Appellate Division: Second Judicial Department
M26492
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2004-11093
Analisa Salon, Ltd., d/b/a Susan Marlowe Figure Salon, appellant, v Elide Properties, LLC, respondent. (Index No. 1598/02)
| 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 September 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
M26491
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2005-01402 Richard Campaign, appellant, v Rosalie Barba, respondent, et al., defendants. (Index No. 8182/03)
| 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 an order of the Supreme Court, Kings County, dated November 10, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 11, 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
M26508
CF/
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2005-03604 Claudy Cetoute, respondent, v New York City Transit Authority, et al., appellants. (Index No. 47405/99)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated February 2, 2005.
Upon the stipulation of the parties, dated June 9, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26489
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2004-08617
City of New York, respondent, v Safeco Insurance Company of America, et al., appellants. (Index No. 44472/03)
| 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 appeals from an order and judgment (one paper) of the Supreme Court, Kings County, dated August 3, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 28, 2005 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
M26449
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DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
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2005-00692 Bennet A. Cohen, appellant, v Wallace & Minchenberg, etc., et al., defendants, Panken, Besterman, Winer, Becker & Sherman, LLP, etc., et al., respondents. (Index No. 29307/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 30, 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 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.
RITTER, J.P., GOLDSTEIN, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26519
L/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-00653
Catherine DeNiro, et al., respondents, v Fox Hollow Restaurant & Caterers, et al., appellants, et al., defendants (and a third-party action). (Index No. 287/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 21, 2003.
Upon the stipulation of the attorneys for the respective parties, dated April 5, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26503
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HOWARD MILLER, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2005-03666
Diagnostic Rehab Medicine Serv. P.C., a/a/o Mazariegos, plaintiff, v Travelers Indemnity Company, defendant. (Index No. 53761/02)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by the defendant for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated December 10, 2004, which reversed an order of the Civil Court of the City of New York, Kings County, entered June 30, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., SANTUCCI, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26438
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SONDRA MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
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2003-06776 Leonard Fontani, appellant, v Joseph Hershowitz, a/k/a Joseph Ghershowitz, et al., respondents. (Index No. 6101/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated July 8, 2003, which was determined by decision and order of this court dated November 29, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the appellant is enjoined from making any further motions or applications in connection with this appeal without the prior written leave of this court.
S. MILLER, J.P., RITTER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26442
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DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2004-08496 Conrad Green, respondent, v Louise Green, et al., appellants. (Index No. 10037/93)
| DECISION & ORDER ON MOTION |
Motion by the respondent to (1) dismiss an appeal from a judgment of the Supreme Court, Queens County, dated August 7, 2004, on the grounds that the appeal was not timely perfected and that the appeal has been rendered academic, or (2) require the appellants to post an undertaking of $1,000,000 to secure their performance under the judgment.
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 for failure to timely perfect is denied; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appeal is academic is denied without prejudice to raising the issue in the respondent's brief; and it is further,
ORDERED that the branch of the motion which is to require the appellants to post an undertaking of $1,000,000 to secure their performance under the judgment is denied without prejudice to the respondent seeking that relief in the Supreme Court.
RITTER, J.P., GOLDSTEIN, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26450
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A. GAIL PRUDENTI, P.J.
BARRY A. COZIER
FRED T. SANTUCCI
ROBERT A. LIFSON, JJ.
|
2004-10427 Vergie Jenkins-Watson, appellant, v Golabi Holdings, LLC, et al., respondents.
(Index No. 35984/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated November 24, 2004, as a poor person, for leave to prosecute the appeal on the original papers, and to waive the filing fee.
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; and it is further,
ORDERED that on the court's own motion, 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.
PRUDENTI, P.J., COZIER, SANTUCCI and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26437
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HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-11319 Ian Karim, plaintiff-appellant, v Natural Stone Industries, Inc., et al., defendants-appellants, Bay Crane Services, Inc., defendant-respondent, et al., defendant (and a third-party action). (Index Nos. 6031/03, 350453/03)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-appellant and cross motion by the defendants-appellants to enlarge their time to perfect their appeals from an order of the Supreme Court, Queens County, dated December 3, 2004.
Upon the papers filed in support of the motion and the cross motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion and cross motion are granted; and it is further,
ORDERED that the time of the plaintiff-appellant and the defendants-appellants to perfect the appeals is enlarged until September 2, 2005, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.
H. MILLER, J.P., RITTER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26486
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2005-00095
Maureen Kolmel-Hayes, et al., respondents- appellants, v South Shore Cruise Lines, Inc., appellant-respondent, Mike's Party Boat Corporation, et al., respondents,et al., defendants.
(Index No. 12291/02)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated November 15, 2004.
ORDERED that the application is granted and the appellant-respondent's reply brief shall be served and filed on or before July 1, 2005; and it is further,
ORDERED that the respondents shall serve and file briefs in response to the cross appeal on or before July 11, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26518
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BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-04180 Joyce Licini, appellant, v Graceland Florist, Inc., et al., respondents. (Index No. 18150/01)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated April 14, 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.
COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26510
CF/
|
2005-04143 Micro-Spy, Inc., et al., appellants, v Marietta Small, et al., respondents. (Index No. 21581/03)
| 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 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
Appellate Division: Second Judicial Department
M26526
R/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-07246 Frida Muniz, respondent, v New York City Transit Authority, appellant.
(Index No. 5705/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated July 19, 2004, on the ground that the appendix is inadequate or to enlarge the time to serve and file a brief on the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file a respondent's brief is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until July 15, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
ADAMS, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26448
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HOWARD MILLER, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2005-03750 People of the State of New York, respondent, v John Rivera, appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated February 10, 2005, as a poor person, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Queens County, continues on appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
H. MILLER, J.P., SANTUCCI, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26424
R/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-04441 Eric Richmond, appellant, v Jean G. Miele, et al., respondents.
(Index No. 8925/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to enjoin the respondents from selling or encumbering certain real property commonly known as Block 955, Lot 4 in Brooklyn, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 1, 2005.
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 the respondents are enjoined from selling or encumbering certain real property commonly known as Block 955, Lot 4 in Brooklyn, pending hearing and determination of the appeal on condition that (1) on or before 5 P.M. on June 27, 2005, the appellant posts an undertaking with corporate surety in the amount of $250,000, in the office of the Kings County Clerk, in terms that if the order appealed from, or any part thereof, is affirmed, the surety will indemnify the respondents if it is ultimately determined in the judgment in the action that they have sustained a loss during the period that the injunction was in effect because of its existence, (2) the appellant pay to the respondents' attorney the sum of $580 per month representing property taxes to be held in escrow for disbursement by the respondents' attorney to the applicable taxing authority when the same become due and payable pending hearing and determination of the appeal, and (3) the appeal is perfected on or before July 13, 2005; and it is further,
ORDERED that in the event any of the foregoing conditions are not met, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26504
CF/
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2005-01224 Sang Whun Lee, plaintiff-respondent, v Rachel Stevko, et al., defendants-respondents, Laslo Balog, et al., appellants. (Index No. 20369/02)
| 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 November 5, 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
M26523
C/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
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2005-01572 Maria Shickler, etc., appellant, v Joelaine Cary, respondent. (Index No. 13452/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated December 16, 2004, to direct the respondent to place in escrow the proceeds of the sale of the subject cooperative apartment, pending hearing and determination of the appeal. Cross motion by the respondent to impose a sanction upon the appellant and/or her attorney, and for an award of an attorney's fee.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition or relation thereto, it is
ORDERED that the motion and cross motion are denied.
ADAMS, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26509
CF/
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2005-00521 Hector Martin Seda, et al., respondents, v Kaiser Group, et al., appellants. (Index No. 4808/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Suffolk County, dated December 3, 2004.
Upon the stipulation of the parties, dated June 6, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26525
C/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
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2005-02319 John Sloan, respondent, v European Granite & Marble Corp., et al., appellants, et al., defendants. (Index No. 18503/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 21, 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.
ADAMS, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26480
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2005-00270
Lynne Travis, appellant, v Sidney H. Cuff, etc., et al., respondents. (Index No. 13859/96)
| 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, Nassau County, dated September 29, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 29, 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
M26484
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2005-00264
Joann Vasta, respondent, v Home Depot, appellant.
(Index No. 24059/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated November 24, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before June 24, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26512
CF/
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2004-10090 Vicam Development, Inc., respondent, v Albert Pinelli, appellant. (Index No. 8210/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 13, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26513
CF/
|
2004-08478 Sean T. White, et al., respondents, v Livingston Second Housing Development Fund Corporation, appellant. (Index No. 4671/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated August 31, 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
M26497
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THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
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2005-04050 Willoughby Rehabilitation and Health Care Center, LLC, et al., respondents, v Helen Webster, appellant.
(Index No. 12431/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered April 21, 2005, to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26511
CF/
|
2005-01012 Stephen Wyler, et al., appellants, v Douglas Wyler, et al., respondents. (Index No. 6803/04)
| 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 December 13, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26490
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2004-05090
Charles Dun-Zheng Yan, appellant, v Nancy Klein, et al., respondents.
(Index No. 8004/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Queens County, dated May 5, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 15, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26524
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BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-08922 In the Matter of Patsy Campo, respondent, v Isaac Chapman, appellant. (Docket Nos. V-16826/01, V-16827/01, V-17298/01, V-17299/01)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment-Family Court |
Motion by counsel assigned to represent the respondent in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to defend an appeal from an order of the Family Court, Kings County, dated September 22, 2004, and to grant the respondent leave to defend the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel assigned to represent the respondent in the Family Court, Kings County, is granted, and counsel assigned by the Family Court is relieved from representing the respondent on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the respondent on or before July 6, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which are for the assignment of new counsel to represent the respondent on the appeal and to grant leave to the respondent to defend the appeal as a poor person are denied, with leave to the respondent to renew on or before July 27, 2005, upon the submission of proper papers establishing that she is entitled to poor person relief.
COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26520
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-05478 In the Matter of Mary P. Mitchell, petitioner, v City of New York Department of Health and Mental Hygiene, respondent. (Index No. 11483/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated June 8, 2005, in the above-entitled matter is amended by adding thereto after the date "June 24, 2005" the following language:
";and it is further,
ORDERED that the petitioner shall serve and file its reply brief on or before June 24, 2005."
H. MILLER, J.P., RITTER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26506
Y/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-05137 In the Matter of Palm Management Corporation, appellant, v Andrew Goldstein, etc., et al., respondents. (Index No. 25542/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Suffolk County, dated May 2, 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 judgment dated May 2, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 14, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 14, 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, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26377
C/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-11055 In the Matter of Maria Sicurella, respondent, v Erwin Embro, appellant. (Index No. 6719-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Suffolk County, dated November 17, 2004, on the original papers.
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, on or before July 5, 2005, upon the filing of a proper financial affidavit pursuant to CPLR 1101[a].
COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26478
J/sl
|
2004-09004 In the Matter of Daniel P. Urban, appellant, v Nicholas LaConti, respondent. (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 a judgment of the Supreme Court, Nassau County, dated July 20, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 25, 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
M26514
CF/
|
2004-08476 In the Matter of Frances Ventura, deceased. Salvatore Ventura, appellant-respondent; Nicholas Ventura, respondent-appellant, Rosalie Motta, respondent. (Index No. 38/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant to withdraw a cross appeal from an order of the Surrogate's Court, Westchester County, dated September 2, 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
Appellate Division: Second Judicial Department
M26502
F/
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-03874 The People, etc., respondent, v Hewlett Brewster, appellant. (Ind. No. 2291/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered April 1, 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, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26461
F/
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2001-11174 The People, etc., respondent, v Damien Jenkins, appellant. (Ind. No. 00-00866)
| 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, Westchester County, rendered November 13, 2001. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on April 30, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Robert P. McGrath, Esq.
One Moran Place
New Rochelle, New York 10801
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:
Ronnie J. Ritz, Esq.
P.O. Box 115
Shrub Oak, New York 10588
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,
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.
COZIER, J.P., S. MILLER, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
01 A 6224
Coxsackie Corr. Fac.
P.O. Box 200
West Coxsackie, New York 12051
Appellate Division: Second Judicial Department
M26465
F/
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-05084 The People, etc., respondent, v Jing Xiong, appellant. (Ind. No. 01-01014)
| 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 Supreme Court, Westchester County, rendered May 4, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on May 4, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:
Robert P. McGrath, Esq.
One Moran Place
New Rochelle, New York 10801
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:
Adam Seiden, Esq.
9 Prospect Avenue
Mount Vernon, New York 10550
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,
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.
COZIER, J.P., S. MILLER, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
94 East First Street - Apt. 16E
New York, New York 10009
Appellate Division: Second Judicial Department
M26428
C/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2003-06901, 2003-08553 The People, etc., respondent, v Von Knowlden, a/k/a Salim Abdul-Malik, appellant. (Ind. No. 2864/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the judgment roll on appeals from a judgment of the Supreme Court, Queens County, rendered June 30, 2003, and a resentence of the same court imposed August 12, 2003, to include the minutes of the proceedings which occurred before the Supreme Court, Queens County, on October 1, 2001, and September 22, 2002, and any proceedings which occurred before the Supreme Court, Queens County, on February 27, 2003, through June 19, 2003, and to enlarge the time to perfect the appeals.
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 decision and order on motion of this court dated February 26, 2004, which granted poor person relief to the appellant is amended to include a direction to the court reporter to make, certify and file two transcripts of the stenographic minutes of the proceedings which occurred on October 1, 2001, and September 22, 2002, and any proceedings which occurred between February 27, 2003, and June 19, 2003, if they are available, and the Clerk of the trial court is directed to furnish one copy 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 transcripts shall be returned to this court when the appellant files his brief; and it is further,
ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of the above-mentioned proceedings for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof; and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged; upon delivery of the above-referenced transcripts 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 the Clerk of this court, or his designee, is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.
FLORIO, J.P., SCHMIDT, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26507
CF/
|
2005-05136
The People, etc., respondent, v Brian Leddy, appellant. (Ind. No. 2031/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the County Court, Suffolk County, rendered May 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
M26500
F/
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-08972 The People, etc., respondent, v Jackson Metellus, appellant. (Ind. No. 2910/02)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered September 24, 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, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26499
F/
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-01752, 2005-01753
The People, etc., respondent, v Emanuel Moweta, appellant. (Ind. Nos. 419-04, 537-04)
| 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 appeals from two judgments of the County Court, Suffolk County, both rendered January 21, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the 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.
ADAMS, J.P., KRAUSMAN, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 0586
Marcy Corr. Fac.
Box 3600
Marcy, New York 13403
Appellate Division: Second Judicial Department
M26464
F/
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-00682, 2004-00683 The People, etc., respondent, v Juan Nadal, a/k/a John Nadal, appellant. (Ind. Nos. 02-01123, 03-00155)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute appeals from two judgments of the Supreme Court, Westchester County, both rendered January 6, 2004. The appellant's motion for leave to prosecute the appeals as a poor person and for the assignment of counsel was granted on October 30, 2004, and the following named attorney was assigned as counsel to prosecute the appeals:
Robert P. McGrath, Esq.
One Moran Place
New Rochelle, New York 10801
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 appeals:
John Paul Savoca, Esq.
One Barker Avenue - Suite 135
White Plains, New York 10601
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,
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.
COZIER, J.P., S. MILLER, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 0136
Clinton Corr. Fac.
P.O. Box 2000
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M26498
F/
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-10207 The People, etc., respondent, v Roberto Lino Rodriguez, appellant. (Ind. No. 2547/03)
| DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes |
Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Kings County, rendered October 20, 2004, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,
ORDERED that the motion is otherwise granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); retained counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the Trial Court is directed to reproduce a copy thereof for retained counsel; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged. Retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
ADAMS, J.P., KRAUSMAN, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
Joel K. Dranove, Esq.
299 Broadway - Suite 706
New York, New York 10007
Appellate Division: Second Judicial Department
M26521
R/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-04297 The People, etc., respondent, v Carmello Rosario, appellant. (Index No. 04-00218)
| DECISION & ORDER ON MOTION Application to Withdraw Appeal |
Motion by the appellant to withdraw an appeal from a judgment of the County Court, Orange County, rendered May 12, 2004.
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 marked withdrawn.
COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26441
C/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2002-07882 The People, etc., respondent, v David J. Safran, appellant. (Ind. No. 2240/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, in effect, for summary reversal of a judgment of the County Court, Suffolk County, rendered August 26, 2002.
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
M26451
C/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
GLORIA GOLDSTEIN, JJ.
|
2000-00150 The People, etc., respondent, v Miles Scott, appellant. (Ind. No. 99-00322)
| DECISION & ORDER ON MOTION |
Motion by the appellant for summary reversal of a judgment of the County Court, Orange County, rendered December 6, 1999, or, for a reconstruction hearing with respect to the minutes of all trial proceedings.
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 summary reversal is denied; and it is further,
ORDERED that the branch of the motion which is for a reconstruction hearing with respect to the minutes of all trial proceedings is granted, and the matter is referred to the County Court, Orange County, for a reconstruction hearing with respect to the trial proceedings conducted in the above-entitled case; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two typewritten transcripts of the stenographic minutes of the reconstruction hearing, once said hearing has been completed, and the Clerk of the trial court shall furnish one of those certified transcripts to the appellant's counsel, without charge (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 the motion is otherwise denied; and it is further,
ORDERED that appellant's 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
Appellate Division: Second Judicial Department
M26505
CF/
|
2005-00892 The People, etc., respondent, v Reginald Stanley, appellant. (Ind. No. 2031/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a resentence of the Supreme Court, Queens County, rendered December 15, 2004.
Upon the stipulation of the parties, dated May 19, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26522
R/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2001-07197 The People, etc., respondent, v Raedi Taveras, appellant. (Index No. 521/98)
| 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, Queens County, rendered July 11, 2000.
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 with leave to renew upon service upon the appellant's last known attorney of record (see CPL 470.60[2]).
COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26487
J/sl
|
2001-04813
The People, etc., respondent, v Enrique Zayas, appellant.
(Ind. No. 1982/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 14, 2001.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 7, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court