06-07-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR JUNE 7, 2005

TITLE	Case Number
Carollo v Ferzli	2005-04830
Cohen v Kretzschmar	2004-07573 +1
Continental Casualty Company v Stradford	2005-03834
Conway v Conway	2003-10599
DiGiorgi v DiGiorgi	2005-01082
Giannattasio v Han Suk Kang	2004-10825
Guentcheva v Downing	2005-00800
LaRocco v State of New York	2004-09934
Lasry v V.N.V. Associates, LLC	2005-01801
Lawner v Magor	2005-01228
Noy v Tsabari	2005-02815
O'Neill v Ho	2005-00085
Philippe v Philippe	2005-02373
Pocantico Home & Land Company, LLC v Union Fr	2004-11086 +1
Quinn v Mich	2005-01917
Razhanskene v Caccavale	2005-03846
Reilly v Coach Leasing, Inc.	2005-01346
Semkus v Village of North Haven	2005-02701
Mtr of Alamo v Hermitage Insurance Company	2005-01723
Mtr of Allcity Insurance Company v Rhymes	2005-00125
Mtr of B. (Anonymous), Joshua; Administration	2004-04654 +2
Mtr of Dreier, d/b/a Bubs Daddy Ice v LaValle	2005-04825
Mtr of Hassell v Padro	2005-04030
Mtr of Holmes v Greene	2004-03009 +2
Mtr of Lightbourn v Lightbourn	2005-04226
Mtr of M. (Anonymous), Ethan Albert	2005-00570
Mtr of Matos v Cruz	2005-01774
Mtr of Pedone v Corpes	2004-07856
Mtr of State Farm Mutual Automobile Insurance	2005-00161
Mtr of T. (Anonymous), Theresa Helen, a/k/a D	2005-01085 +4
Mtr of Wilson v Smith	2004-06836
Peo v Barbot, Rudolph	2005-04019
Peo v Bhattacharjee, Sudeep	2004-10163
Peo v Brooks, Eric	2004-05782
Peo v Cabrera, Thomas	2003-09932
Peo v Campbell, Howard	2001-05693
Peo v Corr, Scott B.	2004-10767
Peo v Crowder, Kevin	2005-00675
Peo v Domingo, Robert	2001-07017
Peo v Dupont, Dominic	2005-04105
Peo v Figueroa, Bernardo	2004-07467
Peo v Fortunato, Louis, a/k/a Navas, George,	2005-03518
Peo v German, Sammy	2005-04163
Peo v Jean-Baptiste, Pochly	2005-01787
Peo v Kopliku, Blerim	2004-10383
Peo v Maxwell, David	2001-10506
Peo v Montero, David	2004-05753
Peo v Ragland, Kim	2003-10256
Peo v Scott, Ben	2004-05023

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

Appellate Division: Second Judicial Department

M26094

C/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-04830
Priscilla R. Carollo, et al., respondents, v
George Ferzli, etc., appellant, et al., defendants.
(Index No. 12733/03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated April 13, 2005.

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 all proceedings in he above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 7, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 7, 2005; the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied as academic.

S. MILLER, J.P., LUCIANO, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M26141

R/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-07573, 2004-08259
Adelaide Cohen, appellant,
v Daniel Kretzschmar, et al., respondents.
(Index No. 208/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to perfect appeals from an order of the Supreme Court, Westchester County, entered August 13, 2004, and a judgment of the same court dated August 20, 2004.

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

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

ORDERED that the appellant's time to perfect the appeals is enlarged until June 30, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

ADAMS, J.P., KRAUSMAN, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M26113

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A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2005-03834
Continental Casualty Company, respondent,
v Terrance D. Stradford, etc., defendant,
William A. Shields, et al., appellants.
(Index No. 10314/04)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Richmond County, dated March 17, 2005, on the ground that the appellants may not obtain appellate review of certain issues.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied without prejudice to raising the issue in the respondent's brief; and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., FLORIO, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M26137

O/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2003-10599
Robert B. Conway, respondent,
v S. Catherine Conway, appellant.
(Index No. 8252/96)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated June 20, 2003, and for a reconstruction hearing.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until July 7, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M26190

Y/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-01082
Steven DiGiorgi, appellant, v
Carolyn DiGiorgi, respondent.
(Index No. 23320/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated December 22, 2004.

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 referred to the Clerk of this court pursuant to the rules of this court for the issuance of a scheduling order (see 22 NYCRR 670.4[a]).

H. MILLER, J.P., RITTER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M26153

CF/

2004-10825
Rocco Giannattasio, respondent-appellant,
v Han Suk Kang, et al., appellants-respondents,
City of New York, respondent.
(Index No. 38610/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Suffolk County, dated November 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 cross appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26158

CF/

2005-00800
Guenka Guentcheva, appellant,
v Eileen Downing, respondent.
(Index No. 32188/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 22, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26193

Y/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-09934
Dominick LaRocco, appellant,
v State of New York, respondent.
(Claim No. 109598)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for leave to renew a prior motion for leave to prosecute an appeal from an order of the Court of Claims dated October 26, 2004, as a poor person, for the assignment of counsel, and to be released from prison pending hearing and determination of the appeal.

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 denied.

S. MILLER, J.P., LUCIANO, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M26144

CF/

2005-01801
Sarah Lasry, respondent, v V.N.V. Associates,
LLC, et al., appellants
(and a third-party action).
(Index No. 20994/01)

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 January 7, 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

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Appellate Division: Second Judicial Department

M26148

CF/

2005-01228
Jason Lawner, respondent,
v Giora Magor, et al., appellants.
(Index No. 11698/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 7, 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

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

Appellate Division: Second Judicial Department

M26150

CF/

2005-02815
Eli Noy, respondent, v
Barak Tsabari, appellant.
(Index No. 15619/04)

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 4, 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

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Appellate Division: Second Judicial Department

M26183

S/sl

2005-00085

Kathleen O'Neill, etc. et al., appellants,
v Victor T. Ho, etc., respondent, etc., et al.,
defendants.
(Index No. 11283/02)

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, Richmond County, dated October 8, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 1, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26157

M/nal

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-02373

Thomas Philippe, appellant,
v Marlene Philippe, respondent.
(Index No. 200600/00)

DECISION & ORDER ON MOTION

Appeal by Thomas Philippe from a judgment of the Supreme Court, Nassau County, dated January 19, 2005. By order to show cause dated May 4, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated March 18, 2005, issued pursuant to 22 NYCRR 670.4(a)(2). Application by the appellant to withdraw the appeal.

Now, on the court's own motion, and upon the papers filed in response to the order to show cause and the papers filed in support of the application, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion to dismiss the appeal is denied as academic.

H. MILLER, J.P., KRAUSMAN, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M26139

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2004-11086, 2004-11089
Pocantico Home & Land Company, LLC,
et al., respondents, v Union Free School District
of Tarrytowns, et al., appellants.

(Index No. 4870/04)

DECISION & ORDER ON MOTION

Motion by Richard P. Mills, New York State Commissioner of Education, for leave to file an amicus curiae brief on an appeal from an order of the Supreme Court, Westchester County, entered December 13, 2004. Separate motion by the New York State Builders Association, Inc., for the same relief.

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

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

ORDERED that the respective amicus curiae briefs must be served on the parties, and nine copies filed in this court on or before June 13, 2005; and it is further,

ORDERED that service of the amicus curiae brief must be by personal delivery pursuant to CPLR 2103(b)(1) of overnight delivery pursuant to CPLR 2103(b)(6) to all parties; and it is further,

ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,

ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief on or before June 20, 2005.

FLORIO, J.P., KRAUSMAN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26152

Y/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-01917
William Quinn, Jr., respondent, v
William J. Mich, Jr., et al., defendants,
J. Petrocelli Contracting, Inc., appellant
(and a third-party action).
(Index No. 12567/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated January 15, 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.

S. MILLER, J.P., LUCIANO, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26143

CF/

2005-03846
Nelly Razhanskene, respondent,
v Ronald F. Caccavale, et al., appellants.
(Index No. 35150/02)

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 April 8, 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

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

Appellate Division: Second Judicial Department

M26149

CF/

2005-01346
Michael Reilly, respondent, v
Coach Leasing, Inc., et al., appellants
(and a third-party action).
(Index No. 13747/02)

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 January 3, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26156

CF/

2005-02701
David Semkus, et al., appellants, v
Village of North Haven, et al., respondents.
(Index No. 8454/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 17, 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

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

Appellate Division: Second Judicial Department

M26146

CF/

2005-01723
In the Matter of Imec Alamo, respondent,
v Hermitage Insurance Company, appellant.
(Index No. 8312/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated January 10, 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

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

Appellate Division: Second Judicial Department

M26185

S/sl

2005-00125

In the Matter of Allcity Insurance Company,
petitioner-respondent, v Lillie Rhymes, et al.,
appellants; Rosalita M. Coons, et al.,
proposed additional-respondents.
(Index No. 28131/03)

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 November 30, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 15, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26131

O/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2004-04654, 2004-08102, 2004-08104
In the Matter of Joshua B. (Anonymous).
Administration for Children's Services, respondent;
Steven H. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Steven H. (Anonymous).
Administration for Children's Services, respondent;
Steven H. (Anonymous), appellant.
(Proceeding No. 2)
In the Matter of Shanice H. (Anonymous).
Administration for Children's Services, respondent;
Steven H. (Anonymous), appellant.
(Proceeding No. 3)
In the Matter of James B. (Anonymous).
Administration for Children's Services, respondent;
Steven H. (Anonymous), appellant.
(Proceeding No. 4)
In the Matter of Scott H. (Anonymous).
Administration for Children's Services, respondent;
Steven H. (Anonymous), appellant.
(Proceeding No. 5)
In the Matter of Malik H. (Anonymous).
Administration for Children's Services, respondent;
Steven H. (Anonymous), appellant.
(Proceeding No. 6)
(Docket Nos. N-03477-02, N-03478-02, N-03479-02
N-03480-02, N-03481-02, N-03482-02)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate so much of a decision and order on motion of this court entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - February 2005 Calendar", dated February 22, 2005, as dismissed an appeal from an order of the Family Court, Queens County, dated April 21, 2004 (Appellate Division Docket No. 2004-04654), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate that appeal, for leave to prosecute that appeal as a poor person, to assign Lewis S. Calderon, Esq. as counsel to represent the appellant on that appeal, to consolidate that appeal with appeals from two orders of the same court both dated August 25, 2004 (Appellate Division Docket Nos. 2004-08102 and 2004-08104), to enlarge the time to perfect the appeals, and to file a single brief in connection with the appeals.

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

ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion dated February 22, 2005, as dismissed the appeal from the order dated April 21, 2004 (Appellate Division Docket No. 2004-04654), and to reinstate that appeal are granted; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal from the order dated April 21, 2004, as a poor person, and to assign Lewis S. Calderon, Esq. as counsel to represent the appellant on that appeal are granted; and it is further,

ORDERED that the appeal from the order dated April 21, 2004 will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file 10 copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal from the order dated April 21, 2004:

Lewis S. Calderon, Esq.

90-50 Parsons Blvd. - #405

Jamaica, New York 11432

(718) 883-1560

and it is further,

ORDERED that the branch of the motion which is to consolidate the appeal from the order dated April 21, 2004, with the appeals from the orders dated August 25, 2004, is granted to the extent that the appeals will be calendared together and will be argued or submitted on the same day, and that branch of the motion is otherwise denied; and it is further,

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

ORDERED that the parties shall serve and file 10 copies of the briefs on the appeals; and it is further,

ORDERED that the branch of the appellant's motion which is for an enlargement of time is granted and 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 670.9[d][2]), and by serving and filing his brief on the appeals is enlarged until July 7, 2005; 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.

FLORIO, J.P., KRAUSMAN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26147

Y/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-04825
In the Matter of Jack Dreier, d/b/a Bubs
Daddy Ice Cream, et al., respondents, v
John Jay LaValle, etc., et al., appellants.
(Index No. 9747/05)

DECISION & ORDER ON MOTION

Motion by the appellants John Jay LaValle, Anthony DiMaio, and Brookhaven Town Board to stay enforcement of a judgment of the Supreme Court, Suffolk County, dated May 19, 2005, pending hearing and determination of appeals 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 judgment dated May 19, 2005, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before July 8, 2005; and it is further,

ORDERED that in the event the appeals are not perfected on or before July 8, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

ADAMS, J.P., KRAUSMAN, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26189

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-04030
In the Matter of Lisa Hassell, appellant,
v Wilfredo Padro III, respondent.
(Docket No. V-79-04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to appeal to this court from an order of the Supreme Court, Queens County, dated April 18, 2005, and to stay enforcement of stated portions of the order pending hearing and determination of appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further

ORDERED that on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements (see Family Ct Act § 1112); and it is further,

ORDERED that the motion which is otherwise denied as academic.

H. MILLER, J.P., RITTER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26145

R/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-03009, 2004-10441, 2005-03177
In the Matter of Cindy Holmes, respondent,
v Keith Greene, appellant.

(Docket No. F-02012/95)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from three orders of the Family Court, Orange County, dated March 10, 2004 (Appellate Division Docket No. 2004-03009), September 24, 2004 (Appellate Division Docket No. 2004-10441), and February 14, 2005 (Appellate Division Docket No. 2005-03177), respectively, for leave to prosecute the appeal from the order dated February 14, 2005 (Appellate Division Docket No. 2005-03177) as a poor person and for the assignment of counsel on that appeal.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated February 14, 2005 (Appellate Division Docket No. 2005-03177), as a poor person and for the assignment of counsel on that appeal is granted; and it is further,

ORDERED that the appeal from the order dated February 14, 2005 (Appellate Division Docket No. 2005-03177), will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal from the order dated February 14, 2005:

Janet Gandolfo, Esq.

174 Webber Avenue

Sleepy Hollow, New York 10591

(914) 332-0505

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

ADAMS, J.P., KRAUSMAN, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26151

CF/

2005-04226

In the Matter of Michael Lightbourn,
appellant, v Laurie Lightbourn, respondent.
(Docket No. F-3458/03)

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, Nassau County, dated April 26, 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

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

Appellate Division: Second Judicial Department

M26155

M/nal

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-00570

In the Matter of Ethan Albert M. (Anonymous).
Catholic Home Bureau for Dependent Children,
respondent; Maria M. (Anonymous), appellant.
(Docket No. B-7505/00)

DECISION & ORDER ON MOTION

Appeal by Maria M. from an order of the Family Court, Queens County, dated October 29, 2004. By decision and order on motion dated March 30, 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 4, 2005. The appellant has failed to do so. By order to show cause dated May 18, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the decision and order on motion of this court dated March 30, 2005.

Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements.

ADAMS, J.P., KRAUSMAN, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26159

M/nal

2005-01774

In the Matter of Raul Matos, appellant,
v Nancy Cruz, respondent.
(Docket No. F-06868-02)

ORDER TO SHOW CAUSE

Appeal by Raul Matos from an order of the Family Court, Kings County, dated December 14, 2004. By scheduling order dated April 19, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated April 19, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before June 27, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26163

M/nal

2004-07856
In the Matter of Dana R. Pedone, respondent,
v Marcus Corpes, appellant.
(Docket No. P-00464/95)

SCHEDULING ORDER

Appeal by Marcus Corpes from an order of the Family Court, Suffolk County, dated July 26, 2004. The appellant's brief was filed in the office of the Clerk of this court on May 24, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M26125

O/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2005-00161
In the Matter of State Farm Mutual Automobile
Insurance Company, appellant, v Charles Olsen,
respondent-respondent; Suffolk County Fleet Services,
et al., proposed additional respondents-respondents.
(Index No. 15979/04)

DECISION & ORDER ON MOTION

Motion by Suffolk County Fleet Services, in effect, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated December 20, 2004, on the ground that the record is inadequate or, in the alternative, to supplement the record on 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 on condition that the appellant serve and file a supplemental record containing the Memorandum of Law in Opposition to Petition Joining Suffolk County Fleet Services of the proposed additional respondent-respondent Suffolk County Fleet Services on or before June 28, 2005.

H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26164

S/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2005-01085, 2005-01086, 2005-01154,
2005-01155, 2005-01165

In the Matter of Theresa Helen T. (Anonymous),
a/k/a Theresa Helen D. (Anonymous), a/k/a
Theresa T. (Anonymous).
Administration for Children's Services, respondent;
Debra D. T. (Anonymous), et al., appellants.
(Proceeding No. 1)
In the Matter of Christina Shannon T. (Anonymous),
a/k/a Christina T. (Anonymous).
Administration for Children's Services, respondent;
Debra D. T. (Anonymous), et al., appellants.
(Proceeding No. 2)
In the Matter of Silvia Marie D. (Anonymous),
a/k/a Silvia D. (Anonymous).
Administration for Children's Services, respondent;
Debra D. T. (Anonymous), et al., appellants.
(Proceeding No. 3)
In the Matter of Patricia D. (Anonymous).
Administration for Children's Services, respondent;
Debra D. T. (Anonymous), et al., appellants.
(Proceeding No. 4)
(Docket Nos. B-11446/02, B-11448/02, B-11447/02,
N-4878/96, N-4879/96, N-4880/96, N-4881/96)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved
of Assignment - Family Court

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 7, 2005, in the above-entitled matter is amended by deleting the preamble thereof and substituting therefor the following preamble:

Motion by counsel assigned to represent the appellant Wayne T. in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute appeals from three orders of the Family Court, Queens County dated May 31, 2004 (Appellate Division Docket No. 2005-01155), October 21, 2004 (Appellate Division Docket No. 2005-01156), November 18, 2004 (Appellate Division Docket No. 2005-01085), respectively, and the order dated November 30, 2004, issued in Proceeding No. 1, under Family Court Docket No. B-11446/02 (Appellate Division Docket No. 2005- 01086), and for leave to the appellant Wayne T. to prosecute the appeals as a poor person.

FLORIO, J.P., ADAMS, LUCIANO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26165

M/nal

2004-06836
In the Matter of Muriel Wilson, et al., petitioners-
respondents, v Elizabeth Smith, appellant, et al.,
respondent.
(Docket Nos. V-04845/01, V-06083/01)

SCHEDULING ORDER

Appeal by Elizabeth Smith from an order of the Family Court, Queens County, dated July 13, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 26, 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 20, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26134

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-04019
The People, etc., respondent,
v Rudolph Barbot, appellant.
(Ind. No. 12/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered April 12, 2005, 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., KRAUSMAN, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26140

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-10163

The People, etc., respondent,
v Sudeep Bhattacharjee, appellant.
(Ind. No. 30/04)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered October 26, 2004, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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:

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

ADAMS, J.P., KRAUSMAN, SPOLZINO, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 6046

Bare Hill Corr. Fac.

181 Brand Road

Malone, New York 12953

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

Appellate Division: Second Judicial Department

M26099

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-05782
The People, etc., respondent,
v Eric Brooks, appellant.
(Ind. No. 2860-03)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered May 12, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on September 15, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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

ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

William R. Weiselberg, Esq.

196 Stanley Drive

Centereach, New York 11729

and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy if 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,

S. MILLER, J.P., LUCIANO, CRANE, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 2005

Cape Vincent Corr. Fac.

Box 739

Cape Vincent, New York 13618

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

Appellate Division: Second Judicial Department

M26133

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2003-09932
The People, etc., respondent,
v Thomas Cabrera, appellant.
(Ind. No. 3037/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered October 7, 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 (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

ADAMS, J.P., KRAUSMAN, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26095

R/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2001-05693
The People, etc., respondent,
v Howard Campbell, appellant.

(Ind. No. 284/01)

DECISION & ORDER ON MOTION
Motion for an Enlargement of Time
to File a Supplemental Brief

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 18, 2001, and to be provided with certain additional minutes for use in the preparation of his pro se supplemental brief.

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

ORDERED that the branch of the motion which is to be provided with certain additional minutes for use in the preparation of his pro se supplemental brief is granted to the extent that the decision and order on motion of this court dated November 18, 2002, which granted the appellant's motion for poor person relief is amended to include a direction to the court reporter to make, certify, and file two transcripts of the stenographic minutes of the arraignment proceedings held on February 5, 2001, February 6, 2001, February 14, 2001, and February 20, 2001, if they are available and that branch of the motion is otherwise denied; and it is further,

ORDERED that the stenographer is directed to make, certify and file such minutes within 45 days of the date of this decision and order on motion, and 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 the branch of the motion which is for an enlargement of time to serve and file a supplemental brief is granted, and the appellant's time to serve and file his supplemental brief is enlarged until September 30, 2005; and it is further,

ORDERED that the Clerk of this court is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

S. MILLER, J.P., LUCIANO, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26103

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-10767

The People, etc., respondent,
v Scott B. Corr, appellant.
(Ind. No. 04-00571)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered December 8, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Bruce Townsend, Esq.

26 Albany Avenue

Walden, New York 12586

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.

S. MILLER, J.P., LUCIANO, CRANE, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

4 Marlec Drive

Huguenot, New York 12746

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

Appellate Division : Second Judicial Department

M26171

DAVID S. RITTER, J.

2005-00675
The People, etc., plaintiff,
v Kevin Crowder, defendant.
(Ind. No. 2402/01)

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 December 10, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

DAVID S. RITTER

Associate Justice

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

Appellate Division: Second Judicial Department

M26102

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2001-07017
The People, etc., respondent,
v Robert Domingo, appellant.
(Ind. No. 00-90242)

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 June 28, 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

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

Appellate Division : Second Judicial Department

M26169

GLORIA GOLDSTEIN, J.

2005-04105
The People, etc., plaintiff,
v Dominic Dupont, defendant.
(Ind. No. 6287/97)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 16, 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.

GLORIA GOLDSTEIN

Associate Justice

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

Appellate Division: Second Judicial Department

M26138

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-07467

The People, etc., respondent,
v Bernardo Figueroa, appellant.
(Ind. No. 1612-03)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered March 10, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

ADAMS, J.P., KRAUSMAN, SPOLZINO, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 1544

Five Points Corr. Fac.

State Route 96, Box 119

Romulus, New York 14541

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

Appellate Division: Second Judicial Department

M26136

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-03518
The People, etc., respondent,
v Louis Fortunato, a/k/a George Navas,
a/k/a Lewis Johnson, appellant.
(Ind. No. 1757/99)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered May 18, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in 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., KRAUSMAN, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26162

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-04163

The People, etc., respondent,
v Sammy German, appellant.
(Ind. No. 1135/04)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Kings 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

S. MILLER, J.P., LUCIANO, CRANE, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 R 1787

P.O. Box 800

Berme Road

Napanoch, New York 12458

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

Appellate Division: Second Judicial Department

M26161

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-01787
The People, etc., respondent,
v Pochly Jean-Baptiste, appellant.
(Ind. No. 04-00069)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Rockland County, rendered January 13, 2005. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on April 22, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

James Licata

Office of the Public Defender

11 New Hemstead Road

New City, New York 10956-3664

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 former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

William Reddy, Esq.

216 Congers Road - Suite 4

New City, New York 10956

and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 0274

Clinton Corr. Fac.

P.O. Box 2000

Dannemora, New York 12929

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

Appellate Division: Second Judicial Department

M26135

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-10383
The People, etc., respondent,
v Blerim Kopliku, appellant.
(Ind. No. 03-00911)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered November 8, 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., KRAUSMAN, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26132

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2001-10506
The People, etc., respondent,
v David Maxwell, appellant.
(Ind. No. 00-01481)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the County Court, Westchester County, rendered October 24, 2001.

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, SPOLZINO, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26101

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-05753
The People, etc., respondent,
v David Montero, appellant.
(Ind. No. 8285/02)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered June 21, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

S. MILLER, J.P., LUCIANO, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26160

PL/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-10256
The People, etc., respondent,
v Kim Ragland, appellant.

(Ind. No. 132-02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated February 17, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motions by the appellant pro se (1) for leave to prosecute an appeal from a judgment of the County Court, Rockland County, rendered April 1, 2003, as a poor person, (2) to strike the respondent's brief on the ground that it does not comply with the rules of this court, and (3) to enlarge the time to serve and file a reply brief.

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

ORDERED that on the court's own motion, the briefs filed by the appellant and the respondent, respectively, are stricken; and it is further,

ORDERED that the motion which is for leave to prosecute the appeal as a poor person is granted; 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 (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 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 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 he files his brief the appellant 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.

Kim Ragland

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., MASTRO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26100

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-05023
The People, etc., respondent,
v Ben Scott, appellant.
(Ind. No. 6551/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 17, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

S. MILLER, J.P., LUCIANO, CRANE, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 R 3600

Auburn Corr. Fac.

Box 618

Auburn, New York 13024