Appellate Division: Second Judicial Department
M25952
R/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
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2004-10980 ABN-AMRO Mortgage Group, Inc., respondent, v Carlos Miles, appellant.
(Index No. 01121/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, in effect, inter alia, to reargue his prior motion to stay his eviction from the subject premises pending hearing and determination of an appeal for an order of the Supreme Court, Suffolk County, dated November 8, 2004, which was determined by decision and order on motion of this court dated May 10, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25949
CF/
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2004-10435 AMW Materials Testing, Inc., et al., appellants, v Town of Babylon, et al., respondents. (Index No. 23523/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 7, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25968
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
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2004-01990, 2004-03198
Danielle Adone, et al., respondents, v Christopher Paletto, et al., appellants. (Index No. 11928/03)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants for leave to withdraw appeals from an order of the Supreme Court, Richmond County, dated February 13, 2004, and an order and judgment (one paper) of the same court dated February 19, 2004.
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.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
M25979
M/nal
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2005-02206
Suzanne Gold Alliker, appellant, v Ephraim Benjamin Alliker, respondent. (Index No. 20455/03)
| ORDER TO SHOW CAUSE |
Appeal by Suzanne Gold Alliker from an order of the Supreme Court, Westchester County, dated January 12, 2005. By scheduling order dated April 14, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Supreme Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated April 14, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before June 20, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26007
A/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
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2004-07998 Bay Islip Associates, appellant-respondent, v State of New York, respondent-appellant. (Claim No. 101406)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant on an appeal and cross appeal from a judgment of the Court of Claims, dated August 3, 2004, to enlarge its time to serve and file an answering brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the time of the respondent-appellant to serve and file an answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until June 30, 2005.
ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25953
CF/
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2004-10242 Blaustein & Company, LLP, respondent, v Michael Oil, appellant. (Index No. 17785/02)
| 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 September 18, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25958
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2005-03798 Tyler Boock, et al., appellants, v Winthrop University Hospital, et al., defendants, John L. Gomez, M.D., P.C., et al., respondents. (Index No. 4642/03)
| 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 March 3, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25945
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ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
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2004-07338 Linda G. Cheung, respondent, v Dominican Convent of Our Lady of the Rosary, et al., appellants, et al., defendants. (Action No. 1) (Index No. 28490/02) Marianne Morelli, plaintiff, v Guang Wei Guan, et al., defendants. (Action No. 2) (Index No. 8679/02) Zhi Heng Peng, respondent, v Margaret Talbot, et al., defendants, Marianne Morelli, et al., appellants. (Action No. 3) (Index No. 12260/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants Dominican Convent of Our Lady of the Rosary and Marianne Morelli to stay the trial in the above-entitled actions pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 19, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., SANTUCCI, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25975
L/
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. LIFSON, JJ.
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2004-04333 Meir Davidson, et al., respondents, v Krause Enterprises, et al., appellants. (Index No.20344/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 21, 2004.
Upon the stipulation of the attorneys for the respective parties, dated May 13, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
FLORIO, J.P., ADAMS, MASTRO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25973
L/
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
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2004-01813 Elizabeth Deudon, etc., respondent, v North Shore University Hospital, et al., appellants. (Index No.25260/97)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw appeals from an order of the Supreme Court, Queens County, dated October 16, 2003.
Upon the stipulation of the attorneys for the respective parties, dated May 23, 2005, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25972
L/
A. GAIL PRUDENTI, PJ.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
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2004-01280 Focus Interactive, Inc., respondent, v Infospace, Inc., appellant. (Index No. 11873/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 5, 2004.
Upon the stipulation of the attorneys for the respective parties, dated May 24, 2005, 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
M25999
J/sl
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2004-10154
Eric Gaylord, et al., appellants, v John Fiorilla, et al., respondents. (Index No. 663/03)
| ORDER ON APPLICATION |
Application by the respondent Dennis Tompkins 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, Putnam County, dated October 5, 2004.
ORDERED that the application is granted and the time of the respondent Dennis Tompkins to serve and file a brief is enlarged until July 11, 2005, and that 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
M25981
M/nal
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2004-10945 Michael Jean, appellant, v Christina Vilar Jean, respondent. (Index No. 11099/02)
| SCHEDULING ORDER |
Appeal by Michael Jean from a judgment of the Supreme Court, Queens County, dated October 27, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until June 30, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25985
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
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2004-06731
James Johnson, Jr., respondents, v Kuraki America Corporation, appellant- respondent; Hopkins Machinery Company, Inc., respondent-appellant. (Index No. 12406/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Separate applications to withdraw an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated July 13, 2004.
Upon the stipulation of the attorneys for the respective parties, dated October 13, 2004, it is
ORDERED that the applications are granted and the appeal and cross appeal are 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
M25950
CF/
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2005-00149 Adam Kiluk, plaintiff respondent-appellant, v Hastings Development Corp., defendant third-party plaintiff appellant-respondent, Namar Contractors, Inc., defendant-respondent; Tytan A. Contracting, Inc., third-party defendant- respondent. (Index No. 20826/96)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent and the respondent-appellant to withdraw their respective appeal and cross appeal from an order of the Supreme Court, Queens County, dated October 4, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25996
M/nal
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2005-01892
Valerie Knaster, respondent, v Robert Knaster, appellant. (Index No. 201532/00)
| ORDER TO SHOW CAUSE |
Appeal by Robert Knaster from a judgment of the Supreme Court, Nassau County, dated January 19, 2005. By scheduling order dated March 11, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated March 11, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before June 20, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25946
CF/
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2005-02894 Gazmend Krkuti, respondent, v Colonial Cooperative Insurance Company, appellant. (Index No. 6000/03)
| 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 28, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25948
CF/
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2005-00737 Terrence Lanahan, appellant, v Judith Lanahan, respondent. (Index No. 25549/96)
| 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 30, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25983
L/
HOWARD MILLER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
ROBERT A. LIFSON, JJ.
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2004-04984 Levinson & Santoro Electric Corp., respondent, v Morse Diesel International, etc., appellant, et al., defendants. (Index No. 28662/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 23, 2004.
Upon the stipulation of the attorneys for the respective parties, dated May 18, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
H. MILLER, J.P., S. MILLER, GOLDSTEIN, MASTRO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25990
J/sl
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2004-10578
Matthieu Maceno, appellant, v Franklin Hospital Medical Center, et al., respondents. (Index No. 1770/00)
| 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, Kings County, dated September 29, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 22, 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
M25951
CF/
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2004-10751 Marders Landscape Store, Inc., respondent, v Peter Barylski, appellant. (Index No. 6623/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25903
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
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2005-04107 People of the State of New York, respondent, v Ronald Perser, appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a determination of the County Court, Westchester County, dated March 28, 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 that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the County Court, Westchester County, continues on 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 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 in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 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 the filing fee is waived (see CPLR 1103[d]); 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.
FLORIO, J.P., KRAUSMAN, LUCIANO, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25930
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
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2004-08418
People of the State of New York, respondent, v Richard Windham, appellant.
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment |
Motion by counsel assigned to represent the appellant before the County Court, Suffolk County, in connection with proceedings pursuant to Correction Law § 168-n, to be relieved of an assignment to prosecute an appeal from a determination of the County Court, Suffolk County, dated August 30, 2004, and to assign new counsel to represent the appellant on the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the former counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Andrew S. Worgan, Esq.
30 Colby Drive
Kings Park, New York 11754
and it is further,
ORDERED that pursuant to Correction Law article 6-C the appellant's status as a poor person continues on 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 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 in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 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 the filing fee is waived (see CPLR 1103[d]); 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 FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25959
CF/
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2005-01425 Abdul Qadir, et al., respondents, v Board of Education of South Country Central School District, et al., appellants. (Index No. 13920/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 13, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25955
CF/
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2005-02351 Michael Sasson, et al., appellants, v Setina Manufacturing Company, Inc., et al., respondents. (Index No. 4876/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated January 25, 2005.
Upon the stipulation of the parties, dated April 4, 2005, it is
ORDERED that the appeal insofar as asserted against Ford Motor Company is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25989
M/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
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2005-00522
Dominick Servidio, appellant, v Tanya Linzalone Servidio, respondent. (Index No. 203472-02)
| DECISION & ORDER ON MOTION |
Appeal by Dominick Servidio from an order of the Supreme Court, Nassau County, dated December 6, 2004. By decision and order on motion dated March 31, 2005, the appellant was given until May 9, 2005, to perfect the above-entitled appeal. The appeal has not been perfected.
On the court's own motion it is
ORDERED that the appeal is dismissed, without costs or disbursements.
PRUDENTI, P.J., FLORIO, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25987
Y/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
DANIEL F. LUCIANO, JJ.
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2004-07042 Lori Stadok, respondent, v Ishay Stadok, appellant. (Index No. 204052/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated July 12, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until June 17, 2005, and the reply brief must be served and filed on or before that date.
COZIER, J.P., RITTER, SANTUCCI and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25947
CF/
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2005-00238 Wayne B. Witte, appellant, v David J. Bourchet, et al., respondents. (Index No. 6796/03)
| 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 December 7, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25931
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
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2005-03543
In the Matter of Sophia B. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Joanne B. (Anonymous), appellant; et al., respondent. (Docket No. N-3344-04)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the Law Guardian to be relieved of an assignment to represent the child on an appeal from an order of the Family Court, Orange County, dated March 23, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the Law Guardian, Cheryl E. Maxim, Esq., Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, 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 child:
Todd Kadish, Esq.
PMB # 2264
1412 Avenue M
Brooklyn, New York 11230
(917) 968-1811
ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25976
M/nal
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2005-02956 In the Matter of Holly Belgrave, appellant, v Simeon Mingo, respondent. (Docket No. O-14462-03)
| SCHEDULING ORDER |
Appeal by Holly Belgrave from an order of the Family Court, Kings County, dated February 22, 2005. By decision and order on motion of this court dated May 18, 2005, the following attorney was assigned as counsel on the appeal:
Salvatore C. Adamo, Esq.
PMB 40
350 Fifth Avenue - Suite 3304
New York, New York 10118-0069
(212) 964-7903
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated May 18, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M25966
M/nal
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2004-10150
In the Matter of Tara C. (Anonymous). Administration for Children's Services, petitioner- respondent; Lavonne C. (Anonymous), respondent; Norman C. (Anonymous), appellant. (Docket No. 20552/01)
| DECISION & ORDER ON MOTION |
Appeal by Norman C. from an order of the Family Court, Kings County, dated May 5, 2003. By decision and order on motion dated March 23, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person and for the assignment of counsel upon papers establishing that he was entitled to that relief and indicating that he is interested in pursuing the appeal on or before April 27, 2005. The appellant has failed to do so. By order to show cause dated May 17, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding.
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied on condition that, within 20 days from the date of this decision and order on motion, the appellant either submit an affidavit indicating that he has ordered the transcripts in the above-entitled proceeding, or that there are no transcripts to be ordered and that he will perfect the appeal within 60 days, or move to renew his motion for leave to prosecute the appeal as a poor person and for the assignment of counsel; and it is further,
ORDERED that should the appellant fail to comply with the above-stated conditions, the appeal shall be dismissed without further notice to him.
ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25977
R/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2005-03488 In the Matter of Seasia D. (Anonymous). Mr. and Mrs. Anonymous, appellants; Kareem W. (Anonymous), et al., respondents.
(Docket No. A-17771-04)
| DECISION & ORDER ON MOTION |
Motion by the Law Guardian for the infant biological mother, in effect, to modify or vacate a decision and order on motion of this court dated April 27, 2005, which stayed all proceedings in the above-entitled matter pending hearing and determination of an appeal from an order of the Family Court, Queens County, dated April 5, 2005.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25974
R/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2003-02544 In the Matter of Eastport Alliance, etc., et al., appellants, v Jackie Lofaro, etc., et al., respondents. (Index No. 16823/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from a judgment of the Supreme Court, Suffolk County, entered February 11, 2003, which was determined by decision and order of this court dated December 20, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SANTUCCI, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25986
M/nal
A. GAIL PRUDENTI, P.J.
BARRY A. COZIER
FRED T. SANTUCCI
ROBERT A. LIFSON, JJ.
|
2004-07873, 2004-07874
In the Matter of H. (Anonymous) Children. Episcopal Social Services, appellant; Ada H. (Anonymous), et al., respondents. (Docket Nos. B-16066/01, B-25284/02, B-25285/02, B-25286/02)
| DECISION & ORDER ON MOTION |
Appeals by Episcopal Social Services from two orders of the Family Court, Kings County, dated March 31, 2004, and August 13, 2004, respectively. By order to show cause dated April 19, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated September 15, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until June 30, 2005.
PRUDENTI, P.J., COZIER, SANTUCCI and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25971
M/nal
|
2004-08984 In the Matter of Jennifer L. Hosza-Dzielak, respondent, v Andrea Hosza, appellant. (Docket No. F-02839/04)
| SCHEDULING ORDER |
Appeal by Andrea Hosza from an order of the Family Court, Nassau County, dated August 25, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until June 24, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25984
M/nal
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2004-11047
In the Matter of Ferdinand Joseph Huber, respondent, v AnnaMarie Huber, appellant. (Docket No. O-3796-04)
| DECISION & ORDER ON MOTION |
Appeal by AnnaMarie Huber from an order of the Family Court, Dutchess County, dated November 15, 2004. By decision and order on motion dated March 21, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person upon papers establishing that she was entitled to that relief and indicating that she is interested in pursuing the appeal on or before May 6, 2005. The appellant has failed to do so. By order to show cause dated May 17, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding.
Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements.
ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25978
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-02488 In the Matter of Island ADC, Inc., appellant, v Hauppauge Hotels, LLC, et al., respondents. (Index No.28450/03)
| 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, Suffolk County, dated January 22, 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
M25967
M/nal
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2005-00310
In the Matter of Yevgeniya Medovaya, respondent, v Yuriy Medovoy, appellant. (Docket No. F-09304/02)
| DECISION & ORDER ON MOTION |
Appeal by Yuriy Medovoy from an order of the Family Court, Kings County, dated December 6, 2004. By order to show cause dated May 17, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated March 28, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been the papers filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated March 28, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25982
M/nal
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2004-08257 In the Matter of Constance P. (Anonymous), petitioner-respondent, v Avram G. (Anonymous), a/k/a Avraam G. (Anonymous), respondent; Nikos G. (Anonymous), nonparty-appellant. (Docket No. P-14826-03)
| SCHEDULING ORDER |
Appeal by Nikos G. from an order of the Family Court, Queens County, dated August 13, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 28, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until June 20, 2005; and it is further,
ORDERED that no further enlargement of time shall be granted.
ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25980
M/nal
|
2004-09764 In the Matter of Deanna R. (Anonymous). Suffolk County Department of Social Services, respondent; Sharon R. (Anonymous), appellant. (Docket No. N-14469-03)
| SCHEDULING ORDER |
Appeal by Sharon R. from an order of the Family Court, Suffolk County, dated October 8, 2004. The appellant's brief was filed in the office of the Clerk of this court on May 19, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M25957
J/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-01454 In the Matter of Rita R. (Anonymous). Andrea S. Kerner, appellant-respondent; Richard Rosenberg, respondent-appellant. (File No. 326216)
| DECISION & ORDER ON MOTION |
Motion by Alzheimer's Foundation of America for leave to file an amicus curiae brief on an appeal from an order of the Surrogate's Court, Nassau County, dated January 7, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the amicus curiae brief must be served on the parties, and nine copies filed in this court on or before June 3, 2005; and it is further,
ORDERED that service of the amicus curiae brief must be by personal delivery pursuant to CPLR 2103(b)(1) to counsel for all parties; and it is further,
ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,
ORDERED that the parties, if they be so advised, must serve and file their respective reply briefs to the amicus curiae brief on or before June 9, 2005.
ADAMS, J.P., KRAUSMAN, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25994
M/nal
|
2004-10685, 2004-10687
In the Matter of Mario Rosemond, respondent, v Melange Derice, appellant. (Docket No. V-3259/03)
| ORDER TO SHOW CAUSE |
Appeals by Melange Derice from two orders of the Family Court, Queens County, both dated November 5, 2004. By decision and order on motion of this court dated April 12, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeals as a poor person on or before May 19, 2005. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before June 20, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25969
M/nal
|
2004-06611, 2004-06613 In the Matter of Gail Tabernuro, respondent, v Reginald Jones, appellant. (Docket No. V-12964-02, V-27181-01, O-34251-03)
| SCHEDULING ORDER |
Appeals by Reginald Jones from two orders of the Family Court, Kings County, both dated July 8, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 12, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeals is enlarged until June 17, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25970
M/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2005-01784 In the Matter of Vanessa Thomas, respondent, v Jahmar Shaddi, appellant. (Docket No. O-16415-04)
| DECISION & ORDER ON MOTION |
Appeal by Jahmar Shaddi from an order of the Family Court, Queens County, dated January 26, 2005. By order to show cause dated May 3, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated March 3, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been the papers filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated March 3, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
FLORIO, J.P., KRAUSMAN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25956
CF/
|
2005-01758 In the Matter of Eric Tompkins, respondent, v Bridgette Kellar, appellant. (Docket No. V-26-05)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated January 21, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26010
S/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2003-05058 In the Matter of Village of Harriman, petitioner; Town of Monroe, respondent.
| DECISION & ORDER ON MOTION |
Motion by the respondent in a proceeding pursuant to General Municipal Law § 712 for leave to amend its answer to, among others things, assert an affirmative defense that the petitioner failed to comply with article 8 of the Environmental Conservation Law before adopting a resolution approving the annexation of the subject property, and, upon amending the answer, to dismiss the petition based thereon.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25928
F/
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2005-00902
The People, etc., respondent, v Oneil Clarke, appellant. (Ind. No. 1745/04)
| 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 Supreme Court, Nassau County, rendered January 21, 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:
Bruce Bekritsky, Esq.
1551 Kellum Place
Mineola, New York 11501
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., S. MILLER, RITTER, 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
M25954
CF/
|
2003-11240 The People, etc., respondent, v Prince Faines, appellant. (Ind. No. 10686/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Queens County, rendered November 25, 2003.
Upon the stipulation of the parties, dated May 23, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25988
J/sl
|
2004-01967 The People, etc., respondent, v Awad Ragunauth, appellant. (Ind. No. 1968/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered February 10, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 8, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25932
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2002-05704 The People, etc., respondent, v Lee Robinson, appellant. (Ind. No. 2304-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered April 23, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
ADAMS, J.P., RITTER, GOLDSTEIN, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
92 A 2638
Mohawk Corr. Fac.
Box 8451
Rome, New York 13442
Appellate Division: Second Judicial Department
M25929
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2005-02134
The People, etc., respondent, v Roy Wright, appellant. (Ind. No. 130/04)
| 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, Nassau County, rendered July 1, 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:
Martin Goldberg, Esq.
P.O. Box 236
Franklin Square, New York 11010
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 FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 R 3717
Cayuga Corr. Fac.
Box 1186
Moravia, New York 13118