APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5708

S/sl

2003-05611 Elayne Abrams, et al., appellants, v City of New York, et al., respondents. (Index No. 10569/00)

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 May 9, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 16, 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

M5663

A/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2003-00371, 2003-01585, 2003-06234 Alvin Berry, appellant, v Aquila Realty Co., Inc., et al., respondents, et al., defendants. (Index No. 12288/00)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Separate motions by the respondents Aquila Realty Co., Inc., Alexander Nusca, Southland Corporation and Anthony G. Heyward, and the respondents AF & F Community Builders, Inc., and Fendt James, to dismiss appeals from (1) an order of the Supreme Court, Westchester County, dated December 17, 2002, (2) a judgment of the same court dated January 9, 2003, and (3) an order of the same court dated April 21, 2003, inter alia, on the ground that the appeals were not timely taken.

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

ORDERED that the branches of the motions which are to dismiss the appeal from the order dated December 17, 2002, are granted and the appeal from that order is dismissed, without costs or disbursements, as that order was superseded by the judgment dated January 9, 2003; and it is further,

ORDERED that the branch of the motion of the respondents Aquila Realty Co., Inc., Alexander Nusca, Southland Corporation and Anthony G. Heyward which is to dismiss the appeal from the order dated April 21, 2003, is granted, and the appeal from that order is dismissed as to those respondents, without costs or disbursements, on the ground that the appeal was not timely taken (see CPLR 5513[a]); and it is further,

 ORDERED that the motions are otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5740

A/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-09069 Scott G. Brown, etc., et al., respondents, v Barry L. Pegalis, et al., appellants. (Index No. 12105/03)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay enforcement of an order of the Supreme Court, Nassau County, dated September 12, 2003, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5723

L/

2003-08208 Andrzej Cala, respondent, v 774 Development LLC, et al., appellants. (Index No.16168/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 5, 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

M5724

L/

2003-08573 Joseph M. Corsitto, appellant, v Jamie A. Corsitto, respondent. (Index No. 204072/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 8, 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

M5714

L/

2003-08584 County of Nassau, appellant, v Janice Fiscina, et al., respondents. (Index No. 1164/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 20, 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

M5715

L/

2003-08572 County of Nassau, appellant, v Michael Mahoney, respondent. (Index No. 15401/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 20, 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

M5713

L/

2003-08570 County of Nassau, appellant, v Frank Masone, respondent, Key Bank USA, N.A., defendant. (Index No. 18300/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 20, 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

M5730

L/

2003-06484 Daysi Delgado, etc., appellant, v City of New York, et al., respondents. (Index No. 25867/93)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated July 18, 2003.

Upon the stipulation of the parties, dated October 23, 2003, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5748

CF/

2003-03197 Ada Greco, appellant, v Lite & Russell, P.C., respondent. (Index No. 15651/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 21, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5735

CF/

2003-05628 H & R Block Eastern Tax Services, Inc., respondent, v Celeste Llanos, appellant, et al., defendants. (Index No. 1713/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 11, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5716

L/

2003-07997, 2003-07998 Joanne De Martini Hnis, respondent, v Michael T. Hnis, appellant. (Index No.7156/88)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeals from two orders of the Supreme Court, Nassau County, dated July 10, 2003, and July 15, 2003, respectively.

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

ORDERED that the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5747

CF/

2003-08982 Bruce S. Klutchko, respondent-appellant, v Marcy R. Baron, appellant-respondent. (Index No. 3586/93)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent 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 in 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

M5677

CF/

2003-03830 LCS Realty Co., Inc., appellant-respondent, v John Durkin, et al., respondents-appellants. (Index No. 4118/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 31, 2003.

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

ORDERED that the application is granted and the appeal of the appellant-respondent is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5726

L/

2003-08289 Dawn Lynch, et al., respondents, v Culinary Institute of America, Inc., appellant. (Index No. 12230/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 15, 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

M5676

CF/

2003-08476 Kathleen McGarry, plaintiff-respondent, v International Business Machines Corporation, defendant third-party plaintiff-respondent; The Brickman Group, Ltd., third-party defendant-appellant. (Index No. 4635/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated August 6, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5712

L/

2003-08012 New York & Presbyterian Hospital a/a/o Marvin Bonilla, respondent, v State Farm Mutual Automobile Insurance Company, appellant. (Index No. 14323/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated August 12, 2003.

Upon the stipulation of the parties, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5725

L/

2003-06875 Maurice O'Connor, et al., respondents, v City of New York, appellant. (Index No. 26261/92)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated June 13, 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

M5746

A/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-07363 Juvondi R. Pender, appellant, v Liberty Auto Collision, et al., respondents. (Index No. 11396/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated June 16, 2003, as a poor person, for the assignment of counsel, and to waive the filing fee.

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

M5717

L/

2003-03919 Ridgeway Capital Corporation, respondent, v Merrick Blvd. Holding Corporation, defendant; Joseph Djemal, intervenor-appellant. (Index No. 41044/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 12, 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

M5719

L/

2003-02115 Angelo Santana, et al., appellants, v Blackhead Mountain Lodge & Country Club, et al., respondents. (Index No.11814/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 2, 2002.

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

M5739

CF/

2003-07329 Joseph A. Shovlin, appellant, v Susan Shovlin, respondent. (Index No. 26294/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 31, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5737

CF/

2003-07339 Robert Wagler, respondent, v Francesca Wagler, appellant. (Index No. 201026/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 15, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5718

E/sl

MYRIAM J. ALTMAN, J.P.

WILLIAM D. FRIEDMANN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-01856 Paul Wolfert, et al., respondents, v Dale R. Cox, et al., appellants. (Index No. 33749/02)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 2, 2003.

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

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

ALTMAN, J.P., FRIEDMANN, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5743

T/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2002-11028 In the Matter of Carmen Dotson, respondent, v James Dotson, appellant. (Docket No. F-7472/99)

DECISION & ORDER ON MOTION

Appeal by James Dotson from an order of the Family Court, Kings County, dated September 30, 2002. By order to show cause dated November 21, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated June 27, 2003, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated June 27, 2003 (see 22 NYCRR 670.4[a][5]).

ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5666

A/sl

ANITA R. FLORIO, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-08066 In the Matter of Dominic Dupont, appellant, v Kings County District Attorney's Office, respondent. (Index No. 19065/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated August 14, 2003, as a poor person, to dispense with printing, to waive the filing fee, and for assignment of counsel.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

98-A-3302

Green Haven Correctional Facility

Box 4000

Stormville, New York 12582

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5728

L/

2003-05318 In the Matter of the Estate of Marie Sanchez. Ruben Acosta, et al., appellants; Seth Rubenstein, respondent. (Index No. 623/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a decree of the Surrogate's Court, Kings County, dated May 6, 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

M5741

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

On the court's own motion, it is

ORDERED that its decision and order dated December 12, 2003, in the above-entitled matter is recalled and vacated, and the following decision and order is substituted therefor:

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, 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 to be provided with a copy of the transcripts without charge is denied as unnecessary (see Family Ct Act § 1121[6]); 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]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5694

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-07547 In the Matter of Harry Hall, appellant, v Leroy Ladson, respondent. (Docket Nos. V-21712-02, V-21722-02/03B)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated August 12, 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 opposition 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:

Michael Hueston, Esq.

26 Court Street - #600

Brooklyn, New York 11242

(718) 624-0111

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.

ALTMAN, J.P., KRAUSMAN, ADAMS, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5678

CF/

2003-05239 In the Matter of Incorporated Village of East Rockaway, appellant; William Stumper respondent. (Index No. 35095/97)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, entered January 9, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5664

A/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2003-06793 In the Matter of Tshibola K. Kamba, respondent, v Mbambi M. Kamba, appellant. (Docket Nos. O-60/03, V-201/03, V-202/03, V-236/03, V-237/03)

DECISION & ORDER ON MOTION

Appeal by Mbambi M. Kamba from an order of the Family Court, Dutchess County, dated June 25, 2003. By order to show cause dated October 28, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 2, 2003, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 2, 2003 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5706

S/sl

2003-01753 ORDER ON APPLICATION In the Matter of Maria Krambis, deceased. Kyriacos Stavrinou, appellant; Barbara Rose, respondent. (Index No. 4401/02)

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, Queens County, dated February 19, 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

M5742

A/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-09295 In the Matter of Joan A. Meaders, etc., petitioner-respondent, v David Jones, appellant, et al., respondents-respondents. (Index No. 53261/01)

DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division

Motion by the appellant for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated June 24, 2003, which modified an order of the Civil Court of the City of New York, Richmond County, entered March 27, 2002.

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

ORDERED that the motion is granted.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5661

A/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-07280 In the Matter of Cleveland R. (Anonymous), appellant. (Docket No. D-9796/02)

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

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated July 21, 2003, to grant the appellant leave to prosecute the appeal as a poor person, and to stay enforcement of the order pending hearing and determination of the appeal.

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

ORDERED that the branches of the motion which are to relieve counsel assigned to represent the appellant in the Family Court, Kings County, for the assignment of new counsel to prosecute the appeal, and for leave to prosecute the appeal as a poor person, are granted; and it is further,

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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:

David Laniado, Esq.

189 Montaque Street

Brooklyn, New York 11201

(718) 246-9444

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 the branch of the motion which is to stay enforcement of the order dated July 21, 2003, is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5665

A/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2003-07780 In the Matter of Susan Rosen, respondent, v Steve Rosen, appellant. (Docket No. F-1165/01)

DECISION & ORDER ON MOTION

Appeal by Steven Rosen from an order of the Family Court, Westchester County, dated August 4, 2003. By order to show cause dated October 29, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 18, 2003, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 18, 2003 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5262

M/mv

2003-04169, 2003-04171 In the Matter of Israel S. (Anonymous), appellant. (Docket No. D-16599-01)

SCHEDULING ORDER

Appeals by the juvenile from two orders of the Family Court, Queens County, dated December 4, 2002, and April 1, 2003, respectively. 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 6, 2003, in the above-entitled proceeding is amended to provide that the respondent's time to file a brief is enlarged, and the respondent's brief which was deposited in the office of the Clerk of the court on December 9, 2003, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5501

CF/

2003-08092 In the Matter of Joseph Tuozzo, appellant, v Christine Tuozzo, respondent. (Docket No. F-10257-02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated July 17, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5732

A/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

HOWARD MILLER, JJ.

2002-04856, 2003-04627, 2003-04628 In the Matter of USA Nutritionals, Inc. Lawrence Sayage, respondent; Gary Harlem, et al., appellants. (Index No. 11093/99)

DECISION & ORDER ON MOTION

Motion by Schneider Goldstein Bloomfield LLP, the attorney for the appellants, on appeals from (1) a referee's report dated November 26, 2001, (2) an undated decision of the Supreme Court, Nassau County, and (3) an order and judgment (one paper) of the same court entered April 24, 2002, which were determined by decision and order of this court dated June 23, 2003, inter alia, for leave to withdraw as counsel, and cross motion by the respondent, inter alia, for a declaration that any stay of the order and judgment entered April 24, 2002, which was in effect pursuant to CPLR 5519 has terminated.

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

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

ORDERED that the cross motion is denied as unnecessary (see CPLR 5519[e]).

RITTER, J.P., S. MILLER, GOLDSTEIN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5711

L/

2003-05394 In the Matter of Muriel D. Wanderman, etc., appellant, v Ruby Greaves, respondent. (Index No. 11126/97)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 12, 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

M5707

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-09605 The People, etc., plaintiff, v Robert Abrahamyan, defendant. (Ind. No. 03-00620)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Westchester County, rendered September 16, 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 opposition thereto, it is

ORDERED that the motion is denied.

ALTMAN, J.P., KRAUSMAN, ADAMS, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 5024

Bare Hill Corr. Fac.

Caller Box 20

Malone, New York 12953

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5696

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-09698 The People, etc., respondent. v Frank Andolina, appellant. (Ind. No. 8215/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered May 20, 2003.

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

ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Kings County, rendered May 20, 2003.

ALTMAN, J.P., KRAUSMAN, ADAMS, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5705

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-09801 The People, etc., respondent, v Gerardo Avella, appellant. (Ind. No. 1367-02)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered October 7, 2002, 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 granted; and it is further,

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

ORDERED that the 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 in or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk Co., - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that 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., KRAUSMAN, ADAMS, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 A 5515

Mt. McGregor Corr. Fac.

1000 Mt. McGregor Road - Box 2071

Wilton, New York 12831

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5685

F/

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-10169 The People, etc., respondent, v Felix Bisono, appellant. (Ind. No. 02-01445)

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 County Court, Westchester County, rendered November 7, 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:

John Paul Savoca, Esq.

One Barker Avenue - Suite 135

White Plains, New York 10601

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 6037

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5699

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-09617 The People, etc., respondent, v James Doyle, appellant. (Ind. No. 750/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered October 29, 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 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 appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction.

ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5627

F/

MYRIAM J. ALTMAN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-09187 The People, etc., respondent, v Lori Elmendorf, appellant. (Ind. No. 57/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Dutchess County, rendered July 25, 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 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 appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5506

CF/

2001-04319 The People, etc., respondent, v Rogelio Ferraro, appellant. (Ind. No. 2519/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the County Court, Nassau County, rendered April 11, 2001.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5686

F/

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-09567 The People, etc., respondent, v Tarik Greene, appellant. (Ind. No. 02-00179)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Rockland County, rendered September 25, 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:

James Licata

Office of the Public Defender

11 New Hemstead Road

New City, New York 10956-3664

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 5122

Sing Sing Corr. Fac.

354 Hunter St.

Ossining, New York 10562

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5681

F/

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-09275 The People, etc., plaintiff, v Edgar Guerra, defendant. (Ind. No. 02-01564)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Westchester County, rendered September 4, 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 opposition thereto, it is

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 4811

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5703

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-09714 The People, etc., plaintiff, v Jimmy Hedges, defendant. (Ind. No. 5759/02)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered August 13, 2003.

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., KRAUSMAN, ADAMS, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5648

F/

MYRIAM J. ALTMAN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-09767 The People, etc., respondent, v Christopher Herrera, appellant. (Ind. No. 365/02)

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 County Court, Nassau County, rendered October 29, 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:

Steven Feldman, Esq.

300 Rabro Drive

Hauppauge, New York 11788

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:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5695

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-10291 The People, etc., respondent. v Hopeton Lemon, appellant. (Ind. No. 02-00757)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Westchester County, rendered December 9, 2002.

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

ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Westchester County, rendered December 9, 2002.

ALTMAN, J.P., KRAUSMAN, ADAMS, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5709

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-09475 The People, etc., plaintiff, v James Llorens, defendant. (Ind. No. 1188/03)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered July 24, 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 opposition and in relation thereto, it is

ORDERED that the motion is denied.

ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 4773

Franklin Corr. Fac.

Box 10

Malone, New York 12953

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5690

F/

MYRIAM J. ALTMAN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-00542 The People, etc., respondent, v Richard Marino, appellant. (Ind. No. 1380-01)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered December 12, 2002. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on March 19, 2003, 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 the papers 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:

Bridget Fleming, Esq.

P.O. Box 1904

Sag Harbor, New York 11963

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.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

02 A 6601

Five Points Corr. Fac.

State Route 96

Box 119

Romulus, New York 14541

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5689

F/

DAVID S. RITTER

SONDRA MILLER

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2001-10752 v Allah McCall, appellant. (Ind. No. 2757/99)

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 December 5, 2001, 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.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

00 A 3926

Upstate Corr. Fac.

Box 2001

Malone, New York 12953

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5701

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-09354 The People, etc., respondent, v Rafael Mella-Rodriguez, appellant. (Ind. No. 1791-02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Suffolk County, rendered September 29, 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.

ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5679

F/

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2002-05513 v Antwaun Meyers, a/k/a Antwaun Myers, appellant. (Ind. No. 10219/00)

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, Kings County, rendered June 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.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 A 3657

Upstate Corr. Fac.

Box 2001

Malone, New York 12953

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5680

F/

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-08036 The People, etc., respondent, v Eric Mitchell, appellant. (Ind. No. 02-01602)

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 County Court, Westchester County, rendered August 4, 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 opposition 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:

Stephen J. Pittari, Esq.

Legal Aid Society of Westchester Co.

One North Broadway, 9th Floor

White Plains, New York 10601

and it is further,

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

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

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

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

M5654

F/

MYRIAM J. ALTMAN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-09621 The People, etc., respondent, v James E. Norman, appellant. (Ind. No. 682/02)

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

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Nassau County, rendered July 12, 2002, and separate motion by the appellant pro se for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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:

Mark Diamond, Esq.

Murray Hill Station

Box 1805

New York, New York 10016

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 the motion by the respondent to dismiss the appeal as abandoned is denied; 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:

02 A 4270

Sing Sing Corr. Fac.

354 Hunter St.

Ossining, New York 10562

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5704

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-09358 The People, etc., respondent, v Porfirio R. Ocampo, appellant. (Ind. No. 1805-02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered October 9, 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:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk Co., - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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., KRAUSMAN, ADAMS, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 5554

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5652

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2002-10186 The People, etc., respondent, v Robert Pryor, appellant. (Ind. No. 1946/02)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Nassau County, rendered October 3, 2002. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on March 19, 2003, and the following named attorney was 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

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 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:

Marianne Karas, Esq.

Box 277

Armonk, New York 10504

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.

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

M5653

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2003-09347 The People, etc., respondent, v Robert Pryor, appellant. (Ind. No. 1411/03)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment

Motion by the appellant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Nassau County, rendered July 23, 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 granted; and it is further,

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

ORDERED that the 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 in or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Marianne Karas, Esq.

Box 277

Armonk, New York 10504

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that 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., KRAUSMAN, GOLDSTEIN, and MASTRO, 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

M5736

E/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

STEPHEN G. CRANE, JJ.

2003-00527 The People, etc., respondent, v David Scott, appellant. (Ind. No. 545-02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered December 19, 2002, and for the assignment of new 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; and it is further,

ORDERED that on the court's own motion, the appellant pro se is granted leave to serve and file a supplemental brief; 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.

RITTER, J.P., SMITH, H. MILLER and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03-A-0127

Great Meadow Correctional Facility

Box 51

Comstock, NY 12821

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5697

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-09677, 2003-09678 The People, etc., respondent, v Dean Smith, appellant. (Ind. Nos. 02-00918, 02-00928)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take appeals from two judgments of the County Court, Orange County, both rendered May 22, 2003.

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., KRAUSMAN, ADAMS, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5700

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-08142 The People, etc., respondent, v Robert Summa, appellant. (Ind. No. 185/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Richmond County, rendered June 5, 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.

ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5710

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-09802 The People, etc., plaintiff, v David Thompkins, a/k/a Darnell Johnson, defendant. (Ind. No. 3835/01)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered April 15, 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.

ALTMAN, J.P., KRAUSMAN, ADAMS, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 2882

Washington Corr. Fac.

Box 180

Comstock, New York 12821

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5687

F/

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-07952 The People, etc., respondent, v Miguel Vasquez, appellant. (Ind. No. 1745/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered September 8, 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 opposition 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:

Joseph DeFelice, Esq.

123-60 83rd Avenue - Suite 1V

Kew Gardens, New York 11415

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 5122

Sing Sing Corr. Fac.

354 Hunter St.

Ossining, New York 10562

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5683

F/

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-10048 The People, etc., plaintiff, v Jhon Vilela-Anacelto, defendant. (Ind. No. 49691/02)

DECISION & ORDER ON MOTION

Motion by the defendant pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Queens County, rendered February 27, 2003.

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., H. MILLER, SCHMIDT, and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5682

F/

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-09277 The People, etc., respondent, v Marcus Wiggins, appellant. (Ind. No. 97/02)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Dutchess County, rendered August 21, 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 no papers having been filed in opposition or relation thereto, it is

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings 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 in or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that 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., H. MILLER, SCHMIDT, and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 4514

Upstate Corr. Fac.

Box 2001

Malone, New York 12953

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5702

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-09722 The People, etc., respondent, v Michael Williams, a/k/a Cecil Hunt, appellant. (Ind. No. 01-00511)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered December 18, 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 opposition 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:

Adam Seiden, Esq.

9 Prospect Avenue

Mount Vernon, New York 10550

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., KRAUSMAN, ADAMS, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 0138

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5684

F/

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-09391 The People, etc., plaintiff, v Pedro Zayas, defendant. (Ind. No. 03-00002)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Rockland County, rendered March 25, 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.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 R 1791

Gowanda Corr. Fac.

Box 311

Gowanda, New York 14070