APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6056
J/sl
|
2003-03743 Richard E. Barnes, et al., respondents, v Oceanus Navigation Corporation, Ltd, appellant. (Index No. 9300/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated March 10, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 13, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6144
S/sl
|
2002-10309 ORDER ON APPLICATION Georgia Batsidis, a/k/a Geri Bates, et al., appellants, v Arthur Batsidis, respondent.
(Index No. 11854/02)
|
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated October 11, 2002.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 20, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6106
S/sl
|
2003-05717 Deliah Brathwaite, appellant, v New York Central Mutual Fire Insurance Company, respondent. (Index No. 2785/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 8, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 23, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6079
S/sl
|
2003-05360 Maria Buendia, appellant, v Port Authority of New York and New Jersey, et al., respondents; John Weldin, Sr., et al., nonparty respondents. (Index No. 7999/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 10, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 2, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6083
S/sl
|
2003-04833 Cavalry Investments, LLC, appellant, v Household Automotive Finance Corp., et al., respondents. (Index No. 20351/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated May 2, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 1, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6146
S/sl
|
2003-04020 Chien Hue Hung, et al., respondents, v Agate Lacquer Mfg. Co., Inc., appellant, et al., defendants. (Index No. 20288/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated March 19, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 28, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6169
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
1999-07157 Commercial Union Insurance Company, et al., plaintiffs-respondents, v Dean Brunk, defendant-respondent, Emerald Structured Settlement, appellant.
(Index No. 9819/99)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 18, 1999.
Upon the stipulation of the attorneys for the respective parties, dated November 26, 2003, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6145
S/sl
|
2003-03993 Gerald Coviello, et al., plaintiffs-respondents, v J.J. Sisca Construction Corp., et al., defendants- respondents, J.J. Sisca & Associates Building Corporation, etc., appellant (and a third-party action). (Index No. 17236/00)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on an appeal from an order of the Supreme Court, Westchester County, dated March 21, 2003.
ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until February 17, 2004, and the respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6141
S/sl
|
2003-06023 John M. Denefrio, etc., et al., respondents, v First Unum Life Insurance Company, appellant. (Index No. 5133/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Rockland County, dated June 20, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 7, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6103
S/sl
|
2003-05952 EMP of Cadillac, LLC, respondent, v Assessor of Village of Spring Valley, et al., appellants. (Index No. 6161/02)
| 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, Rockland County, dated May 21, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 4, 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
M6152
L/
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2003-03458 Robert Espada, respondent, v Eugene Dorns, appellant, Sarah Franklin, et al., defendants.
(Index No.12746/01
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 10, 2003.
Upon the stipulation of the attorneys for the respective parties, dated December 8, 2003, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6147
S/sl
|
2003-05707 Ahmed Green, appellant, v Solecam Corp., d/b/a McDonald's Corporation, respondent. (Index No. 23331/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 22, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 11, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6098
S/sl
|
2003-05573, 2003-05574 Jeffrey A. Gross, appellant, v Deborah Gross, respondent. (Index No. 11520/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders and judgments (one paper each) of the Supreme Court, Westchester County, both dated June 10, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until February 20, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6048
J/sl
|
2003-08388 Jose S. Hernandez, respondent, v John J. Bahlke, appellant. (Index No. 6929/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Queens County, dated August 4, 2003.
ORDERED that the application is granted and the respondent's brief which was submitted to the Clerk of this court on December 23, 2003, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6090
S/sl
|
2003-06398 Mary LaForte, respondent, v Staten Island University Hospital, appellant, et al., defendants. (Index No. 12777/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated May 13, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 23, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6148
S/sl
|
2003-02559 Gerard Lehner, appellant, v John Boyle, et al., respondents. (Index No. 27493/99)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated January 10, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until January 5, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6142
S/sl
|
2003-02661 David Leitner, appellant, v K.A.I. Construction Corporation, et al., respondents. (Index No. 11598/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 5, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 22, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6097
S/sl
|
2003-05948 John Modica, et al., respondents-appellants, v Salvatore Modica, appellant-respondent. (Action No. 1) (Index No. 15967/99) John Modica, et al., respondents-appellants, v Salvatore Modica, et al., appellants-respondents. (Action No. 2)
(Index No. 10977/99)
| ORDER ON APPLICATION |
Application by the respondents-appellants, joined by the appellants-respondents, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from a judgment of the Supreme Court, Queens County, dated June 19, 2003.
ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until February 16, 2004, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before March 21, 2004 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6116
A/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-07939 Raymond Nagle, Jr., respondent, v Yonkers Contracting Company, Inc., defendant third-party plaintiff-appellant; Rice Mohawk U.S. Construction Co., Ltd., third-party defendant-respondent.
(Index No. 9142/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated August 1, 2003, and for a preference in the calendaring of the appeal.
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 stay the trial in the above-entitled action is denied without prejudice to renewal when a trial date is scheduled; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied without prejudice to renewal upon the perfection of the appeal.
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6101
S/sl
|
2003-05281 Russel Nicholson, et al., respondents-appellants, v Mid-Island Equities Corp., et al., defendants, Bank of New York, appellant-respondent. (Index No. 20677/02)
| ORDER ON APPLICATION |
Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a cross appeal from an order of the Supreme Court, Kings County, dated March 25, 2003.
ORDERED that the application is granted and the respondents-appellants' time to perfect the cross appeal is enlarged until February 11, 2004, and the record or appendix on the cross appeal and the respondents-appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6149
S/sl
|
2003-04666 ORDER ON APPLICATION Robert Revitz, plaintiff-respondent, v Kingsland Group, Inc., defendant-respondent, Stellar Funding, LLP, appellant, et al., defendants.
(Index No. 12085/02)
|
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, Nassau County, dated April 17, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 12, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6163
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2002-09824 Susan M. Roccuzzo, respondent, v Trans Am, Ltd., d/b/a North Ridge Equestrian Center, et al., appellants.
(Index No. 18031/97)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw appeals from an order of the Supreme Court, Westchester County, dated September 23, 2003.
Upon the stipulation of the attorneys for the respective parties, dated December 16, 2003, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6073
J/sl
|
2003-05030 George Rosado, appellant, v Legal Aid Society, et al., respondents, et al., defendants. (Index No. 14945/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 26, 2003.
ORDERED that the application is granted and the appendix and brief which were submitted to the Clerk of this court on December 23, 2003, are accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6084
S/sl
|
2003-05218 Michael Sparkes, appellant, v Alvin Berger, et al., defendants-respondents, New York Methodist Hospital, defendant fourth-party plaintiff-respondent; M.R.S., Inc., etc., fourth-party defendant-respondent. (Index No. 1270/96)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on an appeal from an order of the Supreme Court, Queens County, dated March 24, 2003.
ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until March 5, 2004, and the respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6182
L/
|
2003-06237 Spectrum Skanska Inc., appellant-respondent, v CGU Insurance Company, n/k/a One Beacon Insurance Group, respondent-appellant. (Index No. 17116/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal and cross appeal from an order of the Supreme Court, Westchester County, dated June 24, 2003.
Upon the stipulation of the parties, dated December 11, 2003, it is
ORDERED that the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6137
A/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2002-06749 Arlene Toefer, etc., et al., plaintiffs-respondents- appellants, v Long Island Rail Road, defendant third-party plaintiff fourth-party defendant-appellant- respondent; Jana Construction Co., Inc., third-party defendant fourth-party plaintiff-appellant-respondent; Harris-Camden Terminal Company, third-party defendant-appellant-respondent, et al., third-party defendants; Metropolitan Transportation Authority, fourth-party defendant-appellant-respondent, et al., fourth-party defendants. (Index Nos. 22513/95, 350809/00, 350529/00)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs-respondents-appellants for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated June 3, 2002, which was determined by decision and order of this court dated September 29, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
RITTER, J.P., FLORIO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6171
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-02895 Entela Turkeshi, respondent, v Wyckoff Heights Medical Center, appellant, St. John's Queens Hospital, et al., defendants.
(Index No. 8769/95)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 13, 2003.
Upon the stipulation of the attorneys for the respective parties, dated October 8, 2003, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6104
Y/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-01532, 2003-08677 U.S. Bank Trust National Association Trustee, f/k/a First Trust National Assoc. Trustee, respondent, v Thomas Butti, appellant, et al., defendants. (Index No. 8680/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from an order of the Supreme Court, Westchester County, entered January 17, 2003, and a judgment of the same court dated August 12, 2003, and to stay enforcement of the judgment.
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; and it is further,
ORDERED that on the court's own motion, the appeals shall be calendared together, and shall be argued or submitted on the same day.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6105
S/sl
|
2003-05984 Wainco Funding, respondent, v James L. Young, etc., appellant, et al., defendants. (Index No. 21109/91)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 19, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 18, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6120
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2002-10924 In the Matter of Allstate Insurance Company, petitioner-respondent, v American Transit Insurance Company, appellant, et al., respondents- respondents. (Index No. 8613/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated September 17, 2003, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the appellant for leave to serve and file a supplemental record on an appeal from an order of the Supreme Court, Kings County, dated October 29, 2002, and to enlarge the time to serve and file a reply brief. Cross application by the petitioner-respondent to dismiss the appeal on the ground that the appellant failed to serve and file a complete record on appeal.
Upon the papers filed in support of the motion and the cross application and the papers filed in opposition thereto, it is
ORDERED that the cross application is dismissed, without prejudice to the petitioner-respondent seeking the relief requested in the cross application in a motion (see CPLR 8202); and it is further,
ORDERED that the branch of the motion which is for leave to serve and file a supplemental record is granted and the supplemental record submitted to the Clerk of this court on November 21, 2003, is accepted for filing; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted and the reply brief shall be served and filed on or before January 6, 2004.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5999
K/cf
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
HOWARD MILLER, JJ.
|
2003-08266
In the Matter of Emmanuel Oluremi Bamisile, an attorney and counselor-at-law.Grievance Committee fo Eleventh Judicial Districts, petitioner; Emmanuel Oluremi Bamisile, respondent.
| DECISION & ORDER ON MOTION r the Second and |
The Grievance Committee has advised the court of the respondent's conviction of attempted criminal possession of a forged instrument in the third degree, a class B misdemeanor, upon his plea of guilty in the Criminal Court, Richmond County, on June 25, 2003. The respondent was sentenced to pay a fine in the amount of $500. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 18, 1998.
Upon the papers submitted to the court, it is
ORDERED that on the court's own motion, any suspension pursuant to Judiciary Law § 90(4)(f) based upon the respondent's conviction of a serious crime is denied as academic (see Matter of Bamisile, AD2d [Dec. 15, 2003]).
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6072
Y/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2002-10926 In the Matter of Clover M. Barrett, respondent, v James A. Barrett, Jr., appellant. (Index No. 100039/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated September 20, 2002, or, in effect, to enlarge the time to serve and file a brief and cross motion by the appellant, inter alia, to impose sanctions on the respondent.
Upon the papers filed in support of the motion and cross motion and upon the stipulation of the parties, it is
ORDERED that the branch of the motion which is to dismiss the appeal and the cross motion are deemed withdrawn; and it is further,
ORDERED that the branch of the respondent's motion, in effect, to enlarge the time to serve and file a brief is granted, and the respondent's brief shall be served and filed on or before January 21, 2004; and it further,
ORDERED that no further enlargements of time shall be granted.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5911
M/mv
|
2003-05920 In the Matter of Amanda C. (Anonymous). Suffolk County Department of Social Services, respondent; Kelly M. (Anonymous), appellant. (Docket No. N-1172-00) In the Matter of Brian W. (Anonymous). Suffolk County Department of Social Services, respondent; Kelly M. (Anonymous), appellant. (Docket No. N-1173-00)
| SCHEDULING ORDER |
Appeal by Kelly M. from an order of the Family Court, Suffolk County, dated June 6, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated August 12, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until December 31, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6117
S/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-06955
In the Matter of Jamal J. (Anonymous), appellant. (Docket No. D-4411-03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 28, 2003, in the above-entitled matter is amended by deleting from the caption thereof Docket No. "D-4441-03" and substituting therefor Docket No. "D-4411-03".
SMITH, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6123
S/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-09966 In the Matter of Joseph K. (Anonymous). Leeor K. (Anonymous), et al., appellants-respondents; Marek R. (Anonymous), respondent-appellant. (Index No. 26339/00)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated December 3, 2003, in the above-entitled matter is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the appellants-respondents on an appeal from an order of the Supreme Court, Nassau County, dated August 29, 2003, to stay a hearing in the above-entitled proceeding pending hearing and determination of an appeal from a counter judgment of the same court pending under Appellate Division Docket No. 2003-01407.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6058
J/sl
|
2003-05813 In the Matter of Kemper Insurance Companies, respondent, v Angel Espinosa, appellant. (Index No. 6522/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated April 30, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 23, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5995
K/cf
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-09766
In the Matter of Harold Lewis, an attorney and counselor-at-law.
| DECISION & ORDER ON MOTION |
Motion by Harold Lewis for permission to change the name under which he practices law to Harold Bentley Lewis III.
Upon the papers submitted in support of the motion and no papers having been submitted in opposition or in response thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that, effective immediately, the movant's name is changed to Harold Bentley Lewis III in the roll of attorneys and counselors-at-law.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5942
M/mv
|
2003-04174, 2003-04176 In the Matter of Kyle M. (Anonymous). New York Foundling Hospital, respondent; Allison M. (Anonymous), appellant. (Docket No. B-14695-01)
| SCHEDULING ORDER |
Appeals by Allison M. from two orders of the Family Court, Queens County, dated April 22, 2003, and June 7, 2002. The appellant's brief was filed in the office of the Clerk of this court on September 9, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated September 23, 2003, in the above-entitled proceeding is amended to provide that the law guardian's time to serve and file a brief in the above-entitled appeals is enlarged until January 10, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6143
S/sl
|
2003-06068 In the Matter of Dan McCready, et al., respondents- appellants, v Assessor of Town of Ossining, et al., appellants-respondents. (Index No. 17160/02)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered May 15, 2003.
ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until February 24, 2004, and the joint record or appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6166
L/
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
LEO F. McGINITY
STEPHEN G. CRANE, JJ.
|
2002-06315
In the Matter of Stanley Rea, petitioner- Application to Withdraw Appeal respondent, v New York State Division of Human Rights, respondent, Andrews Carnival Company, et al., appellants. (Index No. 810/02)
| DECISION & ORDER ON APPLICATION |
Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 10, 2002.
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 deemed withdrawn, without costs or disbursements.
ALTMAN, J.P., S. MILLER, McGINITY and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
December 29, 2003
MATTER OF REA v NEW YORK STATE DIVISION OF HUMAN RIGHTS
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6136
A/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2002-09086 In the Matter of Patricia Snypes, appellant, v Administration for Children's Services, respondent. (Docket No. V-14851/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated September 29, 2003, which determined an appeal from an order of the Family Court, Queens County, dated July 25, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., FLORIO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5994
K/cf
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
| 2003-09625 DECISION & ORDER In the Matter of Leibie Sternberg, ON MOTION an attorney and counselor-at-law. |
Motion by Leibie Sternberg, for permission to change the name under which he practices law to Leibie Louis Sternberg.
Upon on the papers submitted in support of the motion and no papers having been submitted in opposition or in response thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that, effective immediately, the movant's name is changed to Leibie Louis Sternberg in the roll of attorneys and counselors-at-law.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5993
K/cf
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO
LEO F. McGINITY, JJ.
|
| 1997-10732 DECISION & ORDER ON APPLICATION In the Matter of Babatunde G. Tinubu, FOR REINSTATEMENT a suspended attorney. |
Renewed application by the respondent, Babatunde G. Tinubu, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 4, 1992, under the name Babatunde Gbadebo Tinubu. By opinion and order of this court dated April 19, 1999, he was suspended from the practice of law for a period of one year. By decision and order of this court dated January 8, 2001, his first application for reinstatement was denied. By subsequent decision and order of this court dated May 7, 2001, his motion for leave to reargue was granted and, upon reargument, his application for reinstatement was denied with leave to renew upon the submission of (1) a completed copy of the questionnaire required of all disbarred, suspended, and resigned attorneys, (2) a copy of his affidavit of compliance, and (3) proof of service of the application for reinstatement on the Lawyers' Fund for Client Protection. By further decision and order of this court dated November 1, 2001, this renewed application was held in abeyance, and the matter was referred to the Committee on Character and Fitness to investigate and report on his current fitness to be an attorney.
Upon all of the papers submitted in connection with the renewed application, it is
ORDERED that the renewed application is granted; and it is further,
ORDERED that, effective immediately, the respondent is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Babatunde G. Tinubu to the roll of attorneys and counselors-at-law.
PRUDENTI, P.J., SANTUCCI, ALTMAN, FLORIO and McGINITY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5997
K/cf
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO
GABRIEL M. KRAUSMAN, JJ.
|
| 1995-07431 DECISION & ORDER ON MOTION In the Matter of Glenn O. Vickers,FOR REINSTATEMENT a suspended attorney. |
Motion by the respondent for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 29, 1991, under the name Glenn Osric Vickers. By opinion and order of this court dated December 16, 1996, he was suspended from the practice of law for a period of two years. By subsequent decisions and orders of this court dated November 14, 1997, April 10, 1998, and June 30, 1998, his motions for reargument or modification of the order of suspension and, upon reargument or modification, reinstatement as an attorney and counselor-at-law, were denied. By further decision and order on motion of this court dated April 26, 1999, his first application for reinstatement was denied, and by decision and order on motion of this court dated October 18, 1999, his motion for reargument of the application for reinstatement was denied. Finally, by decision and order on motion dated January 10, 2000, his motion for leave to appeal to the Court of Appeals from the decision and order on motion dated October 18, 1999, was denied.
Upon the papers submitted in support of the motion and the papers submitted in response thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., SANTUCCI, ALTMAN, FLORIO and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6023
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2002-03773 The People, etc., respondent, v Victor Anzalone, appellant. (Ind. No. 87-02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Suffolk County, rendered March 18, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., GOLDSTEIN, LUCIANO, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6024
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2002-00680 The People, etc., respondent, v Benjamin Brown, appellant. (Ind. No. 218-95)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a resentence of the County Court, Suffolk County, rendered December 14, 2001.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., GOLDSTEIN, LUCIANO, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5887
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2001-08647 DECISION & ORDER ON MOTION The People, etc., respondent, v Frank Capurso, appellant. (Ind. No. 3062/00)
|
On the court's own motion, it is
ORDERED that the decision and order on motion of this court, dated April 15, 2003, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Queens County, rendered September 16, 2001, is recalled and vacated; and it is further,
ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.
The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6027
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2002-07067, 2002-07068 The People, etc., respondent, v Roshawn Childress, appellant. (Ind. Nos. 2073-00, 32-01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned appeals from two judgments of the County Court, Suffolk County, both rendered January 4, 2001.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeals are dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., GOLDSTEIN, LUCIANO, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5892
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-10053
The People, etc., plaintiff, v Kwesi Daisley, defendant. (Ind. No. 566/03)
| 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, Kings County, rendered April 3, 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.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
03 R 2082
Lakeview Shock Incarceration Corr. Fac
Box T
Brocton, New York 14716
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5643
S/sl
|
2003-00273, 2003-01557
The People, etc., respondent, v John P. Daly, appellant. (Ind. No. 1561N-01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the County Court, Nassau County, rendered January 6, 2003, and an amended sentence of the same court imposed February 6, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeals is enlarged until January 5, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5991
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2002-02518 v Ivan Otto Escobedo, appellant. (Ind. No. 01-00148)
| 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, Westchester County, rendered February 27, 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 opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
02 A 1376
Sing Sing corr. Fac.
354 Hunter St.
Ossining, New York 10562
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5899
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-10071
The People, etc., plaintiff, v Joseph Fraser, defendant. (Ind. No. 5710/02)
| 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 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 September 3, 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.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
03 R 4788
Riverview Corr. Fac.
Box 247
Ogdensburg, New York 13669
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6029
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
1993-05862 The People, etc., respondent, v Ramel Garraway, appellant. (Ind. No. 4517/90)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered August 23, 1993.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., GOLDSTEIN, LUCIANO, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6067
F/
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2002-04450 The People, etc., respondent, v Julian Hardy, appellant. DECISION & ORDER ON MOTION
(Ind. No. 2017/01)
| Motion to File a Supplemental Brief |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered April 29, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., KRAUSMAN, TOWNES, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
02 R 2413
Livingston Corr. Fac.
Box 1991 - Rte. 36 - Sonyea Rd.
Sonyea, New York 14556.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6026
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2002-07753 The People, etc., respondent, v Kandi A. Lynn, appellant. (Ind. No. 395-02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Suffolk County, rendered July 31, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., GOLDSTEIN, LUCIANO, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5982
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-06150
The People, etc., respondent, v Jobie McCray, appellant. (Ind. No. 2009/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings 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 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.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6066
F/
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-10073 The People, etc., respondent, v Gregory Philip, appellant. (Ind. No. 10224/03)
| 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, Queens County, rendered June 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 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, Queens County, rendered June 2, 2003.
PRUDENTI, P.J., KRAUSMAN, TOWNES, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6017
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
1997-01184 The People, etc., respondent, v Paul Porter, appellant. (Ind. No. 233-96)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Suffolk County, rendered January 24, 1997.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., GOLDSTEIN, LUCIANO, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6019
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
1995-04858 The People, etc., respondent, v Juan Reyes, appellant. (Ind. No. 2698/95)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered May 1, 1995.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., GOLDSTEIN, LUCIANO, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6021
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2002-03473, 2002-03474 The People, etc., respondent, v Ian Scully, appellant. (Ind. Nos. 2195-98, 54-99)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned appeals from two judgments of the County Court, Suffolk County, both rendered March 20, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeals are dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., GOLDSTEIN, LUCIANO, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6099
Y/sl
|
2003-01803
The People, etc., respondent, v Alexander Surita, appellant. (Ind. No. 00214/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an amended judgment of the County Court, Orange County, rendered February 20, 2003.
Upon the papers filed in support of the application and the papers filed 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
M6064
F/
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-03313
The People, etc., respondent, v Sergio Ulysse, appellant.
(Ind. No. 578/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered April 9, 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 if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6022
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2001-01336 The People, etc., respondent, v Wayne Wade, appellant. (Ind. No. 958-99)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Suffolk County, rendered January 9, 2001.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., GOLDSTEIN, LUCIANO, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6113
S/sl
|
2000-09842
The People, etc., respondent, v Lawrence Weygant, appellant.
(Ind. No. 99-650)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the County Court, Orange County, rendered October 12, 2000.
ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court on December 23, 2003, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5987
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2002-07176
The People, etc., respondent, v Gary Whitfield, appellant. (Ind. No. 8270/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered July 30, 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 relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5985
F/
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-08418
The People, etc., respondent, v Terry Williford, appellant. (Ind. No. 7552/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered September 9, 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.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk