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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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