Appellate Division: Second Judicial Department
M15028
Y/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2004-06645 ATIFA, etc., respondent, v Mohammed Akbar Shairzad, et al., appellants. (Action No. 1) (Index No. 9462/01) Masjid Hazrat Abubakr, appellant, v ATIFA, respondent. (Action No. 2) (Index No. 10945/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of a decision and order (one paper) of the Supreme Court, Queens County, dated June 18, 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 on the court's own motion, the appeal from so much of the decision and order as constitutes a decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the appeal from so much of the decision and order as constitutes an order is dismissed, without costs or disbursements, as that part of the decision and order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701); and it is further,
ORDERED that the motion is denied as academic.
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15155
J/sl
|
2004-01336
Black Knights Football Club, Inc., appellant, v Brian Frey, et al., respondents, et al., defendants; Patrick Quigley, et al., nonparty-respondents. (Index No. 16833/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated December 30, 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
M15157
J/sl
|
2004-01188 Charles Blando, et al., respondents, v Setauket Fire District, et al., appellants. (Index No. 5022/01)
| 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, Suffolk County, dated November 20, 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 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
M15166
A/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-09246 Chase Manhattan Mortgage Corp., respondent, v Brenda Ogunbekun, appellant. (Index No. 9496/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to recall and vacate so much of a decision and order on motion of this court dated May 24, 2004, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - May 2004 Calendar" as dismissed an appeal from an order of the Supreme Court, Queens County, dated August 5, 2003, for failure to timely perfect, 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 opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15158
J/sl
|
2004-01543
Erin D'Anna, appellant, v John D'Anna, respondent. (Index No. 5342/99)
| 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, Richmond County, dated December 22, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 27, 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
M15153
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-08217
Mable Davis, respondent, v Village of Port Chester, appellant. (Index No. 1578/99)
| 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, Westchester County, dated August 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.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15160
C/sl
NANCY E. SMITH, J.P.
SONDRA MILLER
THOMAS A. ADAMS
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-00668 Debra Halbig, respondent, v Joseph Halbig, appellant. (Index No. 9699/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent to reinstate her appeal from an order of the Supreme Court, Suffolk County, dated December 19, 2003, which was marked withdrawn by order on application of this court dated March 11, 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.
SMITH, J.P., S. MILLER, ADAMS, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15179
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-07701
Fernando Jacinto, et al., respondents, v Dormitory Authority of the State of New York, et al., appellants, et al., defendants.
(Index No. 22389/01)
| 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, Queens County, dated July 1, 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
M15169
S/sl
|
2004-01697
Audrey McCauley, appellant, v Gina Vandina, et al., respondents. (Index No. 12541/00)
| 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, Kings County, dated January 14, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 17, 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
M15156
A/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-06050
Anna M. Pappas, appellant, v Edward Doty, respondent. (Index No. 5795/01)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by the appellant pro se for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated April 9, 2004, which affirmed a judgment of the Civil Court of the City of New York, Small Claims Part, Kings County, dated December 27, 2001.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15126
Y/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2004-06644 Patrick C. Pottenger, appellant, v Donica Pottenger, respondent. (Index No. 200965/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Nassau County, dated July 20, 2004, as directed him to pay to the respondent the sum of $200 per week for child support, pending hearing and determination of an appeal from the order.
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 so much of the order as directed the appellant to pay to the respondent the sum of $200 per week for child support is stayed pending hearing and determination of the appeal, on condition that the appellant pay to the respondent the sum of $337 for child support on a biweekly basis pending the hearing and determination of the appeal; and it is further,
ORDERED that in the event the appellant does not comply with the above-stated condition, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15113
C/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-06588 Chaim Sieger, respondent, v Helen Sieger, appellant. (Index No. 6975/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to depose a nonparty witness, and to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 30, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14979
C/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-01362 Rosa Smajlaj, etc., et al., respondents, v First American Title Insurance Company of New York, appellant. (Action No. 1) (Index No. 03/006313) Scott Williams, etc., et al., respondents, v Fidelity National Title Insurance Company of New York, appellant. (Action No. 2) (Index No. 03/001421) Elizabeth Werter, etc., respondent, v Chicago Title Insurance Company, appellant. (Action No. 3) (Index No. 02/014958) John E. Lawlor, etc., respondent v National Title Insurance Company of New York, Inc., appellant. (Action No. 4) (Index No. 02/010467) Joseph Piscioneri, etc., et al., respondents, v Commonwealth Land Title Insurance Company, appellant. (Action No. 5) (Index No. 02/010764) Michael J. Scuorzo, etc., et al., respondents, v Lawyers Title Insurance Corporation, appellant. (Action No. 6) (Index No. 03/001815) Jeffrey Schwartz, etc. et al., respondents, v Stewart Title Insurance Company, appellant. (Action No. 7) (Index No. 02/018672) Adam Good, etc., respondent, v American Pioneer Title Insurance Company, appellant. (Action No. 8) (Index No. 02/010335)
| DECISION & ORDER ON MOTION |
Motion by the attorney for the appellant First American Title Insurance Company of New York to admit Charles A. Newman, Douglas W. King, and Stephen D. Feldman, attorneys in good standing in the State of Missouri, pro hac vice to represent that appellant on appeals from an order of the Supreme Court, Nassau County, entered January 15, 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.
PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15159
J/sl
|
2004-00107
Stephen B. Sutka, appellant, v Laurie E. Sutka, respondent. (Index No. 2644/97)
| 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 on an appeal from an order of the Supreme Court, Dutchess County, dated December 23, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 6, 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
M15151
Y/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-05455
Lucy Taylor, respondent, v New York City Transit Authority, appellant. (Index No. 3652/95)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 30, 2004, on the ground that it was untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15128
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-05623 Steve Williamson, appellant, v State of New York, respondent.
(Claim No. 104505)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Court of Claims, dated May 10, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15050
R/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2002-06372, 2002-06374 Edward Zacher, et al., plaintiffs, v Oakdale Islandia Limited Partnership, et al., defendants third-party plaintiffs-respondents, et al., defendants; First Indemnity of America Insurance Company, third-party defendant- appellant, et al., third-party defendants. (Index No. 1256/89)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Suffolk County, entered June 7, 2002, which was determined by decision and order of this court dated April 26, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15124
O/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-03036, 2004-04404 In the Matter of Luis A. (Anonymous), respondent. Pilgrim Psychiatric Center, appellant. (Index No. 6868/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Suffolk County, dated April 6, 2004, and May 14, 2004, respectively, to continue a stay of enforcement of the order dated May 14, 2004, granted by decision and order on motion of this court dated June 24, 2004, pending hearing and determination of the appeals, and separate motion by the appellant for leave to serve and file a "corrected appendix."
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion which is to continue the stay is denied as unnecessary as the stay continues unless vacated by decision and order on motion of this court; and it is further,
ORDERED that the motion which is for leave to serve and file a corrected appendix is granted, and the appellant shall serve and file a corrected appendix on or before September 7, 2004; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until October 7, 2004, and the brief shall be served and filed on or before that date.
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15163
PL/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-03331 In the Matter of Kiara B. (Anonymous). Suffolk County Department of Social Services, respondent; Andrea M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Justin W. (Anonymous). Suffolk County Department of Social Services, respondent; Andrea M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Michael B. (Anonymous). Suffolk County Department of Social Services, respondent; Andrea M. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-12816-03, B-12817-03, B-12818-03, B-12824-03, B-12826-03, N-188-02, N-189-02, N-190-02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated August 19, 2004, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Suffolk County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Suffolk County, dated April 1, 2004, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to relieve the counsel assigned 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 respondent-respondent on or before September 7, 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 are for the assignment of new counsel to represent the appellant on the appeal and for leave to prosecute the appeal as a poor person is denied with leave to renew on or before September 30, 2004, upon submission of proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income.
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15125
F/
ANITA R. FLORIO, J.P..
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-01827 In the Matter of Charisma Mahilya D. (Anonymous). Seamen's Society for Children and Families, respondent; Carolyn D. (Anonymous), appellant. (Docket No. B-7754-02)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated January 23, 2004, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Salvatore Adamo, Esq.
PMB 40
350 Fifth Avenue - Suite 3304
New York, New York 10118-0069
(212) 964-7983
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15150
O/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-09591, 2004-02530 In the Matter of Katlynn G. (Anonymous), etc. Department of Social Services, respondent; Jeannette M. B. (Anonymous), appellant. (Docket Nos. B-8431-03, N 1783-03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order Family Court, Suffolk County, entered September 20, 2003, to strike portions of the appellant's brief on the ground that it refers to matter dehors the record, to enlarge the time to serve and file a brief, or, in the alternative, for leave to serve and file a supplemental brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike portions of the appellant's brief is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; 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; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until September 23, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that on the court's own motion, the Law Guardian's time to serve and file a brief is enlarged until September 23, 2004, and the Law Guardian's brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief is denied as academic.
FLORIO, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15121
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-00630 In the Matter of Javon H. (Anonymous), appellant.
(Docket No. E-27043-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated December 23, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Francine Sharga, Esq.
869 East 12th Street
Brooklyn, New York 11230
(718) 377-4894
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15177
L/
|
2004-04021
In the Matter of Nicholas C. Hoffman, appellant, v Theresa Debello-Teheny, respondent. (Docket No. F-011361-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated March 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
M15075
A/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-04258 In the Matter of Joseph Kenreich, appellant, v Dana West, respondent. (Docket No. P-84/91)
| DECISION & ORDER ON MOTION |
Appeal by Joseph Kenreich from an order of the Family Court, Suffolk County, dated April 19, 2004. By order to show cause dated July 1, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 21, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated May 21, 2004 (see 22 NYCRR 670.4[a][5]).
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15090
E/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
ROBERT A. LIFSON, JJ.
|
2004-04304 In the Matter of Angela J. Kraft, respondent, v Wayne D. Kraft, appellant. (Docket No. O-15057/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated March 24, 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 denied with leave to renew on or before September 27, 2004, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income.
SCHMIDT, J.P., COZIER, MASTRO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15141
C/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2003-09792 In the Matter of Michael T. Sarro, petitioner, v Mary H. Smith, respondent.
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to reargue a proceeding pursuant to CPLR article 78 to review a determination of the respondent Mary H. Smith, dated September 4, 2003, which was determined by decision, order, and judgment of this court dated June 7, 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.
ALTMAN, J.P., S. MILLER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15154
O/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-10222, 2003-10223 In the Matter of Susan Winkler, appellant, v Michael Nussenblatt, respondent. (Docket No. F-01661/02)
| DECISION & ORDER ON MOTION |
Appeals by Susan Winkler from two orders of the Family Court, Queens County, both dated September 23, 2003. By order to show cause dated July 27, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated April 5, 2004, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated April 5, 2004, is amended to provide that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeals is enlarged until September 7, 2004.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14976
C/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2002-09176 The People, etc., respondent, v Jose Delgadillo, appellant. (Ind. No. 1271/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered September 20, 2002. Cross motion by the respondent to strike certain material from the appellant's proposed supplemental reply brief.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is 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
M15147
C/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2001-02163 The People, etc., respondent, v Juan Gomez, appellant.
(Ind. No. 99-01640)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered January 10, 2001, and to be provided with copies of certain trial exhibits.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to be provided with certain trial exhibits is granted to the extent that the Clerk of this court, or his designee, is directed to provide the appellant with copies of the following exhibits; medical reports dated July 29, 1999, and December 17, 1999, the Miranda warning card, and the defendant's confession, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file the appellant's supplemental pro se brief is granted; the appellant's supplemental pro se brief shall be served and filed on or before November 3, 2004.
ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15135
F/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-06366 The People, etc., respondent, v Jeanette Hegazy, appellant.
| DECISION & ORDER ON MOTION Motion for Poor Person Relief |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated June 8, 2004, as a poor person, for the assignment of counsel and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law 168-n (3), his status as a poor person continues on appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
The Legal Aid Society
199 Water Street - 5th Floor
New York, New York 10038
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13837
F/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-01594 The People, etc., respondent, v Dwight Jackson, appellant.
(Ind. No. 1830-03)
| 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, Suffolk County, rendered February 11, 2004, and for leave to prosecute the appeal pro se.
On March 30, 2004, the appellant's motion to dispense with printing was granted and the following named attorney was assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted on condition that, upon the filing of his appellate brief with this court the appellant shall also file a properly executed waiver of the right to appellate counsel, which waiver shall read as follows:
WAIVER OF RIGHT TO APPELLATE COUNSEL
I have been advised that (1) I have the right to be represented by an attorney in prosecuting my appeal, and (2) if I cannot afford to retain counsel, one will be assigned to represent me at State expense. Knowing these rights I have voluntarily elected to waive them and to represent myself on the appeal. I have not been forced to waive my rights and I believe myself to be of sufficient intelligence and ability to properly protect my own interests without the assistance of a lawyer to, among other things, write an appellate brief.
Dwight Jackson
State of )
) ss.
County of )
On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared Dwight Jackson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same, and that by his signature on the instrument, the individual executed the instrument.
Notary Public
; and it is further,
ORDERED that the assigned counsel is relieved of the assignment and is directed to deliver any transcripts of the proceedings in his possession and all papers on the appeal to the Clerk of this court, who shall deliver same to the person in charge of the institution wherein the appellant is incarcerated for the appellant's examination and use. The transcript shall be returned to this court when the appellant files his appellate brief; and it is further,
ORDERED that the appellant shall file nine copies of his brief and serve on copy on the District Attorney.
ALTMAN, J.P., S. MILLER, RIVERA, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
Dwight Jackson
04-A-0940
Attica Correctional Facility
Box 149
Attica, N.Y. 14011
Appellate Division: Second Judicial Department
M15112
C/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2002-07565, 2002-07567 The People, etc., respondent, v Clarence C. Jones, appellant. (Ind. No. 48178)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on appeals from a judgment of the County Court, Nassau County, rendered November 27, 1979, and an amended judgment of the same court rendered April 11, 1980.
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 respondent's time to serve and file a brief is enlarged until September 2, 2004, and the respondent's brief must be served and filed on or before that date.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15133
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-00264
The People, etc., respondent, v Dimas Lopez, appellant.
(Ind. No. 02-00745)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered December 15, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is 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:
Donald H. Zuckerman, Esq.
P.O. Box 460
Pound Ridge, New York 10576
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.
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 6791
Lakeview Shock Incarceration
Box T
Brocton, New York 14716
Appellate Division: Second Judicial Department
M15143
C/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2003-06126 The People, etc., respondent, v Chuks Nwogu, appellant. (Ind. No. 03-0068)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered October 16, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew, as the motion was made prematurely (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15058
F/
GLORIA GOLDSTEIN, J.
|
2004-05495
The People, etc., plaintiff, v Robert Samuel, defendant. (Ind. No. 55168/83)
| 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 County Court, Nassau County, dated June 8, 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.
GLORIA GOLDSTEIN
Associate Justice
Appellate Division: Second Judicial Department
M15129
F/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-05961 The People, etc., respondent, v James Swalo, appellant. (Ind. No. 1084/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered April 13, 2004.
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 an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Kings County, rendered April 13, 2004.
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15127
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-03721 The People , etc., respondent, DECISION & ORDER v Anthony Thompson, appellant. (Ind. No. 2306/02)
| 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 April 23, 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.
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 A 2354
Coxsackie Corr. Fac.
Box 999
Coxsackie, New York 12051
Appellate Division: Second Judicial Department
M15131
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
1998-05490 The People, etc., respondent, v Dely P. Vil, appellant. (Ind. No. 98-00064)
| 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 26, 1998.
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]).
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15132
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
1995-04206, 1995-04295 The People, etc., respondent, v Philomena Fibble Williams, appellant. (Ind. Nos. 94-00318, 94-00319)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned appeals from two judgments of the County Court, Rockland County, both rendered March 29, 1995.
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 appeals are dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15130
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2001-06534 The People, etc., respondent, v Rich Williams, appellant. (Ind. No. 00-00373)
| 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 January 24, 2001.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14978
C/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2001-09490 The People, etc., ex rel. Nathaniel Sims, appellant, v William Deciucies, etc., et al., respondents. (Ind. No. 427/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent New York State Division of Parole to dismiss an appeal from an order of the Supreme Court, Westchester County, entered October 12, 2001, on the ground that the appeal is academic.
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 the appeal is dismissed as academic, without costs or disbursements (see People ex rel. Hart v Travis, 240 AD2d 444).
SANTUCCI, J.P., H. MILLER, ADAMS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15049
E/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2004-06591
The People, etc., ex rel. Jennifer L. Ritter, o/b/o Julius Newton, appellant, v Warden, Kings County Prison Ward, etc., respondent. (Index No. 2161/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated July 14, 2004, as a poor person, for the assignment of counsel, for leave to deem the motion papers to be the record and briefs on appeal, and for a preference in the calendaring of 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 for a preference in the calendaring of the appeal is granted, and the appeal will be calendared when it is fully perfected; and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are 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 hearing on the motion, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of the proceeding 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Laura R. Johnson, Esq.
90 Church Street
New York, New York 10007
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; and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court