06-15-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR JUNE 15, 2005

TITLE	Case Number
Ayers v Ayers	2004-08999 +1
Barson v Barson	2004-11103
Brooklyn Union Gas Company, d/b/a Keyspan Ene	2005-05569
Camarda Development Co., Inc. v Willow Ridge	2005-02111
Chance v Felder	2005-01401
Chase Manhattan Mortgage Corporation v Anatia	2004-01944 +1
Community Preservation Corporation v 1974 Rea	2005-05468
Compasso v Vollmer	2005-01618
County of Westchester v Riechers	2004-11289
Dominguez v Sostre	2005-03378
Downey v Downey	2005-01617
Fielitz v Caldor, Inc.	2005-02506
Gjoka v Namdor, Inc.	2004-10692
Glick, n/k/a Sheft v Glick	2004-06728
Hahn v Mahota	2005-01623
Hall v Barist Elevator Company	2004-09921
Hanlon v Labrinos	2005-01245
Kandel v Alpha Beta Delta Associates, LP	2005-03241
L. Riso & Sons Co., Inc. v U.S.F.& G. Insuran	2005-01427
Lax v Dillion	2005-01033
Linarello v Colin Service Systems, Inc.	2004-10897
McGee v Lattuga	2004-10035
Morton v Parnell	2005-01370
Moses v Samiha Enterprises, Inc., d/b/a Club M	2004-10824
Nixon v Dolce/Aew Properties No. 1 Limited Pa	2005-04009
People of State of New York v McLaughlin	2005-05007
People of State of New York v Morales	2005-04153
People of State of New York v Novack	2005-03692
Raffio v Sider	2005-04589
Raviv v Teahan & Constantino	2005-00628
Rotondi v Anderson	2005-00108
Rupolo v Rupolo	2005-00320
Sterngass v Soffer	2004-07588
Ticali v LoCascio	2005-02070
Turner v Cool Wind Ventilation Corp.	2004-10366 +1
Vingo v Rosner	2004-06528
Wachovia Bank, N.A. v Little	2005-05132
Mtr of Hyacinthe-Cousins v Hyacinthe	2005-02434
Mtr of S. (Anonymous), Dabari; Miracle Makers	2005-01363
Mtr of Wills v Wills	2005-04273
Peo v Barnes, Alfred	2005-04172
Peo v Bierd, Christian	2003-10373
Peo v Bullard, Joseph	2004-02583
Peo v DeJesus, Nicholas	2005-04732
Peo v Heureaux, Pedro	2003-08419
Peo v Huchital, Andrew	2003-04560
Peo v Louisias, Jeffrey	1999-02047
Peo v Rolle, Nehemiah	2003-09874
Peo v Thompson, Christopher	2005-04741
Peo v Tocci, Robert	2004-06395
Peo v Wright, Ronald M. III	2004-07754

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

Appellate Division: Second Judicial Department

M26556

R/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-08999
Edward Ayers, respondent,
v Leila Ayers, appellant.
(Index No. 203243/00)
(Action No. 1)
2005-05175
Leila Ayers, et al., appellants,
v Edward Ayers, respondent.
(Index No. 009052/04)
(Action No. 2)

DECISION & ORDER ON MOTION

Motion by the appellants in both actions, inter alia, to consolidate appeals from two orders of the Supreme Court, Nassau County, dated October 7, 2004 (Appellate Division Docket No. 2004-08999), and May 6, 2005 (Appellate Division Docket No. 2005-05175), respectively, and to enlarge the time to perfect the appeal from the order dated October 7, 2004.

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 consolidate the appeals is granted, and the appellants shall file 10 copies of the joint record or appendix on the appeals and the parties shall file 10 copies of their respective briefs; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated October 7, 2004, is granted and the appellants' time to perfect that appeal is enlarged until August 8, 2005, and the joint record or appendix on the consolidated appeals and the appellants' 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., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M26567

C/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2004-11103
Deborah Barson, respondent, v
Alan Barson, appellant.
(Index No. 3991/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated September 1, 2004, as a poor person. Application by the appellant to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branches of the motion which are for free transcripts and waiver of the filing fee are denied; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until August 22, 2005.

FLORIO, J.P., H. MILLER, RITTER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M26539

S/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-05569
Brooklyn Union Gas Company, d/b/a Keyspan
Energy Delivery New York, respondent, v
Melanie Smallwood, a/k/a Melanie N.
Smallwood, appellant, et al., defendant.
(Index No. 31355/04)

DECISION & ORDER ON MOTION

Appeal by Melanie Smallwood, a/k/a Melanie N. Smallwood, from a judgment of the Supreme Court, Kings County, entered May 4, 2005.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511).

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M26546

CF/

2005-02111
Camarda Development Co., Inc., et al.,
respondents, v Willow Ridge at Carmel,
Inc., et al., appellants.
(Index No. 1273/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Putnam County, dated January 24, 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

M26496

A/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-01401
Yolanda Chance, appellant, v
Kenneth S. Felder, et al., respondents.

(Index No. 13033/02)

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 September 29, 2004, 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 motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that payment of the filing fee is waived; and it is further,

ORDERED that on the court's own motion 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 her brief on the appeal is enlarged until August 18, 2005.

COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M26501

A/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-01944
Chase Manhattan Mortgage Corporation, plaintiff,
v Rachamin Anatian, et al., defendants, Yona Dorit
Anatian, et al., defendants-respondents; Bedford Park
Development Corp., intervenor respondent-appellant;
Interboro Equities, LLC, et al., nonparty appellants-
respondents.
(Appeal No. 1)
2004-10848
Chase Manhattan Mortgage Corporation, plaintiff,
v Rachamin Anatian, et al., defendants, Yona Dorit
Anatian, et al., respondents; David Krinsky,
et al., nonparty-appellants.
(Appeal No. 2)
(Index No. 29880/98)

DECISION & ORDER ON MOTION

Motion by David Krinsky and Sara Krinsky, nonparty-appellants-respondents in Appeal No. 1 and the nonparty-appellants in Appeal No. 2, on appeals from two orders of the Supreme Court, Kings County, dated December 5, 2003 (Appellate Division Docket No. 2004-01944), and November 8, 2004 (Appellate Division Docket No. 2004-10848), respectively, inter alia, to stay enforcement of the order dated December 5, 2003, and to enjoin the defendant-respondent Yona Dorit Anatian from accessing, occupying, entering, altering, encumbering, or exercising dominion and control over the subject premises, pending hearing and determination of the appeals.

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, without prejudice to the movants seeking similar relief in the Supreme Court, Kings County.

COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M26554

R/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-05468
Community Preservation Corporation, plaintiff,
v 1974 Realty Associates, appellant;
Einig &Bush LLP, intervenor-respondent
(and a third-party action).

(Index No. 21023/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated June 3, 2005, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

FLORIO, J.P., H. MILLER, RITTER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M26533

CF/

2005-01618
Brian Compasso, et al., respondents,
v Eugene Vollmer, et al., defendants,
Alan Placa, et al., appellants.
(Index No. 5784/03)

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 13, 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

M26550

CF/

2004-11289
County of Westchester, respondent,
v Mary Riechers, et al., appellants,
et al., defendants.
(Index No. 475/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Westchester County, dated November 16, 2004.

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

ORDERED that the applications are granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M26542

CF/

2005-03378
Milton Dominguez, respondent,
v Aida L. Sostre, et al., appellants.
(Index No. 40059/04)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated January 26, 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

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Appellate Division: Second Judicial Department

M26543

CF/

2005-01617
Gary Downey, appellant,
v Kathleen Downey, respondent.
(Index No. 202760/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the County Court, Nassau 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

M26569

E/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-02506
Guenter Fielitz, et al., plaintiffs-respondents,
v Caldor, Inc., defendant, Peter Scalamandre
& Sons, Inc., defendant second third-party
plaintiff-respondent-appellant, Fischbach and
Moore, Inc., defendant third-party plaintiff-
appellant; Interboro Interiors, third-party and
second third-party defendant-appellant-respondent;
Northwest Associates, second third-party
defendant-respondent.
(Index No. 26426/93)

DECISION & ORDER ON MOTION

Motion by Fischbach and Moore, Inc., the defendant third-party plaintiff-appellant on appeals and cross appeal from an order of the Supreme Court, Suffolk County, dated February 2, 2005, to stay the trial in the above-entitled action pending hearing and determination of the appeals and cross 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.

FLORIO, J.P., H. MILLER, RITTER and RIVERA, 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

M26529

CF/

2004-10692
Gjergj Gjoka, et al., respondents,
v Namdor, Inc., et al., appellants
(and a third-party action).
(Index No. 25307/01)

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 October 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

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Appellate Division: Second Judicial Department

M26578

S/sl

2004-06728

Carol Glick, n/k/a Carol Sheft, respondent,
v Russell Glick, appellant.

(Index No. 5888/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated July 8, 2004.

ORDERED that the application is granted and the reply brief which has been submitted to the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26541

S/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-01623
Laura Hahn, etc., respondent,
v Paul Mahota, appellant.
(Index No. 5323/04)

DECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated February 2, 2005.

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

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

ORDERED that the stay which was granted by decision and order on motion of this court dated April 27, 2005, is vacated forthwith.

FLORIO, J.P., SCHMIDT, 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

M26551

S/sl

2004-09921

Cathy Hall, appellant, v Barist Elevator Company,
defendant third-party plaintiff-respondent; United
Presbyterian Residence, third-party defendant-
respondent.

(Index No. 13612/00)

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 an order of the Supreme Court, Suffolk County, dated September 29, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before June 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

M26552

CF/

2005-01245
Jeannette M. Hanlon, etc., appellant-respondent,
v Louis F. Labrinos, respondent-appellant,
James J. Whitton, respondent.
(Index No. 606/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant-respondent and the respondent-appellant to withdraw an appeal and a cross appeal from an order of the Supreme Court, Dutchess County, dated November 23, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26555

S/sl

2005-03241

Phyllis Kandel, etc., appellant,
v Alpha Beta Delta Associates, LP,
et al., respondents.
(Index No. 15461/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated December 15, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 19, 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

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

Appellate Division: Second Judicial Department

M26530

CF/

2005-01427
L. Riso & Sons, Co., Inc., et al., respondents,
v U.S.F. & G. Insurance Company, Inc.,
et al., appellants.
(Index No. 28067/01)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Suffolk County, dated December 6, 2004.

Upon the stipulation of the parties, dated June 8, 2005, it is

ORDERED that 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

M26536

CF/

2005-01033
David Lax, appellant,
v Kenverton D. Dillion, etc., respondent.
(Index No. 8509/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 15, 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

M26568

2004-10897

Vincent Linarello, et al., respondents,
v Colin Service Systems, Inc., respondent-
appellant, P & C Snow Removal, Inc.,
appellant-respondent.
(Index No. 17378/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the respondent-appellant to withdraw its cross appeal from an order of the Supreme Court, Westchester County, dated November 5, 2004.

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

ORDERED that the application is granted and the 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

M26545

CF/

2004-10035
Florence P. McGee, respondent,
v Sebastian Lattuga, etc., et al., appellants.
(Index No. 25453/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants Mercy Medical Center, Erlinda Austria, and Rami Najjar, s/h/a John Nassar to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 24, 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 by Mercy Medical Center, Erlinda Austria, and Rami Najjar, s/h/a John Nassar 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

M26535

CF/

2005-01370
Tashine Morton, et al., respondents,
v Patrick M. Parnell, et al., appellants.
(Index No. 11003/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated December 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

M26544

CF/

2004-10824
Timothy Moses, plaintiff, v Samiha
Enterprises, Inc., d/b/a Club Monaco,
et al., respondents, SL Green Operating
Partnership, L.P., appellant.
(Index No. 31782/00)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated November 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

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

Appellate Division: Second Judicial Department

M26532

CF/

2005-04009
James Nixon, et al., appellants,
v Dolce/Aew Properties No. 1 Limited
Partnership, respondent.
(Index No. 339/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated March 28, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26560

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-05007
People of the State of New York, respondent,
v Louis McLaughlin, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a determination of the Supreme Court, Kings County, dated April 12, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Kings County, continues on appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

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

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

ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,

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

FLORIO, J.P., H. MILLER, RITTER, and RIVERA, 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

M26562

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-04153
People of the State of New York, respondent,
v Sarael Morales, appellant.

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 April 14, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,

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

FLORIO, J.P., H. MILLER, RITTER, and RIVERA, 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

M26561

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-03692
People of the State of New York, respondent,
v Valery Novack, appellant.

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 March 22, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,

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

FLORIO, J.P., H. MILLER, RITTER, and RIVERA, 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

M26528

CF/

2005-04589
Anthony Raffio, appellant-respondent,
v Jeffrey Sider, etc., et al., defendants,
North Shore University Hospital at
Plainview, respondent-appellant, Michael
A. Kennedy, et al., respondents.
(Index No. 4448/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 23, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26573

C/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-00628
Gideon Raviv, et al., appellants, v
Teahan & Constantino, et al., respondents.
(Index No. 12677/04)

DECISION & ORDER ON MOTION

Motion by the appellant Gideon Raviv to stay the enforcement of an order of the Supreme Court, Queens County, dated November 30, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

We note that the appellant 68 Burns New Holdings, Inc., must appear by an attorney (see CPLR 321[a]).

FLORIO, J.P., H. MILLER, RITTER and RIVERA, 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

M26537

CF/

2005-00108
Cheri Rotondi, et al., respondents,
v George R. Anderson, et al., appellants.
(Index No. 14643/02)

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 18, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26548

CF/

2005-00320
Joseph Rupolo, etc., et al., appellants,
v William Rupolo, et al., respondents
(Index No. 1294/02)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Surrogate's Court, Suffolk County, dated November 29, 2004.

Upon the stipulation of the parties, dated June 8, 2005, it is

ORDERED that 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

M26205

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-07588

Rubin Sterngass, appellant,
v Harry Soffer, et al., respondents.
(Index No. 1833/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Rockland County, dated July 20, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal.

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

ORDERED that the motion is granted on condition that on or before July 21, 2005, the appellant shall file a supplemental appendix containing the notice of motion, the affirmation in support of the motion, affirmation in opposition to the motion, and the reply affirmation, which were considered by the Supreme Court in determining the motion which resulted in the order dated July 20, 2004.

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

M26553

S/sl

2005-02070
Edward Ticali, Jr., respondent,
v Santa LoCascio, etc., appellant.
(Index No. 28472/03)

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, Queens County, dated

January 12, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 29, 2005, and the respondent's 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

M26534

Y/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-10366, 2005-04474
Danielle Turner, appellant, v Cool Wind
Ventilation Corp., et al., respondents.
(Index No. 13205/03)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from two orders of the Supreme Court, Richmond County, dated October 12, 2004, and March 16, 2005, respectively, to dismiss the appeal from the order dated March 16, 2005, on the ground that the order denies a motion for leave to reargue, and to enlarge the time to serve and file a brief.

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 from the order dated March 16, 2005, is denied with leave to the respondents to raise the issue in their brief; and it is further,

ORDERED that the branch of the motion which is to enlarge time is granted; the respondents' time to serve and file a brief is enlarged until July 18, 2005, and the respondents' brief must be served and filed on or before that date.

ADAMS, J.P., KRAUSMAN, FISHER 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

M26549

S/sl

2004-06528

Joseph Vingo, respondent,
v Saranne Rosner, et al., appellants.

(Index No. 47535/98)

ORDER ON APPLICATION

Application by the appellants 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, Kings County, dated June 28, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before June 21, 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

M26547

Y/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-05132
Wachovia Bank, N.A. etc., respondent, v
David Little, et al., appellants, et al., defendants.
(Index No. 12066/02)

DECISION & ORDER ON MOTION

Motion by the appellants to stay their eviction from the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered May 11, 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

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

Appellate Division: Second Judicial Department

M26276

M/nal

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-02434

In the Matter of Geraldine Hyacinthe-Cousins,
respondent, v Gerard Serge Hyacinthe, appellant.
(Docket No. F-03003-03)

DECISION & ORDER ON MOTION

Appeal by Gerard Serge Hyacinthe from an order of the Family Court, Kings County, dated February 10, 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 21, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

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

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until July 29, 2005.

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

M25279

HOWARD MILLER, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2005-01363
In the Matter of Dabari S. (Anonymous).
Miracle Makers, Inc., et al., petitioners-
respondents; Dawn S. (Anonymous),
appellant.
(Docket No. B-14352/00, B-15099/99)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated November 17, 2004, and for leave to the appellant to prosecute the appeal as a poor person.

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

ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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 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 Court Act § 1116); and it is further,

ORDERED that the stenographers(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 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and 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:

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10007

(212) 227-0206

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 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

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

Appellate Division: Second Judicial Department

M26531

CF/

2005-04273
In the Matter of Sabrina Wills, appellant,
v Jeffrey Wills, respondent.
(Docket No. V-16968-04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated April 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

M26577

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-04172

The People, etc., respondent,
v Alfred Barnes, appellant.
(Ind. No. 1818/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered April 15, 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 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:

Andrew MacAskill, Esq.

100 Merrick Road - Suite 340West

Rockville Centre, New York 11570

and it is further,

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

FLORIO, J.P., H. MILLER, RITTER, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 2244

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562-5442

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

Appellate Division: Second Judicial Department

M26566

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2003-10373

The People, etc., respondent,
v Christian Bierd, appellant.

(Ind. No. 2219-02)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered October 28, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED 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.

FLORIO, J.P., H. MILLER, RITTER and RIVERA, 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

M26565

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2004-02583
The People, etc., respondent,
v Joseph Bullard, appellant.
(Ind. No. 1322-04)

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, Suffolk County, rendered February 24, 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 opposition thereto, it is

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

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

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

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

FLORIO, J.P., H. MILLER, RITTER, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 R 0813

Wyoming Corr. Fac.

P. O. Box 501

Attica, New York 14011

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

Appellate Division: Second Judicial Department

M26558

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-04732

The People, etc., respondent,
v Nicholas DeJesus, appellant.

(Ind. No. 4809/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered May 21, 2004, and 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 branch of the motion which is to extend the time to take the appeal is granted; and it is further,

ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the branch of the motion which is for poor person relief 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.

FLORIO, J.P., H. MILLER, RITTER and RIVERA, 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

M26570

R/sl

HOWARD MILLER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2003-08419
The People, etc., respondent,
v Pedro Heureaux, appellant.

(Ind. No. 2900/02)

DECISION & ORDER ON MOTION

Motions 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 County Court, Nassau County, rendered July 24, 2003, and for leave to reargue a motion, inter alia, to be provided with copies of the Grand Jury minutes, which was determined by decision and order on motion of this court dated January 19, 2005.

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

ORDERED that the branch of the motion which is for leave to reargue is denied (see People v Wallace, 188 AD2d 499); and it is further,

ORDERED that the branch of the motion which is for an enlargement of time to serve and file the supplemental brief is granted, and the appellant's supplemental brief shall be served and filed on or before August 16, 2005; and it is further,

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

H. MILLER, J.P., RIVERA, SPOLZINO 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

M26575

E/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2003-04560
The People, etc., respondent,
v Andrew Huchital, appellant.
(Ind. No. 02-00233)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered April 23, 2002, for leave to file a supplemental brief and for leave to file exhibits to the supplemental brief.

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 file a supplemental brief is granted; and it is further,

ORDERED that the supplemental pro se brief submitted to the Clerk of the court is accepted for filing; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief in response to the supplemental pro se brief is enlarged until July 18, 2005, and the respondent's brief in response to the supplemental pro se brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is for leave to file exhibits to the supplemental brief is denied.

SANTUCCI, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

7784-A Lexington Club Blvd.

Delray Beach, FL 33446

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

Appellate Division: Second Judicial Department

M26563

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

1999-02047
The People, etc., respondent,
v Jeffrey Louisias, appellant.
(Ind. No. 756/98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered February 25, 1999, 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 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.

FLORIO, J.P., H. MILLER, RITTER, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

99 A 4057

Shawangunk Corr. Fac.

Box 700

Wallkill, New York 12589

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

Appellate Division: Second Judicial Department

M26564

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2003-09874
The People, etc., respondent,
v Nehemiah Rolle, appellant.
(Ind. No. 1677/02)

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 County Court, Nassau County, rendered September 19, 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 opposition thereto, it is

ORDERED that the motion is granted; 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.

FLORIO, J.P., H. MILLER, RITTER, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 R 5191

Oneida Corr. Fac.

P. O. Box 4580

Rome, New York 13442-4580

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

Appellate Division: Second Judicial Department

M26559

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-04741

The People, etc., respondent,
v Christopher Thompson, appellant.

(Ind. No. 5288/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 28, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) whether trial counsel was assigned or retained and if retained, 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.

FLORIO, J.P., H. MILLER, RITTER and RIVERA, 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

M26574

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-06395

The People, etc., respondent,
v Robert Tocci, appellant.
(Ind. No. 2914/01)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered July 16, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

Andrew MacAskill, Esq.

100 Merrick Road - Suite 340West

Rockville Centre, New York 11570

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.

COZIER, J.P., S. MILLER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

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

Appellate Division: Second Judicial Department

M26557

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2004-07754

The People, etc., respondent,
v Ronald M. Wright III, appellant.
(Ind. No. 2358-03)

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 August 5, 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.

FLORIO, J.P., H. MILLER, RITTER, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 3409

Elmira Corr. Fac.

Box 500

Elmira, New York 14902