Appellate Division: Second Judicial Department
M29622
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2004-08509, 2005-02734
America's Imaging Center, Inc., appellant, v A.J. Richard & Sons, Inc., et al., respondents. (Index No. 11935/04)
| 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 appeals from two orders of the Supreme Court, Queens County, dated July 1, 2004, and February 24, 2005, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 12, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29582
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FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
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2005-04380 Black Rock, Inc., appellant, v Z Best Car Wash, Inc., respondent. (Index No. 26901/04
| DECISION & ORDER ON MOTION |
Motion by the appellant Black Rock, Inc., on an appeal from an order of the Supreme Court, Suffolk County, dated March 29, 2005, to correct the notice of appeal dated May 3, 2005, to reflect that it is the appellant.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, and the notice of appeal is deemed corrected to reflect that the plaintiff Black Rock, Inc., is the appellant (see CPLR 2001).
SANTUCCI, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29594
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2004-10332
William G. Carlos, appellant, v Lovett & Gould, et al., respondents.
(Index No. 1104/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Dutchess County, dated November 3, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 9, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29623
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HOWARD MILLER, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
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2004-07152, 2004-11291 Mary R. Davey, respondent, v Peter F. Davey, appellant. (Index No. 10437/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from (1) a judgment of the Supreme Court, Westchester County, dated July 6, 2004, and (2) an order of the same court dated November 17, 2004, inter alia, in effect, to recall and vacate so much of a decision and order on motion of this court dated May 13, 2005, as, among other things, dismissed the appeals, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., RIVERA, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29590
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THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
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2005-01692 Equicredit Corporation of America, plaintiff- respondent, v Henry Goldman, et al., appellants, et al., defendant. (Index No. 18918/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the foreclosure sale of the subject property pending the hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered January 19, 2005, and separate application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the application and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 9, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29579
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HOWARD MILLER, J.P.
STEPHEN G. CRANE
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
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2004-10432 Patricia Eslin, respondent, v County of Suffolk, et al., defendants, Deep Hollow, Ltd., etc., appellant. (Index No. 21113/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated October 22, 2004,which was determined by decision and order of this court dated May 23, 2005, 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.
H. MILLER, J.P., CRANE, KRAUSMAN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29576
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2004-11118 Joshua Fruchter, appellant, v Merav Fruchter, respondent. (Index No. 21363/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated November 3, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 27, 2005, and the respondent's 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 in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29596
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FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
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2004-10177 Mary Gainey, et al., appellants, v Hubert Anorzej, respondent. (Index No. 23742/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 22, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until October 11, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29585
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THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
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2005-07897, 2005-07898, 2005-07899 Bruce Kelly, et al., respondents, v Gregory Chavez, appellant, et al., defendants. (Appeal Nos. 1 and 2) Bruce Kelly, et al., respondents, v Gregory Chavez, et al., defendants, Kristina Huser, appellant. (Appeal No. 3) (Index No. 26613/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from three orders of the Supreme Court, Queens County, all dated July 27, 2005, to stay enforcement of a judgment of the same court dated April 7, 2005, 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 motion is granted and enforcement of the judgment dated April 7, 2005, is stayed pending hearing and determination of the appeals on condition that (1) the appeals are perfected on or before October 23, 2005, and (2) the appellants pay the sum of $3,082.82 per month to the respondents for the use and occupancy of the subject premises, with payment for the month of September 2005, to be made on or before September 20, 2005, and payments for all subsequent months to be made on or before the first day of each subsequent month, pending hearing and determination of the appeals; and it is further,
ORDERED that in the event that the appellants do not comply with the foregoing conditions, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
ADAMS, J.P., CRANE, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29588
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THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
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2004-08989, 2005-02984 Roger A. Mason, appellant, v Leslaw J. Gredysa, respondent. (Index No. 23578/94)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from a judgment of the Supreme Court, Suffolk County, entered August 23, 2004, and a resettled judgment of the same court entered February 24, 2005, on the ground that the appendix is inadequate, or alternatively to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeals is denied; 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, the respondent's time to serve and file a brief is enlarged until October 11, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29577
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THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
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2005-02892 Maria Valdez, respondent, v Aramark Services, Inc., et al., appellants.
(Index No. 20284/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated February 18, 2005, to stay the trial in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29581
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THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
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2005-07999 In the Matter of Shari Iacone, et al., appellants, v Building Department of Oyster Bay Cove Village, et al., respondents. (Index No. 7424/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from a judgment of the Supreme Court, Nassau County, dated August 15, 2005, to enjoin the respondents Joseph Bellantuono and Mrs. Joseph Bellantuono from, inter alia, performing any work to construct a "sports court" at the premises located at 5 Tall Oak Court, Oyster Bay Cove, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the respondents Joseph Bellantuono and Mrs. Joseph Bellantuono are enjoined from performing any work to construct a "sports court" at the premises located at 5 Tall Oak Court, Oyster Bay Cove, pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 7, 2005, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 7, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29586
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THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
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2004-11084 In the Matter of Cherie Ingraham, et al., appellants, v Planning Board of Town of Southeast, et al., respondents. (Index No. 4026/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the record on an appeal from a judgment of the Supreme Court, Westchester County, dated October 29, 2004, and application by the respondent Glickenhaus Brewster Development, Inc., for an award of an attorney's fees and costs.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is denied without prejudice to making a motion for the same relief (see CPLR 8022[b]).
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29625
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A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
GLORIA GOLDSTEIN, JJ.
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2005-08315 In the Matter of Eric P. Lang, respondent, v Mary G. Lang-Blaney, appellant. (Docket No. V-00909-96)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Nassau County, dated August 8, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is granted and enforcement of the order dated August 8, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 24, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 24, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
PRUDENTI, P.J., FLORIO, H. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29572
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THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
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2005-07948 In the Matter of Nathaniel Robinson, Jr., respondent, v Health & Hospital Corporation, et al., appellants. (Index No. 9455/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Queens County, dated July 28, 2005, to vacate the automatic stay of enforcement of the judgment obtained pursuant to CPLR 5519(a)(1) pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on condition that the appeal is perfected on or before October 7, 2005; and it further,
ORDERED that in the event the appeal is not perfected on or before October 7, 2005, the court, on its own motion, may vacate the automatic stay, or the respondent may renew his motion to vacate the automatic stay on three days notice.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29515
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FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
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2005-04197 In the Matter of Theodore T. (Anonymous), appellant; Charles T. (Anonymous), respondent; Howard L. Rhine, intervenor-respondent.
(Index No. 100078/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated March 22, 2005, for leave to serve and file a supplemental record containing the petition in the proceeding and reports of a court evaluator, and to enlarge the time to serve and file a brief on the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file a supplemental record is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's 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 October 7, 2005, and the respondent's brief must be served and filed on or before that date.
SANTUCCI, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29589
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THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
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2004-10369 The People, etc., respondent, v Kevin Affoon, appellant. (Ind. No. 1614/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Nassau County, rendered October 12, 2004.
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 granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until October 6, 2005, and the respondent's brief must be served and filed on or before that date.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28997
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FRED T. SANTUCCI, JJ.
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2005-05386 The People, etc., plaintiff, v George Bell, defendant. (Ind. No. 128/97)
| 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, Queens County, dated May 11, 2005, 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.
FRED T. SANTUCCI
Associate Justice
Appellate Division: Second Judicial Department
M29440
L/
ROBERT W. SCHMIDT, JJ.
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2005-03624 The People, etc., plaintiff, v Ronald Bower, defendant. (Ind. No. 3144/91)
| 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, Queens County, dated March 23, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division: Second Judicial Department
M29389
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DANIEL F. LUCIANO, JJ.
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2005-04320 The People, etc., plaintiff, v Edward Brown, defendant. (Ind. No. 896/99)
| 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 January 11, 2005, 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.
DANIEL F. LUCIANO
Associate Justice
Appellate Division: Second Judicial Department
M29438
L/
ROBERT W. SCHMIDT, JJ.
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2005-03617 The People, etc., plaintiff, v Steve Charles, defendant. (Ind. No. 3870/00)
| 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, Queens County, dated February 8, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division: Second Judicial Department
M29439
L/
ROBERT W. SCHMIDT, JJ.
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2005-05129 The People, etc., plaintiff, v Steve Charles, defendant. (Ind. No. 3870/00)
| 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, Queens County, dated April 27, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division: Second Judicial Department
M29584
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THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
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2004-06858, 2005-08408
The People, etc., respondent, v Juan Duran, appellant.
(Ind. Nos. 2701/97, 3720/01)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment |
Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from an amended judgment of the Supreme Court, Queens County, rendered July 12, 2004, under Indictment No. 2701/97 (Appellate Division Docket No. 2005-08408), for leave to prosecute the appeal as a poor person, and for the assignment of counsel, and to consolidate the appeal with an appeal from a judgment of the same court, also rendered July 12, 2004, under Indictment No. 3720/01 (Appellate Division Docket No. 2004-06858).
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 granted; and it is further,
ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal from the amended judgment rendered July 12, 2004, under Indictment No. 2701/97; 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, hearings, and of the imposition of sentence in connection with the amended judgment rendered July 12, 2004, 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 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 under indictment No. 2701/98, including the recommendation sheet and any prior reports on the defendant which are incorporated in or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Lynn W.L. Fahey, Esq.
2 Rector Street, 10th Floor
New York, New York 10006
and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the appeals are consolidated; 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.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
04 R 3729
Livingston Corr. Fac.
P.O. Box 49
Sonyea, New York 14556
Appellate Division: Second Judicial Department
M29119
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STEPHEN G. CRANE, JJ.
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2005-05338 The People, etc., plaintiff, v Clifton Hall, defendant. (Ind. No. 2819/97)
| 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, Nassau County, dated April 18, 2005, 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.
STEPHEN G. CRANE
Associate Justice
Appellate Division: Second Judicial Department
M29437
L/
DANIEL F. LUCIANO, JJ.
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2005-05817 The People, etc., plaintiff, v Hans Leveille, defendant. (Ind. No. 301/01)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated May 24, 2005, 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.
DANIEL F. LUCIANO
Associate Justice
Appellate Division: Second Judicial Department
M29620
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THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
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2005-02978 The People, etc., appellant, v Vincent Litto, respondent. (Ind. No. 404/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 31, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing its brief on the appeal is enlarged until October 17, 2005.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29388
L/
DANIEL F. LUCIANO, JJ.
|
2005-04805 The People, etc., plaintiff, v Jose Maisonet, defendant. (Ind. No. 31/98)
| 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, Queens County, dated January 21, 2005, 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.
DANIEL F. LUCIANO
Associate Justice
Appellate Division : Second Judicial Department
M29084
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ROBERT A. SPOLZINO, J.
|
2005-04874 The People, etc., plaintiff, v Kurt Miller, defendant. (Ind. No. 1482/97)
| 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, Queens County, dated February 2, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT A. SPOLZINO
Associate Justice
Appellate Division : Second Judicial Department
M29085
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ROBERT A. SPOLZINO, J.
|
2005-06273
The People, etc., plaintiff, v Calvin Moore, defendant. (Ind. No. 3889/02)
| 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 June 8, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT A. SPOLZINO
Associate Justice
Appellate Division: Second Judicial Department
M28998
L/
FRED T. SANTUCCI, JJ.
|
2005-05130 The People, etc., plaintiff, v John Perazzo, defendant. (Ind. No. 01-01577)
| 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, Westchester County, dated May 3, 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.
FRED T. SANTUCCI
Associate Justice
Appellate Division: Second Judicial Department
M29580
Y/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2001-02524 The People, etc., respondent, v Patrick Perry, appellant. (Ind. No. 190/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, rendered February 23, 2001, which was determined by decision and order of this court dated June 20, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., SCHMIDT, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29000
L/
FRED T. SANTUCCI, JJ.
|
2005-06275 The People, etc., plaintiff, v Lorenzo Ramsey, defendant. (Ind. No. 11910/93)
| 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 June 1, 2005, 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.
FRED T. SANTUCCI
Associate Justice
Appellate Division: Second Judicial Department
M29391
L/
DANIEL F. LUCIANO, JJ.
|
2005-06909 The People, etc., plaintiff, v Sukhjinder Sandher, defendant. (Ind. No. 339/99)
| 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, Queens County, dated April 21, 2005, 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.
DANIEL F. LUCIANO
Associate Justice
Appellate Division: Second Judicial Department
M29121
L/
STEPHEN G. CRANE, JJ.
|
2005-04167 The People, etc., plaintiff, v James Spencer, defendant. (Ind. No. 477/98)
| 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 March 22, 2005, 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.
STEPHEN G. CRANE
Associate Justice
Appellate Division: Second Judicial Department
M29441
L/
ROBERT W. SCHMIDT, JJ.
|
2005-04023 The People, etc., plaintiff, v Kevin Thurmond, defendant. (Ind. No. 8090/99)
| 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 March 21, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division: Second Judicial Department
M29002
L/
FRED T. SANTUCCI, JJ.
|
2005-06537 The People, etc., plaintiff, v Richard K. Valentin, defendant. (Ind. No. 2262/95)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated May 31, 2005, 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.
FRED T. SANTUCCI
Associate Justice
Appellate Division: Second Judicial Department
M29390
L/
DANIEL F. LUCIANO, JJ.
|
2005-04994 The People, etc., plaintiff, v Kevin Whyte, defendant. (Ind. No. 2801/98)
| 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, Queens County, dated April 1, 2005, 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.
DANIEL F. LUCIANO
Associate Justice
Appellate Division: Second Judicial Department
M29583
Y/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2003-03725 The People, etc., respondent, v Vladimir Zuran, appellant. (Ind. No. 6755/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered March 28, 2003, to unseal and release to the appellant's counsel the minutes of an ex parte examination by the trial court of the witness Alexandra Kirsensko. By decision and order on motion of this court dated March 4, 2005, the motion was held in abeyance, to be determined after an in camera review of the minutes in question.
Upon the papers filed in support of the motion, the papers filed in opposition thereto, and an in camera review of the minutes in question, it is
ORDERED that the motion is granted to the extent that the appellant's counsel is granted leave to inspect and review the minutes in the office of the Clerk of the Court, and the motion is otherwise denied.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court