Appellate Division: Second Judicial Department
M14836
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2004-01500
Elizabeth Franco Adjmi, respondent, v Sam Stanley Adjmi, appellant. (Index No. 16079/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 31, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M14828
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2004-00338
Marsel Amona, et al., appellants, v Orange and Rockland Utilities, Inc., respondent. (Index No. 6975/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated December 5, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 18, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14832
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2004-02020
Christopher Commins, respondent, v Wendy's International, appellant. (Index No. 19555/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated January 22, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M14829
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A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
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2002-02700
Alfred Curci, et al., respondents, v Methodist Hospital, et al., defendants, John J. Ippolito, et al., appellants. (Index No. 41147/95)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 8, 2002.
Upon the stipulation of the attorneys for the respective parties, dated July 14, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14827
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2004-00712
Rebecca S. Daly, respondent, v John M. Daly, appellant. (Index No. 8670/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered December 19, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 13, 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
M14660
J/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
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2004-01173 Hannah Fine, respondent, v Lawrence Fine, appellant. (Index No. 7598/02)
| DECISION & ORDER ON MOTION |
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 19, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701); and it is further,
ORDERED that the application is denied as academic.
PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14830
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2004-01681
Alyssa Goldstein, et al., respondents, v North Shore University Hospital, et al., appellants. (Index No. 4496/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 12, 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
M14791
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2003-11235
Wendie Gomez, appellant, v Clay C. Rivers, respondent. (Index No. 1823/02)
| 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, Rockland County, dated November 10, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 11, 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
M14798
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2004-04687
Gennady Gorelik, appellant, v Elena Gorelik, respondent. (Index No. 42856/92)
| ORDER TO SHOW CAUSE |
Appeal by Gennady Gorelik from an order of the Supreme Court, Kings County, dated March 22, 2004. By scheduling order dated June 8, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Supreme Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated June 8, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before August 30, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14819
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MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-00638
Santiago Hernandez, respondent, v Gloria Yuen, appellant. (Index No. 10181/00)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 22, 2002.
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.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14831
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2004-01515 Mathew Hornestay, et al., respondents, v New York City Transit Authority, et al., appellants. (Index No. 49924/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated January 12, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 12, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14826
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A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-08593
Joan Kirschner, et al., respondents, v Cedarhurst Center, LLC, et al., defendants, LaToys, Inc., appellant. (Index No. 7287/00)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 25, 2003.
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.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14814
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2003-07650
Robert F. Malerba, appellant, v Michael T. Clifford, et al., respondents. (Index No. 14359/90)
| 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 July 25, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 3, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial DepartmentM14834
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2003-08215
Margaretten & Company, Inc., appellant, v Eleanor Taubenblat, et al., respondents. (Action No. 1) (Index No. 14100/94) Chase Manhattan Mortgage Corporation, f/k/a Chemical Residential Mortgage Corporation, f/k/a Margaretten & Company, Inc., appellant, v Eleanor Taubenblat, et al., respondents. (Action No. 2) (Index No. 48255/98) Chase Manhattan Mortgage Corporation, f/k/a Chemical Residential Mortgage Corporation, f/k/a Margaretten & Company, Inc., appellant, v Eleanor Taubenblat, et al., respondents. (Action No. 3) (Index No. 36925/02)
| 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 April 24, 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
M14792
M/nal
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2004-02130, 2004-06690 Navah Matis, respondent-appellant, v Ephraim Matis, appellant-respondent. (Index No. 32321/97)
| SCHEDULING ORDER |
Appeals and cross appeal from an order of the Supreme Court, Kings County, dated February 18, 2004, and an order and a judgment (one paper) of the same court, dated July 13, 2004. The appellant-respondent's brief was filed in the office of the Clerk of this court on August 5, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent-appellant and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M14812
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2004-05151
Luz Nunez, etc., et al., respondents, v Anastasios Mousouras, appellant, et al., defendants. (Index No. 49345/01)
| ORDER ON APPLICATION |
Application by the respondents, joined by the appellant, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated September 25, 2003, and to enlarge the appellant's time to serve and file a reply brief.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 7, 2004, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's reply brief shall be served and filed on or before October 7, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14813
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2004-00140
Emily Perdoncin, et al., appellants, v Albert Barnett, et al., respondents. (Index No. 1402/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated October 2, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 1, 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
M14818
PL/sl
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2003-08650 Angeliki Petropoulos, et al., appellants, v New York City Transit Authority, et al., respondents. (Index No. 35838/01)
| 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 an order of the Supreme Court, Kings County, dated August 27, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before August 23, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14837
PL/sl
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2004-01750
Janet Thompson, respondent, v Steven Thompson, appellant. (Index No. 18702/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, entered October 8, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 18, 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
M14833
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2003-09810
Lily Wang, appellant, v Brookhaven Locksmiths, Inc., et al., respondents. (Index No. 19540/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 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
M14821
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2003-10501
Kareem Young, et al., respondents, v City of New York, et al., defendants, Board of Education City of New York, et al., appellants. (Index No. 18593/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 24, 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
M14835
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2004-05372
In the Matter of Kaitlin Julieann A. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant. (Proceeding No. 1) In the Matter of Brandon A. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant. (Proceeding No. 2). (Docket Nos. B-12168-00/03, B-12169-00/03)
| 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 May 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
M14795
M/nal
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2004-05175
In the Matter of Dawn Balassone, appellant, v Daniel F. Balassone, respondent. In the Matter of Daniel F. Balassone, respondent, v Dawn Balassone, appellant. (Docket No. V-01592-03)
| ORDER TO SHOW CAUSE |
Appeal by Dawn Balassone from an order of the Family Court, Dutchess County, dated April 30, 2004. By scheduling order dated July 2, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 2, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before August 30, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14753
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FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2004-01766 In the Matter of Ballesteros, deceased. Michael A. Ballesteros, respondent; Mary Carmen Ballesteros, appellant; Cheryl Nielsen, et al., intervenors-respondents.
(File No. 483/01)
| DECISION & ORDER ON MOTION |
Motion by Cheryl Nielsen and Linda Greco for leave to intervene as respondents on an appeal from an order of the Surrogate's Court, Kings County, dated June 13, 2003, to amend the caption to reflect that Cheryl Nielsen and Linda Greco are intervenors, 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 branches of the motion which are for leave to intervene and to amend the caption are granted, and the caption is amended accordingly; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted to the extent that the intervenors-respondents shall serve and file their brief on or before September 10, 2004, and that branch of the motion is otherwise denied.
SANTUCCI, J.P., H. MILLER, ADAMS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14844
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A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-06499 In the Matter of Sherry Blount-Delice, petitioner, v Brindly Joseph, respondent.
(Index No. V-20907-04)
| DECISION & ORDER ON MOTION |
Motion by Sherry Blount-Delice, inter alia, for leave to appeal to this court from an order of the Family Court, Kings County, dated July 23, 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 for leave to appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14801
M/nal
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2004-05238
In the Matter of Denise Bugdin, appellant, v James A. Bugdin, respondent. (Docket No. F-00979-03)
| ORDER TO SHOW CAUSE |
Appeal by Denise Bugdin from an order of the Family Court, Suffolk County, dated May 27, 2004. By scheduling order dated July 2, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 2, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before August 30, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14805
M/nal
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2003-05963 In the Matter of Baby Boy C. (Anonymous). Administration for Children's Services, respondent; Douglas B. (Anonymous), appellant. (Docket No. B-16071-01)
| SCHEDULING ORDER |
Appeal by Douglas B. from an order of the Family Court, Kings County, dated April 25, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 14, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until September 7, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14705
M/nal
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2004-06623 In the Matter of Carl F. (Anonymous), appellant. (Docket No. D-433/04)
| SCHEDULING ORDER |
Appeal by Carl F. from an order of the Family Court, Queens County, dated April 21, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M14811
M/nal
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2004-00482 In the Matter of Shanasia H. (Anonymous). Suffolk County Department of Social Services, respondent; Eric R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dominque L. (Anonymous). Suffolk County Department of Social Services, respondent; Eric R. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-1004/03, N-1512/03, F-15540-02)
| SCHEDULING ORDER |
Appeal by Eric R. from an order of the Family Court, Suffolk County, entered December 15, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until September 7, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14709
M/nal
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2004-06636, 2004-06637 In the Matter of Elizabeth Hamilton, respondent, v Susan Hamilton, appellant. (Docket No. F-04415-03)
| SCHEDULING ORDER |
Appeals by Susan Hamilton from two orders of the Family Court, Kings County, dated November 26, 2003, and June 30, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M14808
M/nal
|
2004-02254
In the Matter of Angelique Marie J. (Anonymous). Little Flower Children's Services, petitioner- respondent; Katherine J. (Anonymous), appellant; Christopher M. (Anonymous), et al., intervenors- respondents.
(Docket No. B-2097-99)
| ORDER TO SHOW CAUSE |
Appeal by Katherine J. from an order of the Family Court, Queens County, dated August 29, 2003. By decision and order of this court dated June 18, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before August 2, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before August 30, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14839
S/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-06573 In the Matter of Wendy Jones, respondent, v Glenville Stanley, appellant. (Docket No. P-30364-03)
| DECISION & ORDER ON MOTION |
Appeal by Glenville Stanley from an order of the Family Court, Kings County, dated July 7, 2004.
Now, on the court's own motion, it is
ORDERED that the appellant's notice of appeal is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701[c]).
PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14810
M/nal
|
2004-01923
In the Matter of Leroy Joyner, appellant, v Sheila Joyner, respondent. (Docket No. F-2010/98)
| ORDER TO SHOW CAUSE |
Appeal by Leroy Joyner from an order of the Family Court, Suffolk County, dated February 9, 2004. By scheduling order dated June 30, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated June 30, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before August 30, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14841
S/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-06614 In the Matter of Jennifer L. (Anonymous), et al. Maria E. L. (Anonymous), respondent; Geovanny L. (Anonymous), appellant. (Docket Nos. NN-06011-01, NN-06012-01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Geovanny L. from an order of the Family Court, Queens County, dated June 18, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as Geovanny L. is not aggrieved by the order appealed from (see CPLR 5511).
PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14842
S/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-06615
In the Matter of Bibi F. Lallmohamed, respondent, v Saheed Lallmohamed, appellant. (Docket No. O-16950/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Saheed Lallmohamed from an order of the Family Court, Queens County, dated June 28, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the appellant's default (see CPLR 5511).
PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14816
PL/sl
|
2004-01665 Matter of Liberty Mutual Insurance Company, appellant, v Thomas Kiesling, respondents. (Index No. 12248/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated December 31, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 12, 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
M14840
S/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-06629
In the Matter of Kathy D. Masterson, respondent, v Robert E. Masterson, appellant. (Docket No. O-14186-04)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Robert E. Masterson from an order of the Family Court, Nassau County, dated June 29, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the appellant's default (see CPLR 5511).
PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14582
M/nal
|
2004-06412, 2004-06413 In the Matter of Shahzada Q. Mohammad, respondent, v Abdul Q. Mohammad, appellant. (Docket Nos. V-26688/99, V-27057/99)
| SCHEDULING ORDER |
Appeals by Abdul Q. Mohammad from two orders of the Family Court, Kings County, dated July 2, 2004, and June 28, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M14800
M/nal
|
2004-00472
In the Matter of Lorraine Montez, respondent, v Santiago Montez, appellant. (Docket No. F-15540/02)
| ORDER TO SHOW CAUSE |
Appeal by Santiago Montez from an order of the Family Court, Westchester County, dated December 8, 2003. By scheduling order dated May 14, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 14, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before August 30, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14845
S/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-05607, 2004-06696, 2004-06697
In the Matter of Timothy Nomeland, respondent, v Ann Hopkins, appellant.
(Index No. F-01364-00)
| DECISION & ORDER ON MOTION |
Motion by Ann Hopkins on appeals from three orders of the Family Court, Richmond County, all dated May 27, 2004, inter alia, for leave to appeal to this court from the orders, if necessary and to stay enforcement of the order dated May 27, 2004, which directed her incarceration for 16 consecutive weekends pending hearing and determination of the appeals.
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 appeal from the order dated May 27, 2004, which released the appellant from the New York City Department of Corrections is denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal from the remaining orders is denied as unnecessary (see Family Ct Act § 1112); and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14820
S/sl
|
2004-01454
In the Matter of Rita R. (Anonymous). Andrea S. Kerner, appellant-respondent; Richard Rosenberg, respondent-appellant. (File No. 326216)
| 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 an order of the Surrogate's Court, Nassau County, dated January 7, 2004.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until October 12, 2004, and the joint record or appendix on the appeal 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
M14765
F/
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2002-11096 The People, etc., respondent, DECISION & ORDER v Keith Brown, appellant. (Ind. No. 130/01)
| 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, Richmond County, rendered December 9, 2002, 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 no papers having been filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
SANTUCCI, J.P., H. MILLER, ADAMS, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
02 R 6528
Mohawk Corr. Fac.
Box 8451
Rome, New York 13342
Appellate Division: Second Judicial Department
M14766
F/
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2003-06113 The People, etc., respondent, DECISION & ORDER v John Ennis, appellant. (Ind. No. 5537/02)
| ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 18, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
SANTUCCI, J.P., H. MILLER, ADAMS, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 A 3496
Upstate Corr. Fac.
Box 2001
Malone, New York 12953
Appellate Division: Second Judicial Department
M14774
F/
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2003-08675 The People, etc., respondent, v Ercrey Granger, appellant.
(Ind. No. 2175/02)
| 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 February 20, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before October 11, 2004.
SANTUCCI, J.P., H. MILLER, ADAMS, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 1154
Coxsackie Corr. Fac.
Box 999
Coxsackie, New York 12051
Appellate Division : Second Judicial Department
M14374
F/
MYRIAM J. ALTMAN, J.
|
2004-04697 The People, etc., plaintiff, v Randolph Hayes, defendant. (Ind. No. 6256/00)
| 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 April 15, 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.
MYRIAM J. ALTMAN Associate Justice
Appellate Division: Second Judicial Department
M14781
F/
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2004-06143, 2004-06144 The People, etc., respondent, v Imran Hoosain, appellant. (Ind. Nos. 409/03, 410/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.30 to extend his time to take appeals from two judgments of the Supreme Court, Queens County, both rendered October 30, 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 appellant's time to take appeals from two judgments is extended and the appellant's motion papers are deemed timely notices of appeal from the judgments of the Supreme Court, Queens County, both rendered October 30, 2003.
SANTUCCI, J.P., H. MILLER, ADAMS, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14771
F/
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2002-00537 The People, etc., respondent, DECISION & ORDER v Tony Hudgins, appellant. (Ind. No. 1932-01)
| 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, Suffolk County, rendered December 18, 2001, 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.
SANTUCCI, J.P., H. MILLER, ADAMS, and LIFSON, JJ., concur
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
02 A 0498
Green Haven Corr. Fac.
Box 4000
Stormville, New York 12582
Appellate Division: Second Judicial Department
M14770
F/
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2003-01948 The People, etc., respondent, DECISION & ORDER v Andrew James, appellant. (Ind. No. 2311/01)
| ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered February 25, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
SANTUCCI, J.P., H. MILLER, ADAMS, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
01 A 4383
Five Points Corr. Fac.
Box 119
Romulus, New York 14541
Appellate Division: Second Judicial Department
M14777
F/
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2002-00664 The People, etc., respondent, v Darrell Johnson, appellant. (Ind. No. 34/01)
| 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 County Court, Westchester County, rendered December 17, 2001.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., H. MILLER, ADAMS, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
02 A 0174
Clinton Corr. Fac.
Box 2001
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M14764
F/
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2002-04912 The People, etc., respondent, DECISION & ORDER v Josiah McTier, appellant. (Ind. No. 3236/01)
| ON MOTION |
Renewed 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 May 14, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
SANTUCCI, J.P., H. MILLER, ADAMS, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
02 A 2990
Green Haven Corr. Fac.
Box 4000
Stormville, New York 12582