12-02-2003_MOTION

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MOTION DECISIONS FOR DECEMBER 2, 2003

ent ID

TITLE	Case Number
Caffery v BJY Materials, Inc.	2003-09559
Kessler v Gold	2003-07465
Paisley v Coin Device Corp.	2003-00975
Mtr of A. (Anonymous), Tracey Ann
Mtr of A. (Anonymous), Travis	2003-06085
Mtr of B. (Anonymous), Kathryn	2003-09692
Mtr of Cichosz v Cichosz	2003-09385
Mtr of Cogswell v Spelatis	2003-07822
Mtr of D. (Anonymous), Alonzo Jason
Mtr of D. (Anonymous), Nyomi	2003-08771
Mtr of Ferretti v Ferretti	2003-06303
Mtr of G. (Anonymous), Infinite	2003-07243 + 2
Mtr of G. (Anonymous), Katlynn	2003-09591
Mtr of Gabriel v DiBari	2003-09326
Mtr of Goldstein v Goldstein	2003-09350
Mtr of Grossman v Grossman	2003-02786 + 1
Mtr of Idowu v Idowu	2003-07525
Mtr of K. (Anonymous), Walter	2003-09520
Mtr of Lewis v Redhead	2003-01414
Mtr of M. (Anonymous), Raymond Anthony Jr.	2003-06031
Mtr of N. (Anonymous), Alexander
Mtr of Progressive Northeastern Insurance
Mtr of S. (Anonymous), Darrin	2003-09593 + 1
Mtr of S. (Anonymous), Malcolm Johnathin	2003-08127
Mtr of Suffolk County Department
Mtr of W. (Anonymous), Lauramarie Addie	2003-08121
Mtr of W. (Anonymous), Lauramarie Addie	2003-08121
Peo v Andino, Wenceslao	1995-00186
Peo v Bartow, Kerry	2001-05640
Peo v Batts, George	2000-03589
Peo v Branch, Arthur	2001-03811
Peo v Broadus, Kevin	2002-08686
Peo v Evans, Ryan Hardy	2002-05255
Peo v Figueroa, Joseph	1995-04795
Peo v Fuller, Tracey	1995-03009
Peo v Gordon, Omar	1995-04854
Peo v Grant, Shawn	2003-09318
Peo v Keller, Derrick	2002-08844
Peo v Kowal, Adam	2003-10050
Peo v Lent, Gene	2002-06613
Peo v Lesene, Stephen	1994-10754
Peo v Lewis, Michael	1995-07076
Peo v Lumpkin, Angela	2002-03294
Peo v McKoy, Nicholas	2003-08228
Peo v Nadal, Israel	2000-03213
Peo v Pepin, Hector	2003-08252
Peo v Petronio, Mark	2002-06976
Peo v Pitter, Hugh	1991-08232
Peo v Prince, Olga	1994-10344
Peo v Roacher, Jameek	2003-00882
Peo v Santana, Rey	1991-10828
Peo v Sapp, Umar	2000-05420 + 1
Peo v Sifontes, Jerome A.	2003-09135 + 1
Peo v Singh, Jermaine, a/k/a Sing	2000-10845
Peo v Staten, Kenneth	1995-04768
Peo v Tulososa, Marcos	2003-08803
Peo v Williams, Eustace	1995-00672

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5157

Y/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2003-09559
Gerald V. Caffery, et al., respondents,
v BJY Materials, Inc., et al., appellants,
et al., defendants.
(Index No. 8180/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Orange County, dated September 18, 2003.

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

ORDERED that the motion is granted and the trial of the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 2, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 2, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5107

A/sl

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-07465
Debra A. Kessler, et al., appellants,
v Burton Gold, etc., et al., respondents.
(Index No. 18209/98)

DECISION & ORDER ON MOTION

Separate motions by the respondents Winthrop University Hospital and Robert F. Mazzeo to dismiss an appeal from an order of the Supreme Court, Nassau County, dated June 23, 2003.

ORDERED that the motions are granted, and the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see Lumbermen's Mut. Cas. Co. v Fireman's Fund Am. Ins. Co., 117 AD2d 588).

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5170

S/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-00975
Dougal Paisley, et al., respondents, v
Coin Device Corp., et al., appellants, et al.,
defendant.
(Index No. 29081/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order dated October 24, 2003, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated December 18, 2002.

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

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

ORDERED that the respondents' time to serve and file a brief is enlarged and the respondents' brief submitted to the Clerk of this court on November 17, 2003, is accepted for filing; and it is further,

ORDERED that on the court's own motion the appellants' time to file a reply brief is enlarged and the reply brief shall be filed on or before December 10, 2003.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4024

M/mv

2003-08618

In the Matter of Tracey Ann A. (Anonymous).
Administration for Children's Services, respondent;
Hubert E. (Anonymous), appellant.
(Proceeding No. 1)
(Docket No. N-00401/02)
In the Matter of Kerri Ann E. (Anonymous).
Administration for Children's Services, respondent;
Hubert E. (Anonymous), appellant.
(Proceeding No. 2)
(Docket No. N-00402/02)

SCHEDULING ORDER

Appeal by Hubert E. from an order of the Family Court, Kings County, dated September 17, 2003. By decision and order on motion of this court dated October 29, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Jeffrey Bluth, Esq.

415 Albermarle Rd.

Brooklyn, New York 11218

(718) 435-5357

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 29, 2003, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5120

M/mv

ANITA R. FLORIO, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-06085

In the Matter of Travis A. (Anonymous).
Administration for Children's Services, respondent;
Charise A. (Anonymous), appellant.
(Proceeding No. 1)
(Docket No. N-14046-98)
In the Matter of Jamal A. (Anonymous).
Administration for Children's Services, respondent;
Charise A. (Anonymous), appellant.
(Proceeding No. 2)
(Docket No. N-14048-98)

ORDER TO SHOW CAUSE

Appeal by Charise A. from an order of the Family Court, Queens County, dated June 11, 2003. By decision and order on motion of this court dated October 9, 2003, the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was denied with leave to renew on or before November 5, 2003, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal. The appellant has not renewed that motion. No further action has been taken to perfect the appeal.

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

ORDERED that the appellant and the other parties to this appeal or their counsel show cause before this court, at the courthouse thereof, located at 45 Monroe Place, Brooklyn, New York 11201, on December 22, 2003, at 9:30 A.M., why an order should not be entered dismissing the appeal as abandoned; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon the appellant and the other parties, including the Law Guardian, if any, to this appeal, or their counsel, by regular mail.

FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4703

M/mv

2003-09692
In the Matter of Kathryn B. (Anonymous).
Rockland County Department of Social Services,
respondent; John B. (Anonymous), appellant.
(Docket No. B-1164/03)

SCHEDULING ORDER

Appeal by John B. from an order of the Family Court, Rockland County, dated October 16, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4741

M/mv

2003-09385
In the Matter of John Cichosz, appellant,
v Teresa Cichosz, respondent.
(Docket No. F-6406/02)

SCHEDULING ORDER

Appeal by John Cichosz from an order of the Family Court, Nassau County, dated September 24, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4976

M/mv

2003-07822

In the Matter of Rita A. Cogswell, appellant,
v James E. Spelatis, respondent.
(Docket No. F-00763-01)

SCHEDULING ORDER

Appeal by Rita A. Cogswell from an order of the Family Court, Suffolk County, dated August 18, 2003. By decision and order on motion of this court dated November 19, 2003, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4640

M/mv

2003-06649

In the Matter of Alonzo Jason D. (Anonymous).
Little Flower Children's Services, respondent;
Shirley D. (Anonymous), appellant.
(Docket No. B-5161-02)

SCHEDULING ORDER

Appeal by Shirley D. from an order of the Family Court, Queens County, dated July 8, 2003. By decision and order on motion of this court dated October 24, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Steven P. Forbes, Esq.

90-50 Parsons Blvd - #401

Jamaica, New York 11432

(718) 428-7700

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 24, 2003, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4642

M/mv

2003-08771

In the Matter of Nyomi D. (Anonymous), et al.
Suffolk County Department of Social Services,
a/k/a Suffolk County Department of Child
Protective Service, petitioner-respondent;
Edward D. (Anonymous), appellant; et al.,
respondent.
(Docket Nos. NN-1639/03, NN-1640/03,
NN-1641/03, NN-1642/03, NN-1643/03,
NN-1644/03, NN-1722/03, NN-1723/03,
NN-6600/03, NN-6603/03)

SCHEDULING ORDER

Appeal by Edward D. from an order of the Family Court, Suffolk County, dated September 30, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4967

M/mv

2003-06303

In the Matter of James-Gerald Ferretti, respondent,
v Joann Venturella Ferretti, appellant.
(Docket No. F-2023-01)

SCHEDULING ORDER

Appeal by Joann Venturella Ferretti from an order of the Family Court, Suffolk County, dated June 16, 2003. By decision and order on motion of this court dated November 20, 2003, the appellant's motion for leave to prosecute the appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the scheduling order of this court dated August 8, 2003, in the above-entitled proceeding is amended to provide 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 the brief on the appeal is enlarged until January 30, 2004.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4968

M/mv

2003-07243, 2003-07688, 2003-07690

In the Matter of Infinite G. (Anonymous).
Administration for Children's Services, respondent,
Danielle M. (Anonymous), et al., appellants.
(Proceeding No. 1)
(Docket No. N-15498-01)
In the Matter of D'Asia H. (Anonymous).
Administration for Children's Services, respondent,
Danielle M. (Anonymous), et al., appellants.
(Proceeding No. 2)
(Docket No. N-15499-01)

SCHEDULING ORDER

Appeals by Danielle M. from an order of the Family Court, Queens County, dated December 19, 2002, and two orders of the same court dated July 16, 2003. By decision and order on motion of this court dated November 20, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:

David I. Bliven, Esq.

90-50 Parsons Boulevard - Suite 401C

Jamaica, New York 11432

(718) 725-9600

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceedings to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated November 20, 2003, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4710

M/mv

2003-09591
In the Matter of Katlynn G. (Anonymous).
Suffolk County Department of Social Services,
respondent; Jeanette M. B. (Anonymous), appellant.
(Docket Nos. B-8431/03, N-1783/03)

SCHEDULING ORDER

Appeal by Jeanette M. B. from an order of the Family Court, Suffolk County, dated September 30, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4737

M/mv

2003-09326
In the Matter of Michelle Gabriel, respondent,
v Robert DiBari, appellant.
(Docket No. P-144773/02)

SCHEDULING ORDER

Appeal by Robert DiBari from an order of the Family Court, Suffolk County, dated September 15, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4738

M/mv

2003-09350
In the Matter of Leonard Goldstein, appellant,
v Celeste Goldstein, respondent.
(Docket No. F-2977-03)

SCHEDULING ORDER

Appeal by Leonard Goldstein from an order of the Family Court, Rockland County, dated August 22, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4697

M/mv

2003-02786, 2003-02787

In the Matter of Fred Grossman, appellant,
v Helen Grossman, respondent.
(Docket Nos. V-8263-01, V-8264-01)

SCHEDULING ORDER

Appeals by Fred Grossman from two orders of the Family Court, Kings County, both dated February 6, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that the scheduling order of this court dated July 28, 2003, in the above-entitled proceeding is amended to provide that the law guardian's time to serve and file a brief in the above-entitled appeals is enlarged until December 31, 2003.

ENTER:

James Edward Pelzer

Clerk

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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4645

M/mv

2003-07525
In the Matter of Brenda Yvette Idowu,
respondent, v Olusegun Idowu, appellant.
(Docket No. F-01529/02A)

SCHEDULING ORDER

Appeal by Olusegun Idowu from an order of the Family Court, Kings County, dated July 21, 2003. By decision and order on motion of this court dated November 3, 2003, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4709

M/mv

2003-09520
In the Matter of Walter K. (Anonymous).
Administration for Children's Services,
respondent; Francine S. (Anonymous), appellant.
(Docket No. N-2440/02)

SCHEDULING ORDER

Appeal by Francine S. from an order of the Family Court, Richmond County, dated October 17, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4994

M/mv

2003-01414
In the Matter of Lisa Lewis, appellant,
v Francis A. Redhead, respondent.
(Docket No. F-7557-00)

SCHEDULING ORDER

Appeal by Lisa Lewis from an order of the Family Court, Kings County, dated January 7, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 29, 2003, and the respondent's brief was filed on November 19, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the scheduling order of this court dated November 24, 2003, is recalled and vacated.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5140

M/mv

ANITA R. FLORIO, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-06031

In the Matter of Raymond Anthony M. (Anonymous), Jr.
Dutchess County Department of Social Services, respondent;
Raymond M. (Anonymous), appellant.
(Docket No. N-03202-02)

ORDER TO SHOW CAUSE

Appeal by Raymond M. from an order of the Family Court, Dutchess County, dated March 19, 2003. By decision and order on motion of this court dated October 7, 2003, the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was denied with leave to renew, on or before November 7, 2003, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal. The appellant has not renewed that motion. No further action has been taken to perfect the appeal.

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

FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4698

M/mv

2003-00516
In the Matter of Alexander N. (Anonymous).
Moshe G. (Anonymous), respondent;
Irina N. (Anonymous), et al., appellants.
(Docket No. G-2593-02)

SCHEDULING ORDER

Appeal from an order of the Family Court, Kings County, dated December 12, 2002. The appellants' brief was filed in the office of the Clerk of this court on July 11, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that the scheduling order of this court dated August 7, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent/the law guardian to serve and file a brief in the above-entitled appeal is enlarged until December 26, 2003.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5108

A/sl

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-06187

In the Matter of Progressive Northeastern
Insurance Company, appellant, v Richard
E. Frenkel, respondent.
(Index No. 21263/02)

DECISION & ORDER ON MOTION
Motion To Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated May 13, 2003, on the ground that it was not timely 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.

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4749

M/mv

2003-09593, 2003-09596
In the Matter of Darrin S. (Anonymous),
appellant.
(Docket No. D-9510/02)

SCHEDULING ORDER

Appeals by the juvenile from two orders of the Family Court, Suffolk County, dated September 17, 2003, and September 29, 2003, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4953

O/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-08127
In the Matter of Malcolm Johnathin S. (Anonymous).
Lakeside Family and Children's, Services, Inc.,
respondent; Larry J. (Anonymous), appellant.
(Docket No. B-8218/99)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to prosecute an appeal from an order of the Family Court, Kings County, dated June 18, 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 branch of the motion which is for poor person relief and the assignment of counsel 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:

Peter H. Dailey, Esq.

420 Riverside Dr. 2E

New York, New York 10025

(212) 678-6238

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; and it is further,

ORDERED that the motion is otherwise denied.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4713

M/mv

2003-09599
In the Matter of Suffolk County Department of
Social Services o/b/o Michael Sass, respondent,
v Barbara Sass, appellant.
(Docket No. F-3249/91)

SCHEDULING ORDER

Appeal by Barbara Sass from an order of the Family Court, Suffolk County, dated September 24, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4977

M/mv

2003-08121

In the Matter of Lauramarie Addie W. (Anonymous).
Lakeside Family & Children's Services, petitioner-
respondent; Laura Jeanette W. (Anonymous),
et al., appellants.
(Docket Nos. B-23901-97, B-18055-99)

SCHEDULING ORDER

Appeal by Darryl J. from an order of the Family Court, Kings County, dated June 18, 2003. By decision and order on motion of this court dated November 19, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Kenneth M. Tuccillo, Esq.

251 E. 61st Street

New York, New York 10021

(212) 517-5000

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated November 19, 2003, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4978

M/mv

Appeal by Laura Jeanette W. from an order of the Family Court, Kings County, dated June 18, 2003. By decision and order on motion of this court dated November 19, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Francine Shraga, Esq.

869 East 12th Street

Brooklyn, New York 11230

(718) 377-4894

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5017

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

1995-00186
The People, etc., respondent,
v Wenceslao Andino, appellant.
(Ind. No. 13333/94)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered December 23, 1994.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5105

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2001-05640
DECISION & ORDER ON MOTION
The People, etc., respondent,
v Kerry Bartow, appellant.
(Ind. No. 1668/97)

Motion by the appellant pro se to recall and vacate a decision and order on motion of this court, dated September 29, 2003, which granted his application for leave to serve and file a supplemental brief on his appeal from a judgment of the Supreme Court, Queens County, rendered May 15, 2001, and to deem the application withdrawn.

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, the decision and order on motion dated September 29, 2003, is recalled and vacated, and the appellant's application for leave to serve and file a supplemental brief is deemed withdrawn.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5023

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2000-03589
The People, etc., respondent,
v George Batts, appellant.
(Ind. No. 96-00509)

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, Westchester County, rendered March 7, 2000.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5117

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2001-03811
DECISION & ORDER ON MOTION
The People, etc., respondent,
v Arthur Branch, appellant.
(Ind. No. 00-01016)

On the court's own motion, it is

ORDERED that the decision and order on motion of this court, dated March 10, 2003, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the County Court, Westchester County, rendered April 17, 2001, is recalled and vacated; and it is further,

ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.

The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5106

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2002-08686
DECISION & ORDER ON MOTION
The People, etc., respondent,
v Kevin Broadus, appellant.
(Ind. No. 8912/01)

Motion by the appellant pro se to recall and vacate a decision and order on motion of this court, dated September 12, 2003, which granted his application for leave to serve and file a supplemental brief on his appeal from a judgment of the Supreme Court, Kings County, rendered September 9, 2002, and to deem the application withdrawn.

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, the decision and order on motion dated September 12, 2003, is recalled and vacated, and the appellant's application for leave to serve and file a supplemental brief is deemed withdrawn.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5013

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2002-05255
The People, etc., respondent,
v Ryan Hardy Evans, appellant.
(Ind. No. 1854-01)

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, Suffolk County, rendered May 6, 2002.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5016

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

1995-04795
The People, etc., respondent,
v Joseph Figueroa, appellant.
(Ind. No. 1155/95)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered April 28, 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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5014

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

1995-03009
The People, etc., respondent,
v Tracey Fuller, appellant.
(Ind. No. 16038/89)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered March 17, 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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5015

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

1995-04854
The People, etc., respondent,
v Omar Gordon, appellant.
(Ind. No. 2426/95)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered May 2, 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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5119

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-09318

The People, etc., respondent,
v Shawn Grant, appellant.

(Ind. No. 00-01141)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered September 5, 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:

Brendan O'Meara, Esq.

10 Winchester Avenue - 1B

Yonkers, New York 10710

and it is further,

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

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

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

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 2784

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5026

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2002-08844
The People, etc., respondent,
v Derrick Keller, appellant.
(Ind. No. 81A-01)

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, Suffolk County, rendered August 13, 2002.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5024

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-10050
The People, etc., respondent,
v Adam Kowal, appellant.
(Ind. No. 99271)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Nassau County, rendered August 10, 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]).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5018

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2002-06613
The People, etc., respondent,
v Gene Lent, appellant.
(Ind. No. 1719-01)

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, Suffolk County, rendered June 13, 2002.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5099

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

1994-10754
The People, etc., respondent,
v Stephen Lesene, appellant.
(Ind. No. 963/94)

DECISION & ORDER ON MOTION

Motion by assigned counsel to dismiss an appeal from a judgment of the Supreme Court, Kings County, rendered November 10, 1994, upon the death of appellant on August 5, 1995.

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

ORDERED that the motion is granted, the appeal is dismissed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent with People v Mintz (see 20 NY2d 770).

RITTER, J.P., S. MILLER, ADAMS, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5019

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

1995-07076
The People, etc., respondent,
v Michael Lewis, appellant.
(Ind. No. 30/95)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered June 28, 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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5012

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2002-03294
The People, etc., respondent,
v Angela Lumpkin, appellant.
(Ind. No. 2262-00)

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, Suffolk County, rendered February 26, 2002.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5097

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-08228
The People, etc., plaintiff,
v Nicholas McKoy, defendant.
(Ind. No. 1557-01)

DECISION & ORDER ON MOTION

Motion by the defendant pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Suffolk County, rendered May 10, 2002.

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

ORDERED that the motion is denied (see CPL 460.30[1]).

RITTER, J.P., S. MILLER, ADAMS, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5022

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2000-03213
The People, etc., respondent,
v Israel Nadal, appellant.
(Ind. No. 99-01041)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered February 24, 2000.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5098

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-08252

The People, etc., respondent,
v Hector Pepin, appellant.

(Ind. No. 696/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered May 15, 2003, and for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is to extend the time to take the appeal is granted; and it is further,

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

ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5102

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2002-06976

The People, etc., respondent,
v Mark Petronio, appellant.
(Ind. No. 1278/01)

DECISION & ORDER ON MOTION

Motion by the appellant to substitute retained counsel, in place of assigned counsel, to prosecute an appeal from a judgment of the County Court, Nassau County, rendered July 24, 2002, and to continue his poor person status on the appeal. The appellant's motion to dispense with printing and for the assignment of counsel was granted on March 11, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Martin Goldberg, Esq.

P.O. Box 236

Franklin Square, New York 11010

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 assigned counsel is directed to turn over all papers in the action to retained counsel:

Abraham Abramovsky, Esq.

140 West 62nd Street

New York, New York 10023

and it is further,

ORDERED that the appellant's poor person status is continued; and it is further,

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

ALTMAN, J.P., GOLDSTEIN, CRANE, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Retained Attorney:

Abraham Abramovsky, Esq

140 West 62nd Street

New York, New York 10023

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5025

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

1991-08232
The People, etc., respondent,
v Hugh Pitter, appellant.
(Ind. No. 13534/90)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered August 7, 1991.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5021

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

1994-10344
The People, etc., respondent,
v Olga Prince, appellant.
(Ind. No. 6078/94)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered November 7, 1994.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5104

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-00882

The People, etc., respondent,
v Jameek Roacher, appellant.
(Ind. No. 226/01)

DECISION & ORDER ON MOTION

Motion by the appellant to substitute retained counsel, in place of assigned counsel, to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered January 2, 2003, and to continue his poor person status on the appeal. The appellant's motion to dispense with printing and for the assignment of counsel was granted on April 15, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 assigned counsel is directed to turn over all papers in the action to retained counsel:

Robert DiDio, Esq.

80-02 Kew Gardens Road

Third Floor

Kew Gardens, New York 11415

and it is further,

ORDERED that the appellant's poor person status is continued; and it is further,

SMITH, J.P., LUCIANO, H. MILLER, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Retained Attorney:

Robert Didio, Esq.

80-02 Kew Gardens Road

Third Floor

Kew Gardens, New York 11415

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5010

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

1991-10828
The People, etc., respondent,
v Rey Santana, appellant.
(Ind. No. 13042/90)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered November 25, 1991.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5027

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2000-05420, 2000-05421
The People, etc., respondent,
v Umar Sapp, appellant.
(Ind. No. 99-00974, 99-00975)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned appeals from two judgments of the Supreme Court, Westchester County, both rendered May 4, 2000.

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

ORDERED that the motion is granted and the appeals are dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5101

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-09135, 2003-09136
The People, etc., respondent,
v Jerome A. Sifontes, appellant.
(Ind. Nos. 99-00245, 00-00091)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take appeals from two judgments of the County Court, Rockland County, both rendered November 27, 2002.

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

ORDERED that the motion is granted, and the appellant's time to take appeals from the judgments is extended and the appellant's motion papers are deemed timely notices of appeal from the judgments of the County Court, Rockland County, both rendered November 27, 2002.

RITTER, J.P., S. MILLER, ADAMS, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5103

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2000-10845
The People, etc., respondent,
v Jermaine Singh, a/k/a Jermaine Sing,
a/k/a Jermyn Chan, appellant.
(Ind. No. 2475/99)

DECISION & ORDER ON MOTION
Motion to Dispense With Printing
Free Minutes

Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Kings County, rendered November 13, 2000 and for a copy of the typewritten transcripts of the stenographic minutes, without charge.

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 dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,

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

ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, 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); retained 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 retained 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 counsel with a copy of the pre-sentence 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 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 retained 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 appellant's time to perfect the appeal is enlarged.

ALTMAN, J.P., GOLDSTEIN, CRANE, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Attorney's Address:

Jay H. Schwitzman, Esq.

26 Court Street - Suite 1406

Brooklyn, New York 11242

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5020

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

1995-04768
The People, etc., respondent,
v Kenneth Staten, appellant.
(Ind. No. 668/95)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered April 25, 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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5100

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-08803
The People, etc., respondent,
v Marcos Tulososa, appellant.
(Ind. No. 1549/02)

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 County Court, Nassau County, rendered May 15, 2003.

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

ORDERED that the motion is granted, and 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 County Court, Nassau County, rendered May 15, 2003.

RITTER, J.P., S. MILLER, ADAMS, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5011

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

1995-00672
The People, etc., respondent,
v Eustace Williams, appellant.
(Ind. No. 6488/86)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered December 14, 1994.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk