeding No. 1)

In the Matter of Dylan L. (Anonymous).

Dutchess County Department of Social Services, respondent;

David L. (Anonymous), appellant.

(Proceeding No. 2)

In the Matter of Nicole J. (Anonymous).

Dutchess County Department of Social Services, respondent;

David L. (Anonymous), appellant.

(Proceeding No. 3 )

In the Matter of Lisa J. (Anonymous).

Dutchess County Department of Social Services, respondent;

David L. (Anonymous), appellant.

(Proceeding No. 4)

In the Matter of Amanda J. (Anonymous).

Dutchess County Department of Social Services, respondent;

David L. (Anonymous), appellant.

(Proceeding No. 5)

In the Matter of Erika J. (Anonymous).

Dutchess County Department of Social Services, respondent;

David L. (Anonymous), appellant.

(Proceeding No. 6)

(Docket Nos. N-8186-01, N-0204-02, N-08182-01,

N-08183-01, N-08184-01, N-08185-01)

SCHEDULING ORDER

Appeal by David L. from an order of the Family Court, Dutchess County, dated October 4, 2004. By decision and order on motion of this court dated January 18, 2005, the following attorney was assigned as counsel on the appeal:

Neal D. Futerfas, Esq.

50 Main Street - Suite 1000

White Plains, New York 10606

(914) 682-2171

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

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

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

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

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated January 18, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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



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

Appellate Division: Second Judicial Department

M20665

M/nal

2004-11324

In the Matter of James M. Miotto, respondent,

v Katherine Kytoski, appellant.

(Docket Nos. V-4466/03, V-4467/03)

SCHEDULING ORDER

Appeal by Katherine Kytoski from an order of the Family Court, Nassau County, dated December 23, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.




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

Appellate Division: Second Judicial Department

M20697

R/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2005-00217

In the Matter of Christopher Perry, petitioner,

v Glenn Goord, etc., et al., respondents.

(Ind. No. 12634/94)

DECISION & ORDER ON MOTION

Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.

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

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

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

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

FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, 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

M20667

M/nal

2004-11172

In the Matter of Winsome White, appellant,

v Marc Brown, respondent.

(Docket Nos. V-02463-04, V-02464-04)

SCHEDULING ORDER

Appeal by Winsome White from an order of the Family Court, Queens County, dated November 17, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.




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

Appellate Division: Second Judicial Department

M20599

M/nal

2005-00344

In the Matter of Mona D. Wood, respondent,

v Randy Brown, appellant.

(Docket No. O-02269-04)

SCHEDULING ORDER

Appeal by Randy Brown from an order of the Family Court, Richmond County, dated December 16, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.




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

Appellate Division: Second Judicial Department

M20736

F/

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2001-05693

The People, etc., respondent,

v Howard Campbell, appellant.

(Ind. No. 284/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 18, 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 adv ise the appellant of the date by which the minutes are to be returned and the brief filed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

01 A 3812

Auburn Corr. Fac.

Box 618

Auburn, New York 13024




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

Appellate Division: Second Judicial Department

M20745

F/

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-09169

The People, etc., respondent,

v Andrew Fiori, appellant.

(Ind. No. 04-00447)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered September 23, 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 and 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5185

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

M20738

F/

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-09234

The People, etc., respondent,

v Kim Flippen, appellant.

(Ind. No. 3046-03)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered September 28, 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 relation 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M20753

F/

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2004-09216

The People, etc., respondent,

v Maurice Gillespie, appellant.

(Ind. No. 2216/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered September 2, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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:

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4870

Woodbourne Corr. Fac.

99 Prison Road - Box 1000

Woodbourne, New York 12788




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

Appellate Division: Second Judicial Department

M20737

F/

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2002-05517

The People, etc., respondent,

v Allen Harper, appellant.

(Ind. No. 7167/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 11, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 3550

Clinton Corr. Fac.

P. O. Box 2001

Dannemora, New York 12929




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

Appellate Division: Second Judicial Department

M20728

R/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-10487

The People, etc., respondent,

v Lamont Harrison, appellant.

(Ind. No. 497/04)

DECISION & ORDER ON MOTION
Application to Withdraw Appeal

Motion by the appellant pro se, inter alia, for leave to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, rendered October 20, 2004, as a poor person, and for the assignment of counsel, and separate application by the appellant pro se to withdraw the appeal.

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

ORDERED that the application to withdraw the appeal is granted and the appeal is marked withdrawn; and it is further,

ORDERED that the motion, inter alia, for leave to prosecute the appeal as a poor person is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M20660

O/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-04314, 2003-08947, 2004-08934

The People, etc., respondent,

v Angel Maldonado, appellant.

(Ind. Nos. 2340-99, 891-01)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two judgments of the County Court, Suffolk County both rendered April 25, 2003, and an appeal from an order of the same court dated August 24, 2004, and, in effect, for leave to prosecute the appeal from the order as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is to consolidate the appeals is granted to the extent that the appeals from the judgments shall be heard together with the appeal from the order, and the appeals shall be calendared together, and argued or submitted on the same day; and it is further,

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

ORDERED that the appeal from the order dated August 24, 2004, 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 hearing on the motion, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of the proceeding 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk Co., - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

;and it is further,

ORDERED that the appellant's time to perfect the appeal from the order 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address

03-R-2519

Orleans Corr. Fac.

3531 Gains Basin Road

Albion, New York 14411



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

Appellate Division: Second Judicial Department

M20748

F/

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2001-02634

The People, etc., respondent, DECISION & ORDER

v Arthur Pruitt, appellant.

(Ind. No. 2310/99)

ON MOTION
Motion Pro se to Relieve Counsel
of Assignment

Motion by the appellant pro se to relieve retained counsel on an appeal from a judgment of the County Court, Nassau County, rendered March 14, 2001, and for assignment of new counsel. The following named attorney was retained as counsel to prosecute the appeal:

Michael John Meenan, Esq.

1565 Franklin Avenue - Suite 320

Mineola, New York 11501

The appellant's motion for leave to prosecute the appeal on the original papers and for free transcripts was granted on March 25, 2002.

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 retained counsel is relieved and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

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

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, New York 10128

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M20742

C/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2002-03088, 2002-03089

The People, etc., respondent,

v Anthony Wayne Smith, appellant.

(Ind. Nos. 332/01, 905/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to serve and file a reply brief on appeals from two judgments of the County Court, Suffolk County, both rendered March 13, 2002.

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 appellant's time to serve and file a reply brief is enlarged until February 23, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M20740

F/

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-06826

The People, etc., plaintiff,

v Gloria Smith, defendant.

(Ind. No. 03-00406)

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

Renewed 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, Rockland County, rendered May 19, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 G 0488

Beacon Corr. Fac.

Box 780

Beacon, New York 12508



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

Appellate Division: Second Judicial Department

M20677

O/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

DAVID S. RITTER, JJ.

2002-10246

The People, etc., respondent,

v Patrice Smith, appellant.

(Ind. No. 3318/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to recall and vacate a decision and order on motion of this court dated November 22, 2004, which recalled and vacated a decision and order on motion of this court, dated June 10, 2004, granting her motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 30, 2002, and to enlarge her time to serve and file the 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, the order dated November 22, 2004 is recalled and vacated, the order dated June 10, 2004 is reinstated, and the appellant's supplemental brief submitted to of the Clerk of this court on or about December 1, 2004, is accepted for filing.

PRUDENTI, P.J., FLORIO, H. MILLER and RITTER, 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

M20702

A/sl

FRED T. SANTUCCI, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2003-05153

The People, etc., respondent, DECISION & ORDER

v Rahmel Thompson, appellant.

(Ind. No. 328/02)

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, Queens County, rendered May 22, 2003, and for assignment of new counsel.

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

ORDERED that the motion is denied.

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

M20743

F/

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-10782, 2004-10783, 2004-10784

The People, etc., plaintiff,

v Jonathan Vargas, a/k/a John Vargas, defendant.

(Ind. Nos. 246/03, 28/04, 44/04)

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 appeals from three judgments of the Supreme Court, Richmond County, all rendered June 17, 2004, for leave to prosecute the appeals 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 6093

Downstate Corr. Fac.

Box F

Fishkill, New York 12524