Appellate Division: Second Judicial Department
M26081
A/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT A. LIFSON, JJ.
|
2004-02261, 2004-06875 Olga Arguinzoni, appellant, v Parkway Hospital, et al., respondents. (Index No. 16738/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue appeals from two orders of the Supreme Court, Queens County, dated January 5, 2004, and July 9, 2004, respectively, which were determined by decision and order of this court dated January 31, 2005, 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.
KRAUSMAN, J.P., LUCIANO, MASTRO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26054
CF/
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2005-00324 Diane M. Armstrong, appellant, v Thomas C. Armstrong, respondent. (Index No. 24417/99)
| 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 December 10, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M26050
CF/
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2004-10228 Bi-Qin Li, respondent, v New Century Chinese Restaurant, et al., appellants, et al., defendants. (Index No. 8452/04)
| 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 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M26063
CF/
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2004-10841 Michelle Bianco, et al., respondents, v Santos Ixelda, et al., appellants. (Index No. 31945/01)
| 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 October 27, 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
M26057
CF/
|
2005-00770 Catherine Cervelli, plaintiff-respondent, v Clifton Catering, LLC, d/b/a Embassy Terrace Catering Hall, defendant-respondent, 401 Avenue U, LLC, appellant. (Index No. 21306/02)
| 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 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
M26062
CF/
|
2005-00105 Sidney Cook, respondent, v Hoyt Transportation Corporation, et al., appellants. (Index No. 47231/02)
| 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 October 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26074
S/sl
|
2004-10703 Naima Dayan, etc., et al., respondents, v Joseph Yurkowski, a/k/a Joseph York, defendant third-party plaintiff-appellant; Esther Yurkowski, a/k/a Esther York, third-party defendant. (Index No. 22526/93)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated May 3, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 1, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26072
A/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2003-11309 Fiber Consultants, Inc., respondent, v Fiber Optek Interconnect Corp., et al., appellants. (Index No. 2697/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order and interlocutory judgment (one paper) of the Supreme Court, Dutchess County, entered December 19, 2003, which was determined by decision and order of this court dated February 22, 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, with $100 costs.
FLORIO, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26073
S/sl
|
2004-10721
Susan Gleizer, respondent, v American Airlines, Inc., et al., defendants, Laro Service Systems, Inc., appellant. (Index No. 26796/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated October 14, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 21, 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
M26052
CF/
|
2005-02338 Bernard Glickman, et al., respondents, v Thomas M. Letizia, appellant. (Index No. 5436/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated January 31, 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
M26020
A/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2005-03015 Frank Grillo, appellant, v Winnifred Grillo, respondent; Gary Gramer, nonparty.
(Index No. 23105/04)
| DECISION & ORDER ON MOTION |
Appeal by Frank Grillo from an order of the Supreme Court, Suffolk County, dated March 21, 2005. By order to show cause dated April 8, 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 on the ground that the appellant was not aggrieved by the order appealed from.
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.
FLORIO, J.P., SCHMIDT, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26047
CF/
|
2005-03997 Petra Maxwell, respondent, v Town Sports International, Inc., a/k/a New York Sports Club, et al., appellants. (Index No. 27303/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 22, 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
M26079
A/sl
BARRY A. COZIER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-08301 John McGrath, appellant, v Cheryl D'Angio-McGrath, respondent. (Index No. 18305/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a decision of the Supreme Court, Suffolk County, dated July 22, 2004, for leave to proceed on the original papers, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the motion is denied as academic.
COZIER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26048
CF/
|
2005-04368 Mi Soon Sung, respondent, v Rachel L. Stevko, et al., defendants, Sergy Fesenko, et al., appellants. (Index No. 27483/03)
| 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 23, 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
M25940
E/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2005-01803 Torry Moorer, et al., plaintiffs, v Michael Ervin, et al., respondents; Torry Moorer, counterclaim defendant-appellant. (Index No. 29290/02)
| DECISION & ORDER ON MOTION |
Motion by Torry Moorer, defendant on the respondents' counterclaim, on an appeal from an order of the Supreme Court, Queens County, dated November 16, 2004, to amend the notice of appeal to reflect that Torry Moorer, defendant on the respondents' counterclaim, is the proper appellant.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is granted and the notice of appeal is deemed corrected to reflect that Torry Moorer, defendant on the respondents' counterclaim, is the proper appellant (see Matter of Tagliaferri v Weiler, 1 NY3d 605; see also CPLR 2001); and it is further,
ORDERED that on the court's own motion, on or before June 20, 2005, the appellant shall file the record on the appeal and the appellant's brief; and it is further,
ORDERED that on the court's own motion, the respondents' time to serve and file a brief is enlarged until July 20, 2005, and the respondents' brief must be served and filed on or before that date.
ADAMS, J.P., S. MILLER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26049
CF/
|
2005-02500 New York City Transit Authority, et al., respondents, v Whitman Painting Corporation, et al., defendants, Rallo Tile Company, appellant. (Index No. 22475/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated February 2, 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
M26037
J/sl
|
2004-10753, 2005-02878 Scott Parkin, et al., appellants, v Louis S. Ederer, et al., respondents. (Index No. 25851/01)
| ORDER ON APPLICATION |
Application by the appellants on appeals from two orders of the Supreme Court, Suffolk County, dated November 9, 2004, and February 1, 2005, respectively, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order dated November 9, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal from the order dated November 9, 2004, is enlarged until August 18, 2005, and the record or appendix on that appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25933
F/
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
GLORIA GOLDSTEIN, JJ.
|
2004-10448 People of the State of New York, respondent, v Stephen Graeber, appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the County Court, Westchester County, dated November 8, 2004, in effect, for leave to proceed pro se as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition 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 County Court and, pursuant to Correction Law § 168-n (3), his status as a poor person 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 Clerk of this court, who shall deliver same to the person in charge of the institution wherein the appellant is incarcerated for the appellant's examination and use. The transcript shall be returned to this court when the appellant files his appellate brief; 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 and deliver same to the Clerk of this court; and it is further,
ORDERED that 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; and it is further,
ORDERED that at the time the appellant files his brief, he shall also file a properly executed waiver of his right to appellate counsel, which waiver shall read as follows:
WAIVER OF RIGHT TO APPELLATE COUNSEL
I have been advised that (1) I have the right to be represented by an attorney in prosecuting my appeal, and (2) if I cannot afford to retain counsel, one will be assigned to represent me at State expense. Knowing these rights I have voluntarily elected to waive them and to represent myself on the appeal. I have not been forced to waive my rights and I believe myself to be of sufficient intelligence and ability to properly protect my own interests without the assistance of a lawyer to, among other things, write an appellate brief.
Stephen Graeber
State of )
) ss.
County of )
On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same, and that by his signature on the instrument, the individual executed the instrument.
Notary Public
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; and it is further,
ORDERED that the appellant shall file nine copies of his brief and serve one copy on the District Attorney.
H. MILLER, J.P., SCHMIDT, ADAMS, and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
02-A-4995
Oneida Correctional Facility
Box 4580
Rome, New York 13442
Appellate Division: Second Judicial Department
M26028
A/sl
HOWARD MILLER, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2003-05832 People of the State of New York, respondent, v Denis Villela, appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a determination of the County Court, Nassau County, dated May 27, 2003.
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, and assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
H. MILLER, J.P., RIVERA, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26056
J/sl
|
2004-03543
Ryszard Pilch, respondent-appellant, v Board of Education of City of New York, et al., appellants-respondents. (Index No. 13860/99)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from a judgment of the Supreme Court, Kings County, entered March 15, 2004.
ORDERED that the application is granted, and the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, on or before July 7, 2005 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26059
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 15, 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
M26071
E/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2005-04671 Mahmood Sabet, appellant, v Doreen Heller Sabet, respondent.
(Index No. 203760/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of stated portions of an order of the Supreme Court, Nassau County, dated April 18, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., LUCIANO, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26030
PL/sl
|
2004-08162 Warren Seeley, et al., appellants, v Dallao Restaurant, et al., respondents. (Index No. 14019/95)
| ORDER ON APPLICATION |
Application by the respondents 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, Suffolk County, entered August 10, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until June 13, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26035
J/sl
|
2004-08844
Gregory V. Serio, respondent, v Allcity Insurance Company, appellant. (Index No. 11584/03)
| 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, Nassau County, dated August 5, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 30, 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
M26046
A/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-04572 Rubin Sterngass, appellant, v Harry Soffer, et al., respondents. (Index No. 958/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to recall and vacate so much of a decision and order on motion of this court dated December 27, 2004, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - December 2004 Calendar" as dismissed an appeal from a judgment of the Supreme Court, Rockland County, dated March 3, 2004, for failure to timely perfect, and to reinstate the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25939
PL/sl
|
2004-10267 Jason E. Strange, appellant, v County of Westchester, et al., respondents. (Index No. 16041/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated October 13, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 14, 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
M26055
CF/
|
2005-01064 Gabrialle Taylor, respondent, v Renrick Benn, etc., appellant. (Index No. 5136/02)
| 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 December 17, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26043
PL/sl
|
2004-10819
Howard Tenenbaum, et al., appellants, v Romles Gibbs, et al., defendants, Eastern Savings Bank, FSB, respondent. (Index No. 19449/04)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated September 24, 2004.
ORDERED that the application is denied as academic as the appeal was perfected on May 31, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26025
S/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2004-10349
Vardon, Inc., respondent, v Suga Development, LLC, appellant. (Index No. 7124/01)
| ORDER TO SHOW CAUSE |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a purported order and judgment (one paper) of the Supreme Court, Rockland County, dated October 20, 2004.
Now, on the court's own motion, it is
ORDERED that the parties or their attorneys are directed to show cause why an order should or should not be entered dismissing the appeal on the ground that the purported order and judgment is merely a decision from which no appeal lies (see Schicchi v Green Constr. Corp., 100 AD2d 509), by each filing an affirmation or affidavit on that issue with the Clerk of this court, on or before June 24, 2005, and the application to enlarge the time to perfect the appeal is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the parties or their attorneys by regular mail.
S. MILLER, J.P., LUCIANO, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26084
A/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2005-03182 Theodore Verios, appellant, v Patricia A. Wills, et al., respondents. (Index No. 22255/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated March 29, 2004, for failure to timely perfect the same.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
RITTER, J.P., GOLDSTEIN, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26053
J/sl
|
2005-01611 Sondra Worthy, respondent, v Angela Ramos, appellant. (Index No. 375/99)
| 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 an order of the Supreme Court, Nassau County, dated January 21, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 27, 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
M26001
A/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2005-04578 In the Matter of Anthony B. (Anonymous), respondent; State of New York Office of Mental Health, appellant.
(Index No. 9539/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated May 6, 2005, pending hearing and determination of an appeal therefrom.
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 enforcement of the order dated May 6, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 6, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 6, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
FLORIO, J.P., KRAUSMAN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26080
A/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-07865 In the Matter of Bianco Homes II, Inc., respondent, v Charles G. Weiler, etc., et al., appellants. (Index No. 458/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered July 28, 2004, for failure to timely perfect the same.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26024
M/nal
|
2005-03503 In the Matter of Chana Cohen, respondent, v Efraim Cohen, appellant. (Docket No. F-31759-03)
| SCHEDULING ORDER |
Appeal by Efraim Cohen from an order of the Family Court, Kings County, dated March 18, 2005. By decision and order on motion of this court dated May 25, 2005, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M26038
M/nal
|
2004-01291, 2004-01292 In the Matter of Carlton F. (Anonymous), appellant. (Docket Nos. D-25806/03, D-22763/03)
| SCHEDULING ORDER |
Appeals by the juvenile from two orders of the Family Court, Kings County, dated January 26, 2004, and January 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 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 24, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26042
M/nal
|
2004-09887, 2004-09888, 2004-09889, 2004-09890 In the Matter of Judith Finell, respondent, v Steven Finell, appellant. (Docket Nos. F-06931-03, F-06932-03, F-06933-03)
| SCHEDULING ORDER |
Appeals by Steven Finell from two orders of the Family Court, Westchester County, both dated November 5, 2003, an amended order of the same court dated September 27, 2004, and an order of the same court dated September 30, 2004, respectively. 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 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 July 7, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25913
K/nal
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS
GLORIA GOLDSTEIN, JJ.
|
2005-01856
In the Matter of Kevin R. Gorry, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Kevin R. Gorry, respondent. (Attorney Registration No. 2141273)
| DECISION & ORDER ON MOTION |
The Grievance Committee for the Tenth Judicial District has informed the court that the respondent was convicted on April 20, 2004, of criminal facilitation in the fourth degree, a class A misdemeanor, in violation of Penal Law § 115.00, upon his plea of guilty in the Criminal Court, New York County, before the Honorable Judith Levitt. The respondent was sentenced to a conditional discharge immediately upon acceptance of the plea. He was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 22, 1987.
Upon the papers submitted to the court, it is
ORDERED that on the court's own motion, the respondent is immediately suspended from the practice of law as a result of his conviction of a serious crime, and continuing until further order of this court, pursuant to Judiciary Law § 90(4)(f); and it is further,
ORDERED that Kevin R. Gorry shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (22 NYCRR 691.10); and it is further,
ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Kevin R. Gorry, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,
ORDERED that on the court's own motion, the Grievance Committee for the Tenth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this Court, as petitioner, against the said Kevin R. Gorry, based on his conviction of a serious crime; and it is further,
ORDERED that Faith Lorenzo, Chief Counsel to the Grievance Committee for the Tenth Judicial District, 150 Motor Parkway, Suite 102, Hauppauge, N.Y. 11788, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,
ORDERED that the petitioner Grievance Committee shall serve upon the respondent and the Special Referee and file with this Court a petition within 30 days after receipt of a copy of this decision and order on motion; and it is further,
ORDERED that the respondent shall serve an answer to the petition upon the petitioner and the Special Referee and shall file the original answer with this Court within 20 days after service upon him of the petition; and it is further,
ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Lawrence J. Bracken, a retired Justice of the Appellate Division, Second Judicial Department, P.O. Box 69, East Setauket, N.Y. 11733, as Special Referee to expeditiously hear and report, together with his findings on the issues.
PRUDENTI, P.J., H. MILLER, SCHMIDT, ADAMS and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26041
R/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2004-00168 In the Matter of Donnell H. (Anonymous), appellant. (Docket No. D-12705/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to withdraw an appeal from an order of the Family Court, Queens County, dated December 15, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is deemed withdrawn.
ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26021
M/nal
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2005-00313
In the Matter of Danielle K. (Anonymous). Administration for Children's Services, respondent; Stacey K. (Anonymous), appellant. (Docket No. N-17447-03)
| DECISION & ORDER ON MOTION |
Appeal by Stacey K. from an order of the Family Court, Kings County, dated December 17, 2004. By order dated April 11, 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.
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.
S. MILLER, J.P., LUCIANO, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25914
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-03112
In the Matter of Charles Rudd Mackenzie, a suspended attorney. Grievance Committee for the Ninth Judicial District, petitioner; Charles Rudd Mackenzie, respondent. (Attorney Registration No. 2653954)
| DECISION & ORDER ON MOTION |
Motion by the respondent pursuant to Judiciary Law §90(4)(f), to set aside his interim suspension from the practice of law pending a final judicial determination of his conviction of criminal contempt of court. By decision and order on application of this court dated March 8, 2005, the respondent was immediately suspended from the practice of law as a result of his conviction of a serious crime pursuant to Judiciary Law §90(4)(f) and, on the court's own motion, the Grievance Committee for the Ninth Judicial District was authorized to institute and prosecute a disciplinary proceeding against the respondent, based on his conviction of a serious crime. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Third Judicial Department on January 24, 1995.
Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25915
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-03112
In the Matter of Charles Rudd Mackenzie, a suspended attorney. Grievance Committee for the Ninth Judicial District, petitioner; Charles Rudd Mackenzie, respondent. (Attorney Registration No. 2653954)
| DECISION & ORDER ON MOTION |
Motion by the Grievance Committee for the Ninth Judicial District for an order authorizing it to serve a supplemental petition of charges upon the respondent. By decision and order on application of this court dated March 8, 2005, the respondent was immediately suspended from the practice of law as a result of his conviction of a serious crime pursuant to Judiciary Law §90(4)(f) and, on the court's own motion, the Grievance Committee for the Ninth Judicial District was authorized to institute and prosecute a disciplinary proceeding against the respondent, based on his conviction of a serious crime. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Third Judicial Department on January 24, 1995.
Upon the papers submitted in support of the motion and no opposition having been submitted thereto, it is
ORDERED that the motion by the Grievance Committee for the Ninth Judicial District to supplement the previously-authorized petition with additional Charges three through six, as set forth in the supplemental petition dated April 1, 2005, is granted; and it is further,
ORDERED that the respondent shall serve upon the petitioner and the Special Referee, an answer to the supplemental petition within 10 days, and shall file the original answer in the office of the Clerk of this court; and it is further,
ORDERED that the issues raised by the supplemental petition and any answer thereto are referred to the Honorable William D. Firedmann, as Special Referee, to hear and report on the supplemental charges as well as on the earlier charges.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26040
M/nal
|
2004-03428 In the Matter of Kenneth Moreno, respondent, v Maria Cruz, appellant. (Docket No. V-09793/99)
| SCHEDULING ORDER |
Appeal by Maria Cruz from an order of the Family Court, Kings County, dated March 18, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 13, 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 appeal is enlarged until July 5, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26023
M/nal
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2005-02273
In the Matter of Ramona Munoz, respondent, v Wilfredo Munoz, appellant. (Docket No. F-3452-99)
| DECISION & ORDER ON MOTION |
Appeal by Wilfredo Munoz from an order of the Family Court, Suffolk County, dated January 31, 2005. 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated March 21, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
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, for failure to comply with a scheduling order dated March 21, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
S. MILLER, J.P., LUCIANO, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26086
A/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-00441 In the Matter of Michael William O. (Anonymous), a/k/a Michael O. (Anonymous). St. Christopher-Ottilie, respondent; Denise T. (Anonymous), appellant. (Docket No. B-14152/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated March 14, 2005, which determined an appeal from an order of fact-finding and disposition (one paper) of the Family Court, Queens County, dated November 21, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26032
M/nal
|
2005-00607 In the Matter of Thomas S. (Anonymous), appellant. (Docket No. D-06402/04)
| SCHEDULING ORDER |
Appeal by Thomas S. from an order of the Family Court, Kings County, dated December 22, 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 27, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25254
M/nal
|
2005-04365 In the Matter of Geurric S.-P. (Anonymous). Orange County Department of Social Services, respondent; Nadia S.-P. (Anonymous), et al., appellants. (Docket No. N-2134-05)
| SCHEDULING ORDER |
Separate appeals by Nadia S.-P. and Serge S.-P. from an order of the Family Court, Orange County, dated May 5, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellants of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellants shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M26051
PL/sl
|
2005-02504
In the Matter of 3202 Owners Corp., appellant, v Billy Contractors, Inc., respondent. (Index No. 25566/04)
| 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 an order of the Supreme Court, Kings County, dated February 16, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 10, 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
M25912
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
GABRIEL M. KRAUSMAN, JJ.
|
2003-04629
In the Matter of Dennis Vourderis, a suspended attorney. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Dennis Vourderis, respondent. (Attorney Identification No. 1668136)
| DECISION & ORDER ON MOTION |
Motion by the respondent for an order extending the effective date of his suspension to May 1, 2005.
By opinion and order of this court dated February 28, 2005, the respondent was suspended from the practice of law for a period of one year, commencing March 31, 2005, as a result of a disciplinary proceeding in which all five charges of professional misconduct were sustained, including neglect of a legal matter entrusted to him, falsely preparing fraudulent documents and giving them to clients, settling claims for legal malpractice with unrepresented clients, providing false information and testifying falsely in connection with the Grievance Committee's investigation into his conduct, and failing to file retainer statements with OCA in relation to personal injury claims. On March 9, 2005, the Grievance Committee submitted an affidavit of service attesting to the fact that respondent was personally served with the opinion and order along with a copy of the Court Rules.
Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, it is
ORDERED that the motion, which was made subsequent to the effective date of the respondent's suspension, is denied.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25934
F/
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2004-10724 The People, etc., respondent, v Jamal Almasri, appellant. (Ind. No. 2060/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered October 26, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
ADAMS, J.P., S. MILLER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26066
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-04045, 2005-04047
The People, etc., respondent, v Abner Alvarez, appellant. (Ind. Nos. 04-00579, 04-00841)
| 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 March 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 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:
Alex Smith, Esq.
26 Albany Avenue
Walden, New York 12586
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.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 0069
Wyoming Corr. Fac.
Box 501
Attica, New York 14011
Appellate Division: Second Judicial Department
M26033
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2001-08599 The People, etc., respondent, v Douglas Bartee, appellant. (Ind. No. 00-01596)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered September 19, 2001.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
S. MILLER, J.P., LUCIANO, CRANE, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25993
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-03759
The People, etc., respondent, v Robert Bevins, appellant. (Ind. No. 04-00816)
| 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 April 13, 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:
Philip C. Schnabel, Esq.
33 Schnabel Lane
Chester, New York 10918
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 1994
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M25548
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-03485
The People, etc., respondent, v Connie Boykin, appellant. (Ind. No. 99-00007)
| 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 an amended judgment of the County Court, Orange County, rendered April 6, 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:
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:
05 A 1824
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division : Second Judicial Department
M25965
F/
PETER B. SKELOS, J.
|
2004-06827 The People, etc., plaintiff, v Don Juan Britt, defendant. (Ind. No. 11759/95)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 25, 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.
PETER B. SKELOS
Associate Justice
Appellate Division: Second Judicial Department
M26034
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2001-10267 The People, etc., respondent, v Jaron Burnett, appellant. (S.C.I. No. 01-00467)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered October 17, 2001.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
S. MILLER, J.P., LUCIANO, CRANE, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M25962
F/
PETER B. SKELOS, J.
|
2005-02589 The People, etc., plaintiff, v Kelvin Carter, defendant. (Ind. No. 2257-02)
| 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 County Court, Suffolk County, dated February 17, 2005, 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.
PETER B. SKELOS
Associate Justice
Appellate Division: Second Judicial Department
M26027
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2001-09072 The People, etc., respondent, v Herbert Coleman, a/k/a "Dawgs", appellant. (Ind. No. 00-01637)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered August 2, 2001.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
S. MILLER, J.P., LUCIANO, CRANE, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M25960
F/
PETER B. SKELOS, J.
|
2004-05959 The People, etc., plaintiff, v Carl Cooke, defendant. (Ind. No. 1887/99)
| 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 June 8, 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.
PETER B. SKELOS
Associate Justice
Appellate Division : Second Judicial Department
M25961
F/
PETER B. SKELOS, J.
|
2004-08136 The People, etc., plaintiff, v Carl Cooke, defendant. (Ind. No. 1887/99)
| 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.
PETER B. SKELOS
Associate Justice
Appellate Division: Second Judicial Department
M26029
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2001-09071 The People, etc., respondent, v Paul Cote, appellant. (Ind. No. 00-01510)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered September 20, 2001.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
S. MILLER, J.P., LUCIANO, CRANE, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25992
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-02793
The People, etc., respondent, v J. D. Council, appellant. (Ind. No. 04-00869)
| 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 March 8, 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:
Richard Lentino, Esq.
138 West Main Street
Middletown, New York 10940
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:
95 A 1297
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M26031
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2001-09923 The People, etc., respondent, v Chiwana Crandell, appellant. (S.C.I. No. 01-00313)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered September 25, 2001.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
S. MILLER, J.P., LUCIANO, CRANE, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26026
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2003-08691
The People, etc., respondent, v William Cruz, appellant. (Ind. No. 2917-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Suffolk County, rendered August 29, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
S. MILLER, J.P., LUCIANO, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26065
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-04108, 2005-04109
The People, etc., respondent, v Jose Garcia, appellant. (Ind. Nos. 04-00536, 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 April 14, 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 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:
Warren S. Hecht, Esq.
118-21 Queens Blvd.
Forest Hills, New York 11375
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.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 2056
Elmira Corr. Fac.
Box 500
Elmira, New York 14902
Appellate Division : Second Judicial Department
M25963
F/
PETER B. SKELOS, J.
|
2004-09472 The People, etc., plaintiff, v Leroy Gooding, defendant. (Ind. No. 9825/01)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated November 8, 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.
PETER B. SKELOS
Associate Justice
Appellate Division: Second Judicial Department
M25991
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-00491
The People, etc., respondent, v Hubert Hines, appellant. (Ind. No. 03-00967)
| 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 July 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:
Neal Futerfas, Esq.
50 Main Street - Suite 1000
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.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 4006
Gouverneur Corr. Fac.
Box 480
Gouverneur, New York 13642
Appellate Division: Second Judicial Department
M26064
PL/sl
|
2003-06956
The People, etc., respondent, v Michelle Hudson, appellant. (Ind. No. 4177/02)
| 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, Kings County, rendered June 23, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 14, 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
M26083
A/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
1998-01885 The People, etc., respondent, v Reginald Lawrence, a/k/a Reggie Lawrence, appellant.
(Ind. No. 1482/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered February 25, 1998, which was determined by decision and order of this court dated March 17, 2003 (see People v Lawrence, 303 AD2d 603), for leave to reargue a motion to be provided with the transcripts of the minutes of the proceedings in the above-entitled action, which was determined by decision and order on motion of this court dated March 22, 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.
FLORIO, J.P., SCHMIDT, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25995
F/
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
GLORIA GOLDSTEIN, JJ.
|
2005-03395
The People, etc., respondent, v Michael J. Martin, appellant. (Ind. No. 04-00920)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Orange County, rendered April 4, 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:
Philip C. Schnabel, Esq.
33 Schnabel Lane
Chester, New York 10918
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
H. MILLER, J.P., SCHMIDT, ADAMS, and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 1822
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M26061
A/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-10331 The People, etc., respondent, v Elving Matos, defendant.
(Ind. No. 640/03)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se for leave to reargue his prior motions pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered February 23, 2004, which were determined by decisions and orders on motion of this court dated January 11, 2005, and March 16, 2005, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26022
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2005-04115, 2005-04116
The People, etc., respondent, v Kevin McShane, appellant. (Ind. Nos. 1969-02, 1469-04)
| 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 appeals from two judgments of the County Court, Suffolk County, both rendered April 4, 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 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:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
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.
S. MILLER, J.P., LUCIANO, CRANE, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 1967
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M25936
PL/sl
|
2004-04276
The People, etc., respondent, v Maureen Myles, appellant. (Ind. No. 1862/03)
| 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 County Court, Suffolk County, dated May 3, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 27, 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
M25549
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-03388
The People, etc., respondent, v Marcos Ocasio, appellant. (Ind. No. 04-00733)
| 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 March 18, 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:
Please make inquiry to the State Inmate Locator
New York State Department of Correctional Services
Telephone: (518) 457-0043
Appellate Division : Second Judicial Department
M25964
F/
PETER B. SKELOS, J.
|
2005-00231 The People, etc., plaintiff, v Christopher Pagan, defendant. (Ind. No. 2623-98)
| 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 County Court, Suffolk County, dated December 7, 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.
PETER B. SKELOS
Associate Justice
Appellate Division: Second Judicial Department
M26058
J/sl
|
2000-08752
The People, etc., respondent, v Alexander Soto, appellant. (Ind. No. 2874/97)
| 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 August 30, 2000.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 21, 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
M26060
PL/sl
|
2004-00090 The People, etc., respondent, v Roberto Torres, appellant. (Ind. No. 03-00154)
| 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, Rockland County, rendered December 16, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 6, 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
M26045
A/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-01990 The People, etc., plaintiff, v Lester Williams, defendant.
(Ind. No. 5138/93)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se for leave to appeal to this court from an order of the Supreme Court, Kings County, entered January 31, 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, as the order entered January 31, 2005, is not appealable as of right or by permission (see CPL 450.10; 450.15).
PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26044
A/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2003-02642 The People, etc., respondent, v Torin Williams, appellant. (Ind. No. 02-00122)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the County Court, Rockland County, rendered March 4, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal 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, and retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
RITTER, J.P., GOLDSTEIN, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court