Appellate Division: Second Judicial Department
M23941
L/
|
2004-10526 Carol Alverio, et al., plaintiffs, Harry E. Wilson, appellant, v Plycon Van Lines, Inc., et al., defendants, Kirs Papakiriazis, et al., respondents. (Index No. 14578/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated September 28, 2004.
Upon the stipulation of the parties, dated April 6, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23925
L/
|
2005-00222
Evelyn Anthony, respondent, v David Oil Corp., et al., appellants. (Index No. 13082/01)
| 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 December 15, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23942
L/
|
2004-10504 Rosana Bejar, respondents, v Metropolitan Suburban Bus Company, appellant. (Index No. 17947/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated October 28, 2004.
Upon the stipulation of the parties, dated April 6, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23929
L/
|
2004-09277
Keith Brown, respondent, v Jeffrey Governale, et al., defendants, Federal Express Corporation, appellant. (Index No. 19261/03)
| 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 August 6, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23934
L/
|
2004-10272
Francesca Grace Bueti, et al., respondents, v Pasqualina Bueti, appellant. (Index No. 16965/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 8, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23947
E/sl
SONDRA MILLER, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-07859, 2004-07860 Thomas Burke, appellant, v Patricia Burke, respondent. (Index No. 202392/02)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, dated July 7, 2004, and a money judgment of the same court dated August 9, 2004. By order on application dated March 15, 2005, the parties or their attorneys were directed to show cause why an order should or should not be entered dismissing the appeal from the order dated July 7, 2004, on the ground that that order is merely a decision from which no appeal lies (see Schicchi v Green Constr. Corp., 100 AD2d 509), and the application to enlarge the time to perfect the appeals was held in abeyance in the interim.
Upon the application, the order on application dated March 15, 2005, and the papers filed in response to the order on application, it is
ORDERED that on the court's own motion, the notice of appeal from the order dated July 7, 2004, is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701[c]); and it is further,
ORDERED that the application to enlarge time is granted, the appellant shall perfect the appeals, on or before June 12, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the order to show cause contained in the order on application dated March 15, 2005, is denied.
S. MILLER, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23915
L/
|
2004-08372
Clarendon National Insurance Company, appellant, v Philadelphia Indemnity Insurance Company, et al., respondents. (Index No. 36394/03)
| 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 August 13, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23936
L/
|
2004-09142
Janis Cohen, respondent, v Gaetano Manti, appellant. (Index No. 20003/97)
| 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 August 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23914
L/
|
2004-07531
Carlos Collaguazo, et al., appellants, v Budget Rent A Car Systems, Inc., et al., respondents. (Index No. 15960/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Carlos Collaguazo to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 22, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal by Carlos Collaguazo is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23902
L/
|
2004-10524 Michael G. Connelly, appellant, v Maureen T. Connelly, respondent. (Index No. 10537/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order and judgment (one papers) of the Supreme Court, Kings County, dated August 2, 2004.
Upon the stipulation of the parties, dated April 4, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23926
L/
|
2005-01229
Jose Cubi, plaintiff-respondent, v Nuevo Leon Restaurant, Inc., defendant- respondent, Minsoo Ryu, et al., appellants. (Index No. 22188/02)
| 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 March 19, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23922
L/
|
2004-07279
David D'Agostino, et al., appellants, v Harrison Summerfield Associates, L.P., et al., respondents (and a third-party action). (Index No. 10008/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 7, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22679
R/sl
ANITA R. FLORIO, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2004-09485 Susan Deith, appellant, v Simon Deith, respondent. (Index No. 203715/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated October 4, 2004, inter alia, to direct the respondent to pay child support to her in the sum of $1,000 per week, 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 branch of the motion which is to direct the respondent to pay child support to the appellant is granted to the extent that pursuant to CPLR 5518 the respondent is directed to pay the sum of $1,000 per week to the appellant's attorney Blank Rome LLP, commencing April 15, 2005, to be held in escrow in an interest-bearing account during the pendency of the appeal and to be disbursed only pursuant to the further order of this court; and it is further,
ORDERED that on the court's own motion, the appellant is directed to perfect the appeal on or before April 27, 2005, the respondent's brief shall be served and filed on or before May 18, 2005, and the appellant's reply brief, if any, shall be served and filed on or before May 25, 2005; and it is further,
ORDERED that if the appeal is not perfected on or before April 27, 2005, the respondent may move to vacate the injunction and to direct the release of any funds paid into escrow pursuant thereto on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., GOLDSTEIN, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23913
L/
|
2004-10840
Joseph Deroy, et al., respondents, v Maryland Leasing, L.P., appellant. (Index No. 13451/00)
| 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 November 12, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23906
L/
|
2004-05857
Midge Elinor, et al., appellants, v Mark Josefsberg, et al., respondents. (Index No. 3048/01)
| 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 April 27, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23927
L/
|
2004-09959
Leonid Epshetyn, respondent, v Mohamed Diallo, et al., appellants. (Index No. 17416/02)
| 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 September 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23901
L/
|
2004-10136 First Union National Bank, et al., appellants- respondents, v Walter Mull, et al., respondents, Federal Advance, Inc., respondent-appellant. (Index No. 3220/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated July 16, 2004.
Upon the stipulation of the parties, dated April 5, 2005, it is
ORDERED that the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23937
L/
|
2005-00954
Jerry Gershner, d/b/a Gershner Realty Services, respondent, v Town of Ossining, et al., appellants, Bell Plumbing & Heating Corp., defendant. (Index No. 20678/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 30, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23950
E/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2004-11191 Gihon, LLC, respondent, v 501 Second Street, LLC, appellant.
(Index No. 3446/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from order of the Supreme Court, Kings County, dated November 29, 2004, to impose a sanction against the appellant pursuant to 22 NYCRR § 130-1.1 and for an award of costs, and application by the appellant for an award of costs.
Upon the papers filed in support of the motion and 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 dismissed without prejudice to making a motion for the same relief (see CPLR 8022[b]).
SANTUCCI, J.P., GOLDSTEIN, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23903
L/
|
2004-10179 Winston Hamilton, respondent, v Bouchard Transportation Co., Inc., appellant. (Index No. 48892/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated October 15, 2004.
Upon the stipulation of the parties, dated March 17, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23956
C/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2004-05289 John Hlinka, appellant, v Olga Hlinka, respondent. (Index No. 29147/93)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, for poor person relief and the assignment of counsel on an appeal from an order of the Supreme Court, Nassau County, entered May 4, 2004, to make the caption anonymous, and for a preference in the 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 branch of the motion which is for poor person relief and the assignment of counsel is denied as academic, as the respondent has filed a letter in lieu of a brief; and it is further,
ORDERED that the motion is otherwise denied.
We note that we have not considered the affirmation of Vanessa H. Hlinka dated March 19, 2005, on the ground that she is not a party to the appeal and does not have standing.
SANTUCCI, J.P., GOLDSTEIN, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23923
L/
|
2005-00053
Diana Justice, respondent, v Arthur Pirozzi, appellant. (Index No. 15115/02)
| 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 November 17, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23908
L/
|
2005-00013
Sydney LeMaistre, et al., respondents, v Okoro Ukpabi, et al., appellants. (Index No. 11465/01)
| 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 November 5, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23910
L/
|
2004-09610
Michael Litvinskiy, respondent, v May Entertainment Group, Inc., et al., appellants. (Index No. 19175/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23933
L/
|
2004-11134
Yves Louimarre, respondent, v DL Peterson Trust, et al., appellants. (Index No. 25925/03)
| 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 October 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23904
L/
|
2004-02239 Latisha Martin, respondent, v Carlton Ellis, et al., appellants. (Index No. 28354/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated February 23, 2004.
Upon the stipulation of the parties, dated March 18, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23964
R/sl
ANITA R. FLORIO, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-10861 Anita G. Mazzella, etc., appellant, v Luigi Capobianco, etc., et al., respondents.
(Index No. 013337/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Nassau County, entered November 17, 2003, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal and cross motion by the respondents Luigi Capobianco and Luigi Capobianco, PLLC, to strike the appellant's brief and appendix on the appeal on the ground that they contain or refer to matter dehors the record and to enlarge the time to serve and file a brief on 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 is denied; and it is further,
ORDERED that the branch of the cross motion which is to strike the appellant's brief and appendix on the ground that they contain or refer to matter dehors the record is granted, and on or before May 16, 2005, the appellant shall serve and file a proper appendix and brief in accordance with the rules of this court which do not contain or refer to matter dehors the record; and it is further,
ORDERED that on the court's own motion, the time of the respondents to serve and file their respective briefs is enlarged until 30 days after service upon them of the appellant's new appendix and brief; and it is further,
ORDERED that the cross motion is otherwise denied as academic.
FLORIO, J.P., SANTUCCI, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23912
L/
|
2004-08299
Mariann Miceli, et al., appellants, v Middle Country School District, et al., respondents. (Index No. 11894/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated July 16, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23938
L/
|
2004-08256
Howard Michaels, et al., appellants, v Robert J. Fishman, et al., respondents. (Index No. 3085/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated July 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23955
R/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2005-00189, 2005-03039 Montgomery Group, LLC, respondent, v Town of Montgomery, et al., appellants. (Index No. 5988/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Orange County, dated December 6, 2004 (Appellate Division Docket No. 2005-00189), inter alia, to vacate an automatic stay of enforcement of that order pursuant to CPLR 5519(a)(1). Motion by the appellants on an appeal from an order of the same court dated March 17, 2005 (Appellate Division Docket No. 2005-03039), to confirm that an automatic stay of enforcement of the order dated March 17, 2005, pursuant to CPLR 5519(a)(1), is in effect, pending hearing and determination of the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion by the respondent, inter alia, to vacate the automatic stay of enforcement of the order dated December 6, 2004, pursuant to CPLR 5519(a)(1), is denied, on condition that both appeals are perfected, on or before May 12, 2005; and it is further,
ORDERED that in the event the appeals are not perfected on or before May 12, 2005, the court, on its own motion, may vacate the automatic stay, or the respondent may renew its motion to vacate the automatic stay on three days notice; and it is further,
ORDERED that the motion by the appellants on the appeal from the order dated March 17, 2005, is granted.
SANTUCCI, J.P., GOLDSTEIN, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23967
S/sl
|
2004-08785
Dustin Mooney, etc., et al., respondents, v City of New York, etc., et al., respondents- appellants, Covenant House, etc., et al., appellants-respondents. (Index No. 17852/00)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated July 19, 2004.
ORDERED that the application is granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until April 13, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23899
L/
|
2004-11034 Leonido Nunez, respondent, v Rent A Center, Inc., f/k/a Associates Leasing, Inc., appellant. (Index No. 50610/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated October 4, 2004.
Upon the stipulation of the parties, dated April 7, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23928
L/
|
2004-09573
Dinoris Pacheco, et al., appellants, v William J. O'Donnell, respondent. (Index No. 1805/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 27, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23935
L/
|
2004-09444
Michel Perrier, et al., respondents, v County of Suffolk, appellant. (Index No. 30115/03)
| 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 July 15, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23931
L/
|
2004-10547
Frank Petrocelli, et al., appellants, v Marrelli Development Corp., respondent, et al., defendants. (Index No. 1078/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 14, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23960
PL/sl
|
2004-10155 Roseann Ricca, plaintiff-respondent, v Joseph Valenti, defendant-respondent, Sandra Valenti, appellant. (Index No. 2534/02)
| ORDER ON APPLICATION |
Application by the defendant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Dutchess County, dated October 12, 2004.
ORDERED that the application is granted and the defendant-respondent's time to serve and file a brief is enlarged until June 1, 2005, and the defendant-respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23905
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-04810 Adrianne Salley, plaintiff-respondent, v City of New York, defendant third-party plaintiff-appellant, Carlos Medina, defendant-respondent; Welsbach Electric Corporation, third-party defendant-respondent. (Index No. 3236/97)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 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 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
Appellate Division: Second Judicial Department
M23907
L/
|
2004-10858
Donald J. Schwartz, respondent, v Helen Schwartz, appellant. (Index No. 200467/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 22, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23932
L/
|
2005-01932
Nereida Sostre, respondent, v Travelers Indemnity Company of Connecticut, appellant. (Index No. 49203/03)
| 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 January 13, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23939
L/
|
2004-10258
Springs At Purchase Homeowners Association, Inc., et al., respondents, v Old Oaks Country Club, Inc., et al., defendants, Ralph G. Mastromonaco, P.E., P.C., appellant (and a third party action). (Index No. 15266/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 6, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23940
L/
|
2005-01119
Springs At Purchase Homeowners Association, Inc., et al., respondents, v Old Oaks Country Club, Inc., et al., defendants, Ralph G. Mastromonaco, P.E., P.C., appellant (and a third party action). (Index No. 15266/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 20, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23930
L/
|
2004-09016
Zaina Nagi Thabet, appellant, v William Barker, respondent. (Index No. 20114/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 9, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23897
L/
|
2004-10302 Shmuel Tress, appellant, v Saul Friedland, et al., respondents. (Index No. 4570/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Rockland County, dated October 21, 2004.
Upon the stipulation of the parties, dated March 31, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23911
L/
|
2004-10054
Vardaris Tech, Inc., appellant, v O'Brien Kreitzberg, Inc., respondent. (Index No. 5056/04)
| 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 September 17, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23959
L/
|
2004-02813, 2004-06083
Robert Vitanza, et al., appellants-respondents, v Dwelling Group, Inc., et al., respondents, Rhino Construction Corporation, respondent- appellant. (Index No. 10/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant on an appeal from an order of the Supreme Court, Orange County, dated March 1, 2004 and an appeal and cross appeal from and order of the same court dated June 14, 2004, to withdraw its cross appeal from the order dated June 14, 2004 (Appellate Division Docket No. 2004-06083).
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23924
L/
|
2005-00059
Geraldine Yosco, et al., appellants, v Meadow Redevelopment Company Owners Corporation I, respondent. (Index No. 5148/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 24, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23920
S/sl
|
2004-07030
Rosa Zumba, etc., respondent, v Rachel Stevko, et al., defendants, Sergey Fesenko, et al., respondents-appellants, Sunrise Medical Labs, Inc., et al., appellants- respondents. (Index No. 38304/02)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 3, 2004.
ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until June 13, 2005, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]), and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering briefs, including their points of argument on the cross appeals, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the respondent shall serve and file her brief within 30 days after service upon her of the respondents-appellants' briefs; and it is further,
ORDERED that the appellants-respondents' reply brief shall be served and filed within 30 days after service upon them of the respondent's brief; the respondents-appellants shall serve and file their reply briefs, if any, within 10 days after service upon them of the appellants-respondents' reply brief.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23840
A/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-01539 In the Matter of Anthony Anderson, appellant, v Glenn S. Goord, etc., et al., respondents.
(Index No. 4676/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated January 20, 2005, as a poor person, to waive the filing fee, and for free transcripts.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 branches of the motion which are to waive the filing fee and for free transcripts are denied.
ADAMS, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23962
PL/sl
|
2004-07324 Matter of Sandee Friedland, appellant, v Benjamin J. Schwartz, et al., respondent. (Index No. 5313/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Orange County, dated July 13, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 16, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23951
F/
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2004-10031, 2004-10032, 2004-10033
In the Matter of Alfredo H. (Anonymous), appellant. (Docket Nos. D-21240-02, D-9942-03, E-1625-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute appeals from three orders of the Family Court, Kings County, all dated October 12, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the Law Guardian, Jacquelyn R. Bullock, 26 Court Street, Suite 2401, Brooklyn, New York 11201, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:
Francine Shraga, Esq.
869 East 12th Street
Brooklyn, New York 11230
(718) 377-4894
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
SANTUCCI, J. P., GOLDSTEIN, CRANE, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23958
C/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2005-02588 In the Matter of Christopher McNamara, petitioner, v Hope Pasqualini, respondent. (Docket No. V-15738-02)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to appeal to this court from stated portions of an order of the Family Court, Westchester County, dated February 18, 2005. Separate motion by the Law Guardian for the parties' child for the same relief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied.
SANTUCCI, J.P., GOLDSTEIN, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23965
C/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2004-10685, 2004-10687 In the Matter of Mario Rosemond, respondent, v Melange Derice, appellant. (Docket No. V-3259/03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant in a proceeding 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, both dated November 5, 2004, and to grant the appellant leave to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition to or in relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before April 28, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before May 19, 2005, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
SANTUCCI, J.P., GOLDSTEIN, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23954
PL/sl
|
2004-09001 In the Matter of George Thorsen, appellant, v Nassau County Civil Service Commission, respondent. (Index No. 11658/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 20, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 13, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23893
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-11060
The People, etc., respondent, v Jose Carmona, a/k/a Jose Cruz, appellant. (Ind. No. 04-00446)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered December 13, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED 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:
Steven Feldman, Esq.
626 EAB Plaza
West Tower - Sixth Floor
Uniondale, New York 11556
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., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 6788
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M23943
A/sl
ANITA R. FLORIO, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
1995-03465
The People, etc., respondent, v Daniel Connelly, appellant. (Ind. No. 9473/94)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, rendered April 4, 1995.
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 appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until October 18, 2005.
FLORIO, J.P., SANTUCCI, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23892
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-01661
The People, etc., respondent, v Miguel Cortes, appellant. (Ind. No. 04-00488)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered February 22, 2005, 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:
Gary Eisenberg, Esq.
129 Brooks Avenue
Monroe, New York 10950
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., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 1020
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M23909
F/
DAVID S. RITTER, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2005-00171 The People, etc., respondent, v Nestor Cruz, appellant. (Ind. No. 04-00283)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Orange County, rendered August 13, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the County Court, Orange County, rendered August 13, 2004.
RITTER. J.P., LUCIANO, MASTRO, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23890
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-05424
The People, etc., respondent, v Ray Eastwood, appellant. (Ind. No. 03-00901)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered June 10, 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:
Salvatore Adams, Esq.
350 Fifth Avenue - Suite 3304
New York, New York 10118-0069
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., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 3368
Auburn Corr. Fac.
Box 618
Auburn, New York 13024
Appellate Division: Second Judicial Department
M23895
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-01707, 2005-01708
The People, etc., respondent, v Cesar Garcia, appellant. (Ind. Nos. 04-00551, 04-00594)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute appeals from two judgments of the County Court, Orange County, both rendered January 24, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the 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 appeals:
Richard L. Herzfeld, Esq.
555 5th Avenue - 14th Floor
New York, New York 10007
and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.
ADAMS, J.P., RITTER, GOLDSTEIN, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 0463
Adirondack Corr. Fac.
Box 110
Ray Brook, New York 12977-0110
Appellate Division: Second Judicial Department
M21868
F/
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2005-00485
The People, etc., respondent, v Katherine Kearney, appellant. (Ind. No. 99-00647)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Orange County, rendered November 18, 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 granted; and it is further,
ORDERED that the appellants's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondents' briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that 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 upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated in or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion or in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
John Savoca, Esq.
One Barker Street - Suite 135
White Plains, New York 10601
and 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.
ADAMS, J.P., SANTUCCI, GOLDSTEIN, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 G 1100
Bedford Hills Corr. Fac.
Box 1000
Bedford Hills, New York 10507
Appellate Division: Second Judicial Department
M23889
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-01964
The People, etc., respondent, v Jean LaFontant, appellant. (Ind. No. 04-00205)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Rockland County, rendered February 10, 2005, 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:
James Licata
Office of the Public Defender
11 New Hemstead Road
New City, New York 10956-3664
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., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 0761
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M23900
F/
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-09389
The People, etc., respondent, v Jason Madison, appellant. (Ind. No. 04-00161)
| 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 October 20, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition 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. Schiffman, Esq.
11 E. Main Street
P.O. Box 128
Washingtonville, New York 10992
and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.
H. MILLER, J.P., KRAUSMAN, CRANE, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
Please make inquiry to the State Inmate Locator
New York State Department of Correctional Services
Telephone: (518) 457-0043
Appellate Division: Second Judicial Department
M23894
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2003-04378
The People, etc., respondent, v Timothy Mann, appellant. (Ind. No. 02-00739)
| 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 April 14, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Neal Futerfas, Esq.
50 Main Street
White Plains, New York 10606
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.
ADAMS, J.P., RITTER, GOLDSTEIN, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 2370
Coxsackie Corr. Fac.
Box 999
Coxsackie, New York 12051
Appellate Division: Second Judicial Department
M23898
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-01164
The People, etc., respondent, v Peggy McCray, appellant. (Ind. No. 04-00684)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered January 27, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that 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:
Michele Marte-Indzonka, Esq.
46 South Plank Road
Newburgh, New York 12550
and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.
ADAMS, J.P., RITTER, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 G 0099
Bedford Hills Corr. Fac.
247 Harris Road
Bedford Hills, New York 10507
Appellate Division: Second Judicial Department
M23896
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-07085
The People, etc., respondent, v Ramon Santos Mispas, appellant. (Ind. No. 03-00989)
| 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 July 30, 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:
Janet Gandolfo, Esq.
174 Webber Avenue
Sleepy Hollow, New York 10591
and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.
H. MILLER, J.P., COZIER, GOLDSTEIN, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 R 3317
Gouverneur Corr. Fac.
Box 480
Gouverneur, New York 13642
Appellate Division: Second Judicial Department
M23949
F/
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2005-00368
The People, etc., respondent, v Michael O'Connor, appellant. (Ind. No. 8/04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Putnam County, rendered December 14, 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 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:
Susan Caplin, Esq.
344 Main Street
Mt. Kisco, New York 10549
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.
SANTUCCI, J.P., GOLDSTEIN, CRANE, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
829 Bronx River Road
Bronxville, New York 10708
Appellate Division: Second Judicial Department
M23822
C/sl
ANITA R. FLORIO, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2003-05795 The People, etc., respondent, v Indar Pittam, appellant. (Ind. No. 1063/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Queens County, rendered June 18, 2003, to enlarge the time to serve and file a brief, and for leave to serve and file an oversized brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; the respondent shall serve and file a brief on or before May 25, 2005; and it is further,
ORDERED that the branch of the motion which is for leave to serve and file an oversized brief is denied, without prejudice to the respondent making an application to the Clerk of this court for such relief (see 22 NYCRR 670.10.3[e]).
FLORIO, J.P., SANTUCCI, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M23946
F/
BARRY A. COZIER, J.
|
2004-07945 The People, etc., plaintiff, v Satrohan Singh, defendant. (Ind. No. 4147/97)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated August 16, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
BARRY A. COZIER
Associate Justice
Appellate Division : Second Judicial Department
M23945
F/
BARRY A. COZIER, J.
|
2005-00210 The People, etc., plaintiff, v Satrohan Singh, defendant. (Ind. No. 4147/97)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated December 10, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
BARRY A. COZIER
Associate Justice
Appellate Division: Second Judicial Department
M23884
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2003-05729
The People, etc., respondent, v Paul Wellington, appellant. (Ind. No. 1123/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to recall and vacate a decision and order on motion of this court, dated September 23, 2004, which granted his application for leave to serve and file a supplemental brief on his appeal from a judgment of the County Court, Nassau County, rendered June 5, 2003, and to deem the application withdrawn.
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, the decision and order on motion dated September 23, 2004, is recalled and vacated, and the appellant's application for leave to serve and file a supplemental brief is deemed withdrawn.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23891
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-01549
The People, etc., respondent, v Anthony Wieners, appellant. (Ind. No. 04-00100)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered February 10, 2005, 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:
Mark Diamond, Esq.
Box 287356
Yorkville Station
New York, New York 10128
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., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 0779
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M23887
F/
ANITA R. FLORIO, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2004-07982 The People, etc., respondent, v Francis A. Zarro, Jr., appellant. (Ind. No. 23/03)
| DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes |
Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the County Court, Dutchess County, rendered November 18, 2004, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,
ORDERED that the motion is otherwise 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, if any, 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); retained 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 retained counsel; 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 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 in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if 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 retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged. Retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
FLORIO, J.P., SANTUCCI, MASTRO, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
David L. Steinberg, Esq.
Law Offices of Mickey A. Steiman
4419 Albany Post Road
Post Office Box 665
Hyde Park, New York 12538