SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MOTION DECISIONS FOR DECEMBER 12, 2003

TITLECase Number
Baker v Staria2003-03149
Bedoya v St. Johns Queens Hospital2003-05373
Chase Manhattan Bank, f/k/a Chemical Bank v S2003-04987
Clarendon National Insurance Company, a/s/o C2003-07661
Cunningham v Diers2003-04225 + 1
Daquaro v Modern Continental Construction Co.2003-08987
EDP Hospital Computer Systems, Inc. v Bronx-L2003-05809
Frederick v Fried2002-09466
Galletta v Snapple Beverage Corp.2003-09033
Gazzola-Kraenzlin v Westchester Medical Group2003-08270
Haggerty v Wyeth Ayerst Pharmaceuticals2003-01595
Harbour View Racquet Club, Inc. v Island Tenn2003-03978
Isaacson v Neuman2003-10362
Leibel v Flynn Hill Elevator Company2003-09085
Lorich Building Corp. v Insurance Corporatio2003-01857
Moynihan v City of New York2003-05777
Neos v Lacey2003-00839
Questech Financial, LLC v Gianopoulos2003-08770
Stassou v Casini & Huang Construction, Inc.2003-05368
Tobias v DiFazio Electric, Inc.2003-02416
Tri-State Sol-Aire Corporation v Martin Assoc2003-04223
Whitehead v Town House Equities, Ltd.2003-05498 + 1
Mtr of (Anonymous), Brianna2003-08072
Mtr of B. (Anonymous), Christina; T., Megan; 2002-10113
Mtr of DePalma v DePalma2003-08341
Mtr of Elayyan v Elayyan2003-04558
Mtr of Flaherty v Board of Trustees of New Yo2003-04547
Mtr of G. (Anonymous), Starcy; Suffolk County2003-04556
Mtr of Gottlieb v Gottlieb2003-07171
Mtr of H. (Anonymous), Nicolette; Austin; S.(2003-02010
Mtr of Henry v Foster2003-09000 + 1
Mtr of Hold v Hold2003-03387
Mtr of Ish-Shalom v Wittmann2003-02180 + 2
Mtr of J. (Anonymous), Shakir; Corporation Co2003-03364
Mtr of Knapp v Runyon2003-06707
Mtr of M. (Anonymous), Besthani; M.(Anonymous)2001-00651
Mtr of Nassau County Grand Jury Subpoena2003-09292
Mtr of P. (Anonymous), Lazaurus; Administrati2003-02646 + 3
Mtr of R. (Anonymous), Andrew; Department of 2003-09348
Mtr of R. (Anonymous), Andrew; Department of 2003-09348
Mtr of Rotering v Rotering2003-08632
Mtr of Yaroshenko v Kats2003-09090
Peo v Avilles, Maria1994-00378
Peo v Baker, Norman, a/k/a Cruz, Eddie2003-08323 + 1
Peo v Boyd, James, a/k/a Reaves, Sekou1995-08873
Peo v Charles, Gerald2003-08469
Peo v Cobb, Deval2002-06588
Peo v Fenko, Judith1991-09044
Peo v Grant, Shawn2003-04973
Peo v Hyman, Tully2002-05294
Peo v Kimble, James1994-01560
Peo v King, Jamel2002-04304
Peo v Lanham, Richard2003-00939
Peo v Legree, Mary1994-03666
Peo v McCoy, Damon2003-09711
Peo v Monroe, Bruce2003-09286
Peo v Rivera, Wilfredo1994-10630
Peo v Rizzo, Richard2002-05414
Peo v Rodriguez, Alfredo2003-08039
Peo v Rodriguez, Devonne2001-07088
Peo v Samuel, Clarence2003-06471
Peo v Sargeant, Martin1994-10359 + 1
Peo v Spears, Cory (Corey)2003-09314
Peo v Stein, William2001-11114
Peo v Steward, Jeffrey2003-07170
Peo v Villiocota, Pedro2003-05388
Peo v Warren, Damon2002-11550
Peo v West, Khalid2003-07223
Peo ex rel. Marshall v Warden2003-01030







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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5649

J/sl

2003-03149

Evan H. Baker, appellant,

v Joseph Staria, et al., respondents.

(Index No. 11830/01)

ORDER ON APPLICATION

Application by the respondent GE Capital Auto Lease, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Kings County, dated March 13, 2003.

ORDERED that the application is granted and the time of the respondent GE Capital Auto Lease, Inc. to file a brief is enlarged until December 31, 2003, and that respondent's brief must be filed on or before that date; and it is further,

ORDERED that the appellant's time to serve and file a reply brief is enlarged until January 15, 2004, and the reply brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5606

S/sl

2003-05373

Maria Beatriz Bedoya, et al., appellants,

v St. Johns Queens Hospital, etc., et al.,

respondents.

(Index No. 10126/99)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 29, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 9, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5628

S/sl

2003-04987

Chase Manhattan Bank, f/k/a Chemical Bank,

respondent, v Scholarship, Inc., etc., defendant,

James R. Muldoon, appellant.

(Index No. 13678/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated April 29, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 28, 2003, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5642

S/sl

2003-07661

ORDER ON APPLICATION

Clarendon National Insurance Company,

a/s/o Country Ford, appellant, v Kurz Oil

Company, respondent, et al., defendants.

(Index No. 2479/00)

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, Nassau County, dated August 12, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 22, 2003.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5574

O/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2003-04225, 2003-08502

Dartha Cunningham, appellant, v

Adam E. Diers, et al., respondents.

(Index No. 10554/93)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from two orders of the Supreme Court, Suffolk County, dated March 17, 2003, and July 30, 2003, respectively, to dismiss the appeal from the order dated July 30, 2003, on the ground that the order dated July 30, 2003, denied reargument and no appeal lies from an order denying reargument.

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

ORDERED that the motion is denied without prejudice to raising the issue in the respondents' brief; and it is further,

ORDERED that on the court's own motion the appellant's time to perfect the appeal from the order dated March 17, 2003, is enlarged until January 12, 2004, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk



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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5621

S/sl

2003-08987

Vincent Daquaro, et al., plaintiffs-respondents,

v Modern Continental Construction Co., Inc.,

defendant third-party plaintiff-appellant, et al.,

defendant; Tricon Enterprises, Inc., third-party

defendant-respondent.

(Index No. 43493/00)

ORDER ON APPLICATION

Application by the plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated September 2, 2003.

ORDERED that the application is granted and the plaintiffs-respondents' time to serve and file a brief is enlarged until January 5, 2004, and the plaintiffs-respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5430

M/sl

2003-05809

EDP Hospital Computer Systems, Inc.,

respondent, v Bronx-Lebanon Hospital,

appellant.

(Index No. 17086/92)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 5, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 20, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5518

M/sl

2002-09466

Edwin Frederick, respondent,

v Joseph Fried, appellant, et al.,

defendants.

(Index No. 1017/89)

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 a judgment of the Supreme Court, Kings County, dated October 7, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 2, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the reply brief, if any, shall be served and filed on or before January 22, 2004.

ENTER:

James Edward Pelzer

Clerk



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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5588

O/sl

ANITA R. FLORIO, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-09033

Paul Galletta, appellant, v

Snapple Beverage Corp., respondent.

(Index No. 28211/01)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 27, 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.

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

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5475

M/sl

2003-08270

Elena Gazzola-Kraenzlin, etc., respondent,

v Westchester Medical Group, appellant,

et al., defendants.

(Index No. 2191/03)

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, Westchester County, dated August 27, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 12, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the reply brief, if any, shall be served and filed on or before January 29, 2004.

ENTER:

James Edward Pelzer

Clerk



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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5476

M/sl

2003-01595

Mary Elizabeth Haggerty, et al., appellants,

v Wyeth Ayerst Pharmaceuticals, et al.,

respondents.

(Index No. 31436/99)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on an appeal from an order of the Supreme Court, Kings County, dated January 17, 2003.

ORDERED that the application is granted and the respondents' time to serve and file their briefs is enlarged until January 12, 2004, and the respondents' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5637

L/

2003-03978

Harbour View Racquet Club, Inc., et al.,

appellants, v Island Tennis, L.P. d/b/a Sportime,

et al., respondents.

(Index No.19098/00)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated April 3, 2003.

Upon the stipulation of the parties, dated August 31, 2003, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5658

T/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-10362

Linda Isaacson, et al., respondents, v

Philip Neuman, et al., appellants, et al.,

defendants.

(Index No. 8883/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all discovery in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered October 23, 2003.

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

ORDERED that the motion is denied.

FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5474

M/sl

2003-09085

Diane F. Leibel, plaintiff, v Flynn Hill Elevator

Company, et al., defendants, Kone, Inc., f/k/a

FHE Services, s/h/a Flynn Elevator Company,

defendant third-party plaintiff-appellant; County

of Suffolk, third-party defendant-respondent.

(Index No. 5657/00)

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, Suffolk County, dated September 24, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 20, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5618

S/sl

2003-01857

Lorich Building Corp., plaintiff-respondent,

v Insurance Corporation of New York, appellant,

Nationwide Insurance Company, defendant-

respondent.

(Index No. 003075/02)

ORDER ON APPLICATION

Application by the defendant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated January 16, 2003.

ORDERED that the application is granted and the defendant-respondent's time to serve and file a brief is enlarged until January 14, 2004, and the defendant-respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5493

M/sl

2003-05777

George Moynihan, et al., respondents,

v City of New York, et al., appellants.

(and a third-party action)

(Index No. 10140/94)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated May 12, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 9, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5645

A/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2003-00839

Gus Neos, respondent-appellant,

v Patrick Lacey, et al., appellants-

respondents.

(Index No. 18600/00)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated December 17, 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 the trial in the above-entitled action is stayed pending hearing and determination of the appeal.

ALTMAN, J.P., S. MILLER, GOLDSTEIN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5593

L/

2003-08770

Questech Financial, LLC, respondent,

v Constantine Gianopoulos, appellant.

(Index No. 9440/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 3, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5638

L/

2003-05368

Peter Stassou, etc., et al., respondents-

appellants, v Casini & Huang Construction,

Inc., respondent, Peter Casini, et al.,

appellants-respondents.

(Index No. 6863/85)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from a decision of the Supreme Court, Queens County, dated May 12, 2003.

Upon the stipulation of the parties, dated November 26, 2003, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5644

J/sl

2003-02416

Paul Tobias, plaintiff, v DiFazio Electric

Inc., et al., defendants; Whitson Food Service

Corp, third third-party plaintiff-respondent,

J.M. Dennis Construction Corp., third

third-party defendant-appellant

(and other third-party actions).

(Index No. 24820/96)

ORDER ON APPLICATION

Application by the respondent Whitson Food Service Corp. pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, entered January 21, 2003.

ORDERED that the application is granted and the time of the respondent Whitson Food Service Corp. to serve and file a brief is enlarged until January 15, 2004, and that respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5620

T/sl

ANITA R. FLORIO, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-04223

Tri-State Sol-Aire Corporation, appellant,

v Martin Associates, Inc., respondent.

(Index No. 4155/97)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated March 14, 2003, on the ground that the issues raised on the appeal are precluded by the doctrine of Bray v Cox (38 NY2d 350), or, in the alternative, to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied without prejudice to raising the issue in the respondent's brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the respondent's brief shall be served and filed on or before January 12, 2004.

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

M5608

T/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

SANDRA L. TOWNES, JJ.

2003-05498, 2003-05500

Lillian Whitehead, appellant, v Town

House Equities, Ltd., et al., respondents.

(Index No. 20485/98)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated June 12, 2003, and June 17, 2003, respectively, (1) in effect, to continue the stay of stated portions of the orders which was granted by a prior decision and order on motion of this court dated July 23, 2003, as amended by a decision and order on motion of this court dated September 22, 2003, on condition that the appeals were perfected by November 3, 2003, and (2) to waive the filing fee.

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 waive the filing fee is granted; and it is further,

ORDERED that the branch of the motion which is to continue the stay of stated portions of the orders dated June 12, 2003, and June 17, 2003, is granted on condition that the appeals are perfected on or before January 23, 2004.

ALTMAN, J.P., S. MILLER, GOLDSTEIN and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5224

M/mv

2003-08072

In the Matter of Brianna (Anonymous).

Karen A. - R. (Anonymous), et al., respondents;

Mark A. (Anonymous), appellant.

(Docket No. A-207/02)

ORDER TO SHOW CAUSE

Appeal by Mark A. from an order of the Family Court, Suffolk County, dated August 5, 2003. By scheduling order dated October 9, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated October 9, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 26, 2003; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5225

M/mv

2002-10113

In the Matter of Christina B. (Anonymous).

Administration for Children's Services, et al.,

respondents; Connie M. (Anonymous), appellant.

(Proceeding No. 1)

In the Matter of Megan T. (Anonymous).

Administration for Children's Services, et al.,

respondents; Connie M. (Anonymous), appellant.

(Proceeding No. 2)

In the Matter of Victoria B. (Anonymous).

Administration for Children's Services, et al.,

respondents; Connie M. (Anonymous), appellant.

(Proceeding No. 3)

(Docket Nos. N-14197-99/01)

SCHEDULING ORDER

Appeal by Connie M. from an order of the Family Court, Kings County, dated September 5, 2002. 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 September 29, 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 31, 2003.

ENTER:

James Edward Pelzer

Clerk



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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5235

M/mv

2003-08341

In the Matter of Frank DePalma, appellant,

v Andrea DePalma, respondent.

(Docket No. V-08749/03)

ORDER TO SHOW CAUSE

Appeal by Frank DePalma from an order of the Family Court, Westchester County, dated August 22, 2003. By scheduling order dated October 30, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated October 30, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 26, 2003; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5207

M/mv

DAVID S. RITTER, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-04558

In the Matter of Fida Fouad Elayyan, appellant,

v Minzer Elayyan, respondent.

(Docket No. O-23857-02)

ORDER TO SHOW CAUSE

Appeal by Fida Fouad Elayyan from an order of the Family Court, Kings County, dated May 1, 2003. By decision and order on motion of this court dated September 29, 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 11, 2003, upon the submission of proper papers establishing that the appellant was entitled to poor person relief and was interested in pursuing the appeal. The appellant has not renewed that motion, and no steps have been taken to perfect the appeal.

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 26, 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.

RITTER, J.P., S. MILLER, 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

M5623

S/sl

2003-04547

In the Matter of Patrick J. Flaherty, appellant,

v Board of Trustees of New York City Fire

Department, Article 1B Pension Fund,

et al., respondents.

(Index No. 27357/01)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated March 5, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 1, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5533

F/

DAVID S. RITTER

SONDRA MILLER

SANDRA L. TOWNES

STEPHEN G. CRANE, JJ.

2003-04556

In the Matter of Starcy G. (Anonymous).

Suffolk County Department of Social Services,

respondent; James G. (Anonymous), appellant.

(Docket No. N 8564-02, N-8565-02)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated April 17, 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 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 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:

Amy Colvin, Esq.

Box 2091

Halesite, New York 11743

(631) 424-8495

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.

RITTER, J.P., S. MILLER, TOWNES and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5583

E/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-07171

In the Matter of Carla Gottlieb, respondent,

v David Gottlieb, appellant.

(Proceeding No. 1)

(Docket No. F-1393/01)

In the Matter of David Gottlieb, appellant,

v Carla Gottlieb, respondent.

(Proceeding No. 2)

(Docket No. F-2382/01)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Family Court, Nassau County, dated June 30, 2003, to appoint her attorney as pro bono attorney to prosecute the appeal, for leave to prosecute the appeal as a poor person, to be provided with a copy of the transcripts without charge, and for leave to prosecute the appeal on the original papers.

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

ORDERED that the branch of the motion which is to appoint her attorney as pro bono attorney is denied as unnecessary; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is granted; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see 22 NYCRR 670.9[d]); and it is further,

ORDERED that the branch of the motion which is to be provided with a copy of the transcripts without charge is granted; 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 appellant's counsel. Appellant's 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 the appellant's 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 appellant's counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

RITTER, J.P., S. MILLER, 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

M5230

M/mv

2003-02010

In the Matter of Nicolette H. (Anonymous).

Dutchess County Department of Social Services,

appellant; Michelle S. (Anonymous), et al., respondents.

(Proceeding No. 1)

In the Matter of Austin H. (Anonymous).

Dutchess County Department of Social Services,

appellant; Michelle S. (Anonymous), et al., respondents.

(Proceeding No. 2)

In the Matter of Nathaniel S. (Anonymous).

Dutchess County Department of Social Services,

appellant; Michelle S. (Anonymous), et al., respondents.

(Proceeding No. 3)

(Docket Nos. NN-05013-02, NN-05013-02/02A,

NN-05016-02, NN-05016-02/02A, NN-05017-02,

NN-05017-02/02A, NA-05022-02, NA-05022-02A)

SCHEDULING ORDER

Appeal by Dutchess County Department of Social Services from an order of the Family Court, Dutchess County, dated February 10, 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 October 29, 2003, in the above-entitled proceedings is amended to provide that the law guardian's time to serve and file a brief in the above-entitled appeal is enlarged until December 30, 2003.

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

M5237

M/mv

2003-09000, 2003-09001

In the Matter of Arkadius Henry, appellant,

v David E. Foster, respondent.

(Docket No. O-6812-03)

ORDER TO SHOW CAUSE

Appeals by Arkadius Henry from two orders of the Family Court, Nassau County, both dated September 3, 2003. By scheduling order dated October 30, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeals.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the scheduling order dated October 30, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 26, 2003; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5213

M/mv

2003-03387

In the Matter of Darlene Hold, respondent,

v William Hold, appellant.

(Docket No. F-08678/98)

SCHEDULING ORDER

Appeal by William Hold from an order of the Family Court, Kings County, dated April 8, 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 June 26, 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 December 31, 2003.

ENTER:

James Edward Pelzer

Clerk




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5566

M/sl

2003-02180, 2003-02799, 2003-07972

In the Matter of Jehuda Ish-Shalom,

appellant, v Veronica Wittmann, respondent.

(Docket Nos. V-695/97, V-696/97)

SCHEDULING ORDER

Appeals by Jehuda Ish-Shalom from two orders of the Family Court, Westchester County, both entered February 6, 2003, and an order of the same court entered July 25, 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 order of this court dated October 31, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeals is enlarged until March 1, 2004.

ENTER:

James Edward Pelzer

Clerk




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5198

M/mv

2003-03364

In the Matter of Shakir J. (Anonymous),

appellant.

(Docket No. D-24606-02)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Kings County, dated March 19, 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 April 23, 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 December 31, 2003.

ENTER:

James Edward Pelzer

Clerk




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5203

M/mv

2003-06707

In the Matter of Cynthia Knapp, respondent,

v Herbert Runyon, appellant.

(Docket No. F-3432-96)

SCHEDULING ORDER

Appeal by Herbert Runyon from an order of the Family Court, Dutchess County, dated June 17, 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 September 2, 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 December 31, 2003.

ENTER:

James Edward Pelzer

Clerk




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5514

M/sl

2001-00651

In the Matter of Besthani M. (Anonymous).

Child Welfare Administration, Kings County,

petitioner-respondent; Pedro M. (Anonymous),

appellant; Ana S. (Anonymous), nonparty-

respondent.

(Docket No. N-08105/98)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Family Court, Kings County, dated December 14, 2000.

ORDERED that the application is granted and the appellant's time to serve and file a brief on the appeal is enlarged until January 23, 2004.

ENTER:

James Edward Pelzer

Clerk




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5561

A/sl

MYRIAM J. ALTMAN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-09292

In the Matter of Nassau County Grand Jury

Subpoena Duces Tecum dated June 24, 2003.

Doe Law Firm, et al., appellants; Eliot Spitzer,

etc., respondent.

DECISION & ORDER ON MOTION

Motion by the appellants, in effect, to stay enforcement of a certain Nassau County Grand Jury Subpoena dated June 24, 2003, pending hearing and determination of an appeal from an order of the County Court, Nassau County, dated September 22, 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 enforcement of the subject Nassau County Grand Jury Subpoena dated June 24, 2003, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 12, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 12, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

ALTMAN, J.P., COZIER, 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

M5217

M/mv

DAVID S. RITTER, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-02646, 2003-02648

In the Matter of Lazaurus P. (Anonymous).

Administration for Children's Services,

respondent; Silvano P. (Anonymous), appellant.

(Proceeding No. 1)

(Docket No. N-17731-97)

2003-02649, 2003-02650

In the Matter of Mercedes P. (Anonymous).

Administration for Children's Services,

respondent; Silvano P. (Anonymous), appellant.

(Proceeding No. 2)

(Docket No. N-17734-97)

ORDER TO SHOW CAUSE

Appeals by Silvano P. from four orders of the Family Court, Queens County, two dated September 30, 2002, and two dated March 19, 2003, respectively. By decision and order on motion of this court dated September 29, 2003, the appellant's motion for leave to prosecute the appeals as a poor person and for the assignment of counsel was denied with leave to renew, on or before November 13, 2003, upon the submission of proper papers establishing that he was entitled to poor person relief and was interested in pursuing the appeals. The appellant has not renewed that motion, and no steps have been taken to perfect the appeals.

On the court's own motion, it is

ORDERED that the appellant and the other parties to these appeals or their counsel show cause before this court, at the courthouse thereof, located at 45 Monroe Place, Brooklyn, New York 11201, on December 26, 2003, at 9:30 A.M., why an order should not be entered dismissing the appeals 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 these appeals, or their counsel, by regular mail.

RITTER, J.P., S. MILLER, 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

M5513

F/

ANITA R. FLORIO, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-09348

DECISION & ORDER ON MOTION

In the Matter of Andrew R. (Anonymous).

Department of Social Services, respondent;

Ilmars R. (Anonymous), appellant.

(Docket No. B-1996-03)

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Orange County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Orange County, dated August 27, 2003, and for leave to prosecute the appeal as a poor person.

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

ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Kenneth Bunting, Esq.

125 Dobbs Ferry Road

White Plains, New York 10607

(914) 682-8837

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

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

FLORIO, J.P., 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

M5515

F/

ANITA R. FLORIO, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-09348

In the Matter of Andrew R. (Anonymous).

Department of Social Services, respondent;

Ilmars R. (Anonymous), appellant.

(Docket No. B-1996-03)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by the Law Guardian to be relieved of an assignment to represent the child on an appeal from an order of the Family Court, Orange County, dated August 27, 2003.

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

ORDERED that the motion is granted, and the Law Guardian, Kimberly M. Williams, Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the child:

Neal D. Futerfas, Esq.

50 Main Street #1000

White Plains, New York 10606

(914) 682-2171

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

M5189

M/mv

2003-08632

In the Matter of Robert H. Rotering, Jr., appellant,

v Susan C. Rotering, respondent.

(Docket Nos. V-06706-02, V-06707-02

V-06708/02, V-06709/02)

SCHEDULING ORDER

Appeal by Robert H. Rotering, Jr., from an order of the Family Court, Dutchess County, dated September 8, 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 October 23, 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 December 31, 2003.

ENTER:

James Edward Pelzer

Clerk




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5238

M/mv

2003-09090

In the Matter of Yelena Yaroshenko, respondent,

v Edvard Kats, appellant.

(Docket No. F-8596/98)

ORDER TO SHOW CAUSE

Appeal by Edvard Kats from an order of the Family Court, Kings County, dated September 24, 2003. By scheduling order dated October 30, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated October 30, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 26, 2003; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5599

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

1994-00378

The People, etc., respondent,

v Maria Avilles, appellant.

(Ind. No. 6136/90)

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 December 20, 1993.

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 TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5639

F/

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-08323, 2003-08333

The People, etc., respondent

v Norman Baker, a/k/a Eddie Cruz, appellant.

(Ind. Nos. 3417/01, 1182/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated November 28, 2003, is recalled and vacated and the following decision and order is substituted therefor:

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take appeals from two judgments of the Supreme Court, Queens County, both rendered May 5, 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 appeals from the judgments is extended and the appellant's motion papers are deemed timely notices of appeal from the judgments of the Supreme Court, Queens County, both rendered May 5, 2003.

SMITH, J.P., LUCIANO, H. MILLER, 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

M5601

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

1995-08873

The People, etc., respondent,

v James Boyd, a/k/a Sekou Reaves, appellant.

(Ind. No. 7371/94)

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 September 11, 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 TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5432

F/

LEO F. McGINITY, J.

2003-08469

The People, etc., plaintiff,

v Gerald Charles, defendant.

(Ind. Nos. 12213/96, 3775/97)

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, Kings County, dated July 14, 2003, 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.

LEO F. McGINITY

Associate Justice




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5624

F/

MYRIAM J. ALTMAN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-06588

v Deval Cobb, appellant.

(Ind. No. 13/02)

The People , etc., respondent, DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Dutchess County, rendered August 28, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

ORDERED that the motion is denied.

ALTMAN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 A 4994

Sullivan Corr. Fac.

Box 116

Fallsburg, New York 12733



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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5600

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

1991-09044

The People, etc., respondent,

v Judith Fenko, appellant.

(Ind. No. 3612/91)

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 September 17, 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 TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5616

F/

MYRIAM J. ALTMAN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-04973

The People, etc., respondent,

v Shawn Grant, appellant.

(Ind. No. 00-00577)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered May 16, 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:

Ethel P. Ross, Esq.

P.O. Box 347-787

Route 35

Cross River, New York 10580

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.

ALTMAN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 2784

Great Meadow Corr. Fac.

Box 51

Comstock, New York 12821




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5625

F/

MYRIAM J. ALTMAN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-05294

v Tully Hyman, appellant.

(Ind. No. 1787/00)

The People , etc., respondent, DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 15, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

ORDERED that the motion is denied.

ALTMAN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 A 3058

Five Points Corr. Fac.

State Route 96

P.O. Box 119

Romulus, New York 14541




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5595

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

1994-01560

The People, etc., respondent,

v James Kimble, appellant.

(Ind. No. 14221/91)

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 January 28, 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 TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5607

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2002-04304

The People, etc., respondent,

v Jamel King, appellant. DECISION & ORDER ON MOTION

(Ind. No. 10524/00)

Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered April 29, 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.

RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

01 A 4949

Sing Sing Corr. Fac.

354 Hunter St.

Ossining, New York 10562



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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5646

S/sl

2003-00939

The People, etc., respondent,

v Richard Lanham, appellant.

(Ind. No. 66581)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a determination of the County Court, Nassau County, dated January 2, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until January 3, 2004.

ENTER:

James Edward Pelzer

Clerk




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5602

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

1994-03666

The People, etc., respondent,

v Mary Legree, appellant.

(Ind. No. 8140/90)

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 April 19, 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 TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




Go to Top.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5376

K/sl

HOWARD MILLER, J.

2003-09711

The People, etc., respondent,

v Damon McCoy, appellant.

(Ind. No. 2009/02)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Kings County, rendered October 29, 2003, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.

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

ORDERED that the motion is denied.

HOWARD MILLER

Associate Justice



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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5603

F/

DAVID S. RITTER

SONDRA MILLER

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-09286

The People, etc., respondent,

v Bruce Monroe, appellant.

(Ind. No. 1967/02)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered October 14, 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:

Kent V. Moston, Esq.

Attorney in Charge, Criminal Div.

Leagal Aid Society of Nassau Co.

1 Helen Keller Way

Hempstead, New York 11550

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.

RITTER, J.P., S. MILLER, LUCIANO, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5630

A/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

1994-10630

The People, etc., respondent,

v Wilfredo Rivera, appellant.

(Ind. No. 12693/94)

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 14, 1994.

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

ORDERED that the motion is denied, with leave to renew unless, on or before February 25, 2004, the appellant either perfects the appeal, moves for leave to prosecute the appeal as a poor person and for the assignment of counsel, or notifies this Court that he has retained counsel to prosecute the appeal.

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

M5640

F/

GLORIA GOLDSTEIN, J.P.

HOWARD MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2002-05414

The People, etc., respondent, DECISION & ORDER ON MOTION

v Richard Rizzo, appellant. Motion by Counsel to be Relieved

(Ind. No. 191-02)

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated June 26, 2003, is recalled and vacated and the following decision and order is substituted therefor:

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered June 5, 2002. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on August 22, 2002, and the following named attorney was assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk Co. - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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

ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Laura Solinger, Esq.

P.O. Box 256

Cutchogue, New York 11935

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 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.

GOLDSTEIN, J.P., H. MILLER, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

02 A 3380

Clinton Corr. Fac.

Box 2002

Dannemora, New York 12929




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5656

S/nl

DANIEL F. LUCIANO, J.

2003-08039

The People, etc., respondent,

v Alfredo Rodriguez, appellant.

(Ind. No. 0668-98)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Suffolk County, rendered December 1, 2003, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.

Upon the papers filed in support of the motion, and upon hearing the argument of counsel for the respective parties, it is

ORDERED that the motion is granted, execution of the judgment is stayed, and bail is set in the sum of $75,000 by the giving of an insurance company bail bond in that amount, by depositing the same sum as a cash bail alternative, or by posting any combination of an insurance company bail bond and cash bail alternative, and on condition that the appeal is perfected within 120 days of the date of this order by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal; and it is further,

ORDERED that this stay shall terminate and be of no further effect if the appeal is not perfected within 120 days from the date hereof and the appellant shall thereafter surrender to serve the sentence imposed, unless this court shall have extended this order; and it is further,

ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to begin the execution of sentence; and it is further,

ORDERED that the Warden of the facility at which the appellant is incarcerated, or his agent, is directed to immediately release the appellant upon receipt of this order and proof that bail has been posted in accordance herewith; and it is further,

ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken.

DANIEL F. LUCIANO

Associate Justice




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5591

O/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2001-07088

The People, etc., respondent,

v Devonne Rodriguez, appellant.

(Ind. No. 1648/00)

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, Suffolk County, dated June 28, 2001.

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 respondent's time to serve and file a brief is enlarged until January 5, 2004, and the respondent's brief must be served and filed on or before that date.

RITTER, J.P., S. MILLER, 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

M5584

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-06471

The People, etc., respondent,

v Clarence Samuel, appellant.

(Ind. No. 7897/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered June 30, 2003, 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 motion 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, 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

M5596

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

1994-10359, 1994-10360

The People, etc., respondent,

v Martin Sargeant, appellant.

(Ind. Nos. 12797/91, 6219/94)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned appeals from two judgments of the Supreme Court, Kings County, both rendered November 2, 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 appeals are dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., S. MILLER, ADAMS 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

M5434

F/

SANDRA L. TOWNES, J.

2003-09314

The People, etc., plaintiff,

v Cory (Corey) Spears, defendant.

(Ind. Nos. 5269/98, 9446/98)

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, Kings County, dated September 10, 2003, 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.

SANDRA L. TOWNES

Associate Justice




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5592

S/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2001-11114

The People, etc., respondent,

v William Stein, appellant.

(Ind. No. 4023/98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered November 30, 2001, 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 opposition thereto, it is

ORDERED that the motion 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, 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

M5433

F/

MYRIAM J. ALTMAN, J.

2003-07170

The People, etc., plaintiff,

v Jeffrey Steward, defendant.

(Ind. No. 9398/96)

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 21, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

MYRIAM J. ALTMAN

Associate Justice




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5572

O/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2003-05388

The People, etc., respondent,

v Pedro Villiocota, appellant.

(Ind. No. 02-00058)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved and to dismiss an appeal from a judgment of the County Court, Rockland County, rendered November 14, 2002, on the ground that the appeal has been rendered academic.

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 appeal is dismissed.

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN 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

M5622

F/

MYRIAM J. ALTMAN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-11550

v Damon Warren, appellant.

(Ind. No. 159/02)

The People , etc., respondent, DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered December 13, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

ALTMAN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 0020

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582



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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5436

F/

SANDRA L. TOWNES, J.

2003-07223

The People, etc., plaintiff,

v Khalid West, defendant.

(Ind. No. 2918/96)

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 July 3, 2002, 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.

SANDRA L. TOWNES

Associate Justice




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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5330

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-01030

DECISION & ORDER ON MOTION

The People, etc., ex rel. Mark Marshall,

appellant, v Warden, Mr. Amicucci, Relieved

etc., respondent. Habeas Corpus Proceeding

(Ind. No. 02-01327)

Motion by Assigned Counsel to be

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Westchester County, dated November 8, 2002. The appellant's motion to dispense with printing and for the assignment of counsel was granted on April 16, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Kevin D. McLoone, Esq.

111 Brook Street - 2nd Floor

Scarsdale, New York 10583

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

ORDERED that the motion is granted, and assigned counsel is directed to turn over all papers in the proceeding in his possession to new counsel herein assigned; and it is further,

ORDERED that pursuant to statute (Judiciary Law § 35), the following named attorney is assigned as counsel to prosecute the appeal:

Ronnie J. Ritz, Esq.

P.O. Box 115

Shrub Oak, New York 10588

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

88 A 8866

Bare Hill Corr. Fac.

Caller Box 20 - Cady Road

Malone, New York 12953