APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6289

S/mv

ROBERT W. SCHMIDT, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-00419 Alvin R. Archibald, appellant, v Perlina H. Archibald, respondent. (Index No. 25770/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated December 2, 2002.

Upon the papers filed in support of the motion and upon the stipulation of the parties, it is

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

ORDERED that the appellant's time to perfect the appeal is enlarged until January 9, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

SCHMIDT, J.P., TOWNES, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6276

C/mv

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-07711 In the Matter of Damien A. (Anonymous). Putnam County Department of Social Services, respondent; Susan A. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-1673-01) In the Matter of Kirk A. (Anonymous). Putnam County Department of Social Services, respondent; Susan A. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-1674-01) In the Matter of Gabriel A. (Anonymous). Putnam County Department of Social Services, respondent; Susan A. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-1675-01)

DECISION & ORDER ON MOTION

Appeal by Susan A. from an order of the Family Court, Putnam County, dated July 18, 2003. By order to show cause dated November 25, 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 opposition or relation 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]).

H. MILLER, J.P., SCHMIDT, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4571

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2003-07277 In the Matter of Johnnie C. (Anonymous), appellant. (Docket No. E-21827-02)

ORDER TO SHOW CAUSE

Appeal by the juvenile from an order of the Family Court, Kings County, dated June 25, 2003. By scheduling order dated September 18, 2003, the appellant was directed to file one of the following in the office of the Clerk of this court, within 30 days after the date of the scheduling order:

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 18, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before January 16, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6275

C/mv

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-07243, 2003-07688, 2003-07690 In the Matter of Infinite G. (Anonymous). Administration for Children's Services, respondent; Danielle M. (Anonymous), et al., appellants. (Proceeding No. 1) (Docket No. N-15498-01) In the Matter of D'Asia H. (Anonymous). Administration for Children's Services, respondent; Danielle M. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket No. N-15499-01)

DECISION & ORDER ON MOTION

Separate appeals by Danielle M. and Morris H. from an order of the Family Court, Queens County, dated December 19, 2002, and two orders of the same court, both dated July 16, 2003. By order to show cause dated November 24, 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 appeals of Morris H. in the above-entitled proceeding for failure to comply with a scheduling order dated September 5, 2003, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and the papers filed in support of the order to show cause, it is

ORDERED that the appeals by Morris H. are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 5, 2003 (see 22 NYCRR 670.4[a][5]).

H. MILLER, J.P., SCHMIDT, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6235

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GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2001-02376 In the Matter of Dylan H. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Patrick H. (Anonymous), appellant; et al., respondent. (Docket No. N-1707/99)

DECISION & ORDER ON MOTION

Appeal by Patrick H. from an order of the Family Court, Suffolk County, dated February 6, 2001. By order to show cause dated November 18, 2003, the appellant and the other parties to this appeal or their counsel 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 perfect the appeal.

Now, on the court's own motion, and the papers having been filed in relation to the order to show cause, it is

ORDERED that 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]).

KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5889

M/mv

2002-06537 In the Matter of Jahmir Domevlo J. (Anonymous). Department of Social Services, respondent; Kimberly B. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jaiyeola Akintunde DaMilare J. (Anonymous). Department of Social Services, respondent; Kimberly B. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-854-02, B-855-02)

SCHEDULING ORDER

Appeal by Kimberly B. from order of the Family Court, Nassau County, dated June 20, 2002. The appellant's brief was filed in the office of the Clerk of this court on December 5, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6270

E/mv

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-07825 In the Matter of Gerald Leichman, appellant, v Maureen Leichman, respondent. (Docket No. F-09553-03)

DECISION & ORDER ON MOTION

Appeal by Gerald Leichman from an order of the Family Court, Suffolk County, dated July 8, 2003. By order to show cause dated December 1, 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 24, 2003, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and no papers having been filed in opposition or relation 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 24, 2003 (see 22 NYCRR 670.4[a][5]).

H. MILLER, J.P., SCHMIDT, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5879

M/mv

2002-04190 In the Matter of Carlos Lozada, appellant, v Frances Pinto, respondent. (Docket No. V-17155-95)

SCHEDULING ORDER

Appeal by Carlos Lozada from an order of the Family Court, Queens County, dated January 11, 2002. The appellant's brief was filed in the office of the Clerk of this court on December 12, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5885

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2003-01242 In the Matter of Kevin M. (Anonymous), appellant. (Docket No. E-23957-01)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Kings County, dated January 6, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 9, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5873

M/mv

2003-08629 In the Matter of Kathleen Murphy, respondent, v Daniel Murphy, appellant. (Docket No. F-4791/02)

SCHEDULING ORDER

Appeal by Daniel Murphy from an order of the Family Court, Westchester County, dated October 1, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6303

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DAVID S. RITTER, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-08101 In the Matter of Sean S. O'Brien, appellant, v Norma Mera Camera, respondent. (Docket No. V-01006-03)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Orange County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Orange County, dated August 6, 2003, and to grant the appellant leave to prosecute the appeal as a poor person.

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 branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before January 20, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before February 6, 2004, upon the submission of proper papers establishing that he/she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5875

M/mv

2003-03947 In the Matter of Bernell R. W. (Anonymous), appellant. (Docket No. D-16856-02)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Suffolk County, dated March 27, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 12, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the respondent's brief shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6278

J/mv

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

LEO F. McGINITY

REINALDO E. RIVERA, JJ.

2001-08717 The People, etc., respondent, v Cordell Morrison, appellant. (Ind. No. 2955/99)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 5, 2003, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the County Court, Suffolk County, rendered March 20, 2001, to strike the excessive sentence application already filed by assigned counsel, and substitute retained counsel. The appellant's motion to dispense with printing and for assignment of counsel was granted on December 10, 2001, 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 following retained counsel is substituted for assigned counsel:

George Harmel, Jr., Esq.

33 Wheeler Road

Central Islip, N.Y. 11722

and it is further,

ORDERED that the remainder of this court's decision and order on motion dated December 10, 2001, in the above-entitled action is recalled and vacated; and it is further,

ORDERED that assigned counsel is directed to turn over all of the papers in the action to this court; and it is further,

ORDERED that the excessive sentence application that was filed by assigned counsel is stricken; and it is further,

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

SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk