Appellate Division: Second Judicial Department
M14635
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DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
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2004-00300, 2004-00304
Petronela Aldecoa, etc., respondent, v Ianina Taxi Service, Inc., et al., appellants. (Index No. 22981/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect appeals from a judgment of the Supreme Court, Kings County, dated December 5, 2003, and an order of the same court dated December 17, 2003.
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 appellants' time to perfect the appeals is enlarged until October 8, 2004, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date.
RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14605
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2004-01287 Christian P. Benefield, respondent, v Halmar Corporation, defendant third-party plaintiff-respondent-appellant; Sussex County Erectors, Inc., third-party defendant-appellant- respondent. (Index No. 6520/94)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, entered January 8, 2004.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until September 13, 2004, and the joint record or joint appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-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
M14616
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2004-00541
Mary Anne Cestaro, appellant, v Mun Yuen Roger Chin, et al., defendants; Citibank, N.A., et al., respondents. (Index No. 22403/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 26, 2003.
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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14645
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DAVID S. RITTER, J.P.
HOWARD MILLER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
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2004-00981
John Crane, et al., plaintiffs, v JAB Realty, LLC, et al., defendants first and second third-party plaintiffs-appellants; Long Island Power Authority, third-party defendant-respondent; Keyspan Corporate Services, LLC, et al., second third-party defendants-respondents.
(Index No. 011570/02)
| 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, Nassau County, dated December 24, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., H. MILLER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14613
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2004-03884
D.F. Management, Inc., et al., appellants, v Paul Abrams, etc., et al., respondents. (Index No. 29850/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated March 16, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14614
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2004-04030
Elvira Dobrenko-Rosenfeld, respondent, v Shmuel Asis, appellant. (Index No. 2086/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 31, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14662
J/sl
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2004-01248, 2004-01249
EMC Mortgage Corporation, respondent, v Linda Marie Smith, a/k/a Linda M. Smith, appellant, et al., defendants. (Index No. 9755/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated November 21, 2003, and December 11, 2003, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until September 23, 2004, and the record or appendix on the appeals 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
M14651
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2003-03075
Stephen Evers, appellant, v Richard J. Carroll, Jr., et al., respondents. (Index No. 3304/98)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Orange County, dated October 31, 2002.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 8, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14618
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2004-05252
Fulfillment Solutions Advantage, Inc., et al., respondents, v Sean Novis, appellant. (Index No. 821/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated May 17, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14617
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2004-03746
Peggy Ann Fusco, et al., respondents, v Rajiuh Khandbur, defendant, Louis G. Kalogerakos, appellant.
(Index No. 17391/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 15, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14629
J/sl
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2003-09004
Sharon J. Gaetner, etc., et al., respondents, v Tammy Benkovich, appellant. (Index No. 21275/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated August 4, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 19, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14608
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2003-10537
Salvatore Gatto, Jr., respondent, v Rouse SI Shopping Center, Inc., defendant appellant- respondent, Worldscape, Inc., defendant third-party plaintiff-respondent-appellant; Rouse Company, third-party defendant appellant-respondent (Index No. 14219/97)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in response to the brief filed by the respondent-appellant Worldscape, Inc., on an appeal and cross appeal from an order of the Supreme Court, Richmond County, dated October 23, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief in response to the brief filed by the respondent-appellant Worldscape, Inc., is enlarged until August 23, 2004, and the brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14647
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DAVID S. RITTER, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2002-01227
Deborah Gavan, et al., plaintiffs- respondents, v Great Atlantic and Pacific Tea Company, et al., appellants; Murminen Construction Corporation, defendant-respondent. (Index No. 25243/99)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 18, 2001.
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.
RITTER, J.P., SANTUCCI, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14632
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2003-09817
God's Battalion of Prayer Church, Inc., appellant, v AXA Global Risks U.S. Insurance Company, etc., respondent. (Index No. 18141/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated September 22, 2003.
Upon the stipulation of the parties, dated July 22, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14630
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2003-06589
God's Battalion of Prayer Church, Inc., appellant, v AXA Global Risks U.S. Insurance Company, etc., respondent. (Index No. 30329/99)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated June 16, 2003.
Upon the stipulation of the parties, dated July 22, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14174
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2003-09818
God's Battalion of Prayer Church, Inc., appellant, v AXA Global Risks U.S. Insurance Company, etc., respondent. (Index No. 30329/99)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated September 22, 2003.
Upon the stipulation of the parties, dated July 22, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14658
J/sl
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2004-04608
Dexter Greenwood, respondent, v Charles Tuzzolo, et al., appellants. (Index No. 2684/03)
| 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, Nassau County, dated January 6, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 15, 2004, 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
M14609
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MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
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2004-05680 Sinclair Haberman, et al., petitioners-plaintiffs, v Zoning Board of Appeals of the City of Long Beach, et al., respondents-defendants. (Index No. 1138/04)
| DECISION & ORDER ON MOTION |
Motions by the (1) Zoning Board of Appeals of the City of Long Beach, Lenny Torres, Marcel Weber, Michael Fina, Stuart Banschick, Lorraine Divone, Michael Leonetti, City of Long Beach, Scott A. Kemins, as Commissioner of the Department of Buildings of the City of Long Beach, and Samuel Ungar and (2) Xander Corp. for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated May 17, 2004, and motion by Sinclair Haberman and Belair Building, LLC, for leave to appeal and to stay enforcement of so much of the order as remanded the matter to the Zoning Board of Appeals of the City of Long Beach, pending the hearing and determination of the appeals.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeals and cross appeals purportedly taken as of right are dismissed, without costs or disbursements (see CPLR 5701[b][1]; Katz v Katz, 68 AD2d 536); and it is further,
ORDERED that the motions are denied.
ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14619
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2003-08841
Frank Maniscalco, et al., respondents, v Curtis Mazer, et al., appellants. (Index No. 20543/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Roger L. Flore Associates, Inc., to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 9, 2003.
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 appeal by Roger L. Flore Associates, Inc., is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14611
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2004-01165
Frederick McLean, appellant, v Vladiminir Retian, et al., respondents. (Index No. 5762/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 7, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14665
J/sl
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2004-00800, 2004-00801 Solomon Mesholam, appellant, v Isabelle Helene Mesholam, respondent. (Index No. 21826/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Nassau County, entered March 11, 2003, and an order of the same court entered August 15, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 27, 2004, 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
M14615
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DAVID S. RITTER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEVEN W. FISHER, JJ.
|
2003-06286
Midwest First Financial Limited Partnership III, respondent, v First American Title Insurance Company of New York, appellant. (Index No. 8833/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, entered October 25, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until August 20, 2004, and the reply 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.
RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14621
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2004-01330
Mark Misk, respondent, v Joyce G. Moss, et al., defendants, Angela O'Brien, appellant. (Index No. 10886/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated December 8, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 5, 2004, 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
M14655
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2003-11030, 2003-11031
NC Venture I, L.P., appellant, v Complete Analysis, Inc., et al., defendants, Joseph E. Fiegoli, et al., respondents. (Index No. 6981/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Westchester County, entered October 23, 2003, and October 31, 2003, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until October 8, 2004, and the record or appendix on the appeals 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
M14639
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DAVID S. RITTER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEVEN W. FISHER, JJ.
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2004-00950 Claude Nadaf, appellant, v Albert Nadaf, et al., respondents. (Index No. 46506/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated January 23, 2004, 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 opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until September 8, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14640
E/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
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2004-04642, 2004-04677 Fernande Paltre, etc., et al., appellants, v General Motors Corporation, et al., respondents. (Action No. 1) (Index No. 5014/03) Lisa Baade, etc., appellant, v General Motors Corporation, et al., respondents. (Action No. 2) (Index No. 3318/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants in Action No. 1 to consolidate appeals from two orders of the Supreme Court, Nassau County, both dated April 21, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the parties shall serve and file 10 copies of the record on appeal and their respective briefs.
RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14625
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2004-02887
Joan Partlan, respondent, v Robert Conway, Jr., appellant. (Index No. 1631/03)
| 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 March 12, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14650
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MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2003-01404
Sha Quan Phillips, et al., appellants, v Wayne Fox, et al., respondents. (Index No. 19682/96)
| DECISION & ORDER ON APPLICATION Withdraw Appeal On Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 6, 2003.
Upon the stipulation of the attorneys for the respective parties, dated June 9, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
ALTMAN, J.P., H. MILLER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14600
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MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2003-10229
Rajesh Ramphal, et al., plaintiffs-respondents, v George Zandalasini, et al., defendants third-party plaintiffs-respondents-appellants, Andrew Hendry, et al., defendants third-party plaintiffs-appellants-respondents; Breezy Point Cooperative, Inc., third-party defendant-respondent. (Index No. 13008/97)
| DECISION & ORDER ON MOTION |
Motion by George Zandalasini and Karen Carey to stay the trial of the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Queens County, dated October 8, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the trial of the above-entitled action is stayed pending hearing and determination of the appeal.
ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14626
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2004-03249
Phyllis Scherwitzki, respondent, v P. Hendel Products Partnership, d/b/a McDonald's, appellant. (Index No. 16113/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 4, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14622
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2004-00690
Soudronic, Ltd., respondent, v Rene Furer, et al., appellants. (Index No. 16361/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 23, 2003.
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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14623
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2004-04767
Soudronic, Ltd., respondent, v Rene Furer, et al., appellants. (Index No. 16361/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 29, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14634
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2004-02312
John W. Temple, et al., plaintiffs- respondents, v Laura M. Izzo, etc., et al., defendants third-party plaintiffs-appellants, General Semiconductors, Inc., third-party defendant-respondent. (Index No. 13987/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 7, 1004.
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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14610
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DAVID S. RITTER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEVEN W. FISHER, JJ.
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2003-11365 In the Matter of Reuben Avent, petitioner, v Rockland County Judge Kelly, et al., respondents. (Index No. 7520/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner pro se in a proceeding pursuant to CPLR article 78, which was transferred to this court by order of the Supreme Court, Rockland County, dated December 18, 2003, for leave to prosecute the proceeding 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 for a waiver of the filing fee is denied as unnecessary; and it is further,
ORDERED that the branch of the motion which is to dispense with printing is granted; and it is further,
ORDERED that the proceeding will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the petitioner's and the respondents' briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other.
RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14607
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DAVID S. RITTER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEVEN W. FISHER, JJ.
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2004-00548 In the Matter of Theresa Carbone, respondent, v Frank Conti, appellant. (Docket No. F-00426/02)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Richmond County, dated December 18, 2003, and to grant the appellant leave to prosecute 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 is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before August 20, 2004, 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 seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before September 20, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14636
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FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
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2003-09159 In the Matter of Anthony LaPine, deceased. Attorney General of the State of New York, appellant; Mary Brault, a/k/a Mary Ann Neville, respondent. (File No. 80643/90)
| DECISION & ORDER ON MOTION |
Motion by William Grace Crane, the attorney for the respondent, on an appeal from a decree of the Surrogate's Court, Dutchess County, dated September 12, 2003, to be relieved 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 relation thereto, it is
ORDERED that the motion is granted, and William Grace Crane is relieved from representing the respondent with respect to the instant appeal; and it is further,
ORDERED that on or before August 23, 2004, William Grace Crane is directed to serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,
ORDERED that no further proceedings shall be taken against the respondent, without leave of the court, until the expiration of 30 days after service upon her of a copy of this decision and order; and it is further,
ORDERED that the respondent's time to serve and file a brief is extended until October 22, 2004.
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14602
E/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-06133
In the Matter of Joann Pozo, a/k/a Joann Ferrer, respondent, v Robert J. Pozo, appellant.
(Docket No. F-01227-88/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Suffolk County, dated July 7, 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.
ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14637
J/sl
DAVID S. RITTER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEVEN W. FISHER, JJ.
|
2003-07821, 2003-10992 In the Matter of Isabella Principato, et al., respondents, v Louis Lombardi, appellant.
(Index No. 33504/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated July 27, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by Cheryl S. Solomon to be relieved as Law Guardian for the children on appeals from two orders of the Supreme Court, Kings County, dated July 24, 2003, and November 20, 2003, respectively, in a proceeding pursuant to Domestic Relations Law § 72, and for the appointment of a new law guardian.
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 without prejudice to seeking the same relief in the Supreme Court, Kings County, on or before August 30, 2004; and it is further,
ORDERED that the time of the Law Guardian to serve and file a brief is enlarged until October 14, 2004, and the Law Guardian's brief must be served and filed on or before that date.
RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14604
E/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-06563 In the Matter of Jamar R. (Anonymous), respondent. Commissioner of the New York State Office of Mental Health, et al., appellants. (Index No. L-8/03) In the Matter of Anthony G. (Anonymous), respondent. Commissioner of the New York State Office of Mental Health, et al., appellants. (Index No. L-17/03) In the Matter of Martin J. (Anonymous), respondent. Commissioner of the New York State Office of Mental Health, et al., appellants. (Index No. L-39/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant Commissioner of the New York State Office of Mental Health for leave to appeal from an order of the Supreme Court, Orange County, dated June 29, 2004, and to stay enforcement of the order pending the hearing and determination of appeals therefrom and separate motion by the appellant People of the State of New York for the same relief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeals purportedly taken as of right are dismissed on the ground that the order dated June 29, 2004, is not appealable (see CPL 330.21[i], [iii]); and it is further,
ORDERED that the branches of the motions which are for leave to appeal are denied (see CPL 330.21[i], [iii]); and it is further,
ORDERED that the branches of the motion which are to stay enforcement of the order are denied as academic.
ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14653
L/
|
2003-11093
In the Matter of Tiffany R. (Anonymous). Administration for Children's Services of the City of New York, appellant; Fatima R. (Anonymous), respondent. (Docket No. NN-36168/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated December 17, 2003.
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 appeal is marked withdrawn; and it is further,
ORDERED that the stay granted by the decision and order on motion of this court, dated January 14, 2004, is vacated forthwith.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14627
E/sl
DAVID S. RITTER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEVEN W. FISHER, JJ.
|
2004-04644 In the Matter of Hyacinth T. (Anonymous). Administration for Children's Services, respondent; Hyacinth T. (Anonymous), appellant. (Docket No. N 10623/03)
| DECISION & ORDER ON MOTION |
Motion by 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 April 6, 2004, and to grant the appellant leave to prosecute 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 is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before August 20, 2004, 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 seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before September 20, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14603
E/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2002-10302 In the Matter of Silvan Tagliaferri, d/b/a Castle Hill Homes, petitioner-respondent, v Charles G. Weiler, et al., appellants. (Index No. 5872/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - May 2004 Calendar", dated May 24, 2004, as dismissed an appeal from an order of the Supreme Court, Nassau County, dated October 16, 2002, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation or opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14642
F/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2002-07621 The People, etc., respondent, v Kevin Alexander, appellant. (Ind. No. 6164/01)
| DECISION & ORDER ON MOTION Motion to File a Supplemental Brief |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered July 15, 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.
ALTMAN, J.P., KRAUSMAN, SPOLZINO, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
02 A 4175
Orleans Corr. Fac.
3531 Gaines Basin Blvd.
Albion, New York 14411
Appellate Division: Second Judicial Department
M14140
S/nal
WILLIAM F. MASTRO, J.
|
2004-01623, 2004-01624
The People, etc., respondent, v Peter Aliseo, appellant.
(S.C. I. Nos. 94-1821, 95-0065)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from two orders of the Supreme Court, Westchester County, both dated January 23, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is granted; the defendant is granted leave to appeal from the orders of the Supreme Court, Westchester County, both dated January 23, 2004, made in this case; and it is further,
CERTIFIED that said orders involve questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said orders.
WILLIAM F. MASTRO
Associate Justice
Appellate Division: Second Judicial Department
M14631
E/sl
DAVID S. RITTER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEVEN W. FISHER, JJ.
|
2002-03441 The People, etc., respondent, v Anthony Armstead, appellant. (Ind. No. 1646/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered April 2, 2002, for leave to serve and file exhibits to his supplemental brief.
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 academic in light of the decision and order on motion of this court in the above-entitled case, dated July 9, 2004.
RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
02 R 1782
Clinton Corr. Fac.
Box 2002
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M14628
L/
|
2003-02195, 2003-02268
The People, etc., respondent, v James Brown, appellant. (Ind. Nos. 1337/01, 1873/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two judgments of the Supreme Court, Nassau County, both rendered September 18, 2002.
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 appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14641
F/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2002-07574 The People, etc., respondent, v Kim Carl, appellant. (Ind. No. 01-01269)
| DECISION & ORDER ON MOTION Motion to File a Supplemental Brief |
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, Westchester County, rendered July 30, 2002.
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 on or before September 20, 2004.
ALTMAN, J.P., KRAUSMAN, SPOLZINO, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14137
S/nal
ANITA R. FLORIO, J.
|
2002-06809 The People, etc., plaintiff, v Mark A. Cody, Sr., defendant. (Ind. No. 1392/85)
| DECISION & ORDER ON MOTION |
Motion by the defendant for reargument of his prior application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated June 18, 2002, which was determined by me on February 7, 2003.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ANITA R. FLORIO
Associate Justice
Supreme Court of the State of New York
Appellate Division : Second Judicial Department
M14101
S/cf
ANITA R. FLORIO, J.
|
2003-04133 The People, etc., plaintiff, Thomas Hayes, defendant. (Ind. No. 3036/97)
| DECISION & ORDER ON MOTION |
Motion by the defendant for reargument of his prior application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated April 4, 2003, which was determined by former Justice William D. Friedmann in a decision and order on application dated December 1, 2003.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ANITA R. FLORIO
Associate Justice
Appellate Division: Second Judicial Department
M14606
E/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-05379 The People, etc., respondent, v Alejandro Hernandez, defendant. (Ind. No. 66174/87)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal to this court from an order of the County Court, Nassau County, dated May 14, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on the ground that the order is not appealable either by right or by permission (see CPL 450.10; 450.15).
RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14589
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-01914
The People, etc., respondent, v Michael Hibbert, appellant.
(Ind. No. 1133/03)
| 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 February 2, 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 that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Mark Diamond, Esq.
Box 287356
Yorkville Station
New York, New York 10128
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 1260
Oneida Corr. Fac.
Box 4580
Rome, New York 13442
Appellate Division: Second Judicial Department
M14049
F/
ROBERT W. SCHMIDT, J.
|
2004-05028
The People, etc., plaintiff, v Leroy Hoover, defendant. (Ind. No. 14238/95)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated May 12, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division: Second Judicial Department
M14612
L/
|
2004-03841
The People, etc., respondent, v Vincent E. King, appellant. (Ind. No. 03-01519)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester County, rendered March 9, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14588
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-05378
The People, etc., respondent, v Linzy Moore, appellant.
(Ind. No. 2863/03)
| 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 May 6, 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 that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order 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:
Leon Tracy, Esq.
366 N. Broadway - Suite 310
Jericho, New York 11753-2826
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 2854
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M14579
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-04253
The People, etc., respondent, v Jackie Moses, appellant.
(Ind. No. 8189/01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered May 3, 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 that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order 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 in 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:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
Please make inquiry to the State Inmate Locator
New York State Department of Correctional Services
Telephone: (518) 457-0043
Appellate Division: Second Judicial Department
M14591
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2002-06561 The People, etc., respondent, v Frank Nitti, appellant. (Ind. No. 683/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that the decision and order on motion of this court, dated April 29, 2004, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 19, 2002, is recalled and vacated; and it is further,
ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.
The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14633
E/sl
DAVID S. RITTER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEVEN W. FISHER, JJ.
|
2003-05458
The People, etc., respondent, v Montrell Perkins, appellant.
(Ind. No. 03-00054)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the County Court, Orange County, rendered June 10, 2003.
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 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 October 8, 2004.
RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14620
E/sl
DAVID S. RITTER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEVEN W. FISHER, JJ.
|
2002-10845
The People, etc., respondent, v Michael Sudbrink, appellant.
(Ind. No. 2199/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered October 28, 2002, and for the assignment of new counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant is granted leave to serve and file a supplemental brief; 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.
RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14643
F/
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2000-06400 The People, etc., respondent, v Joseph Tuck, appellant. (Ind. No. 00-00006)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Rockland County, rendered May 23, 2000.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
RITTER, J.P., S. MILLER, GOLDSTEIN, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14638
S/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2000-06401
The People, etc., respondent, v Joseph Tuck, appellant. (Ind. No. 00-00006)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Joseph Tuck from an judgment of the County Court, Rockland County, rendered May 23, 2000.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed as this appeal is a duplicate of an appeal pending under Appellate Division Docket No. 2000-06400.
RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court