Appellate Division: Second Judicial Department
M33280
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2005-05431
Anastasia Gouzos Anthoulis, respondent, v Betty Mastoros, et al., defendants, Evangelos Mihos, appellant (and a third-party action). (Index No.14577/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 18, 2005.
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ORDERED that the application is granted and the appeal is marked withdrawn.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 of the Court
Appellate Division: Second Judicial Department
M33290
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HOWARD MILLER, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
MARK C. DILLON, JJ.
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2005-02848
Katherine D'Alessandro, appellant, v North Shore Hospital, respondent. (Index No. 43201/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated February 28, 2005, on the ground that the appellant failed to timely perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on the ground that the appellant's time to perfect the appeal was enlarged until December 27, 2005, by order on application of this court dated November 15, 2005.
H. MILLER, J.P., CRANE, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33287
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HOWARD MILLER, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
MARK C. DILLON, JJ.
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2005-10944 Pantelis Fakiris, appellant, v Petroula Fakiris, respondent. (Index No. 15878/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Queens County, dated October 27, 2005, which disqualified appellant's counsel, 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 granted only to the extent that the appellant's counsel J. Papapanayotou, Esq., may perfect this appeal and appear on behalf of the appellants, and the motion is otherwise denied.
H. MILLER, J.P., CRANE, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33302
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2005-03611
Geraldine Hanna, respondent, v City of New York, defendant, New York City Housing Authority, appellant. (Index No. 4936/97)
| 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 February 18, 2005.
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 of the Court
Appellate Division: Second Judicial Department
M33262
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2005-01106
Robert M. Helmke, appellant, v James B. Shannon, respondent. (Index No. 4006/02)
| 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 an order of the Supreme Court, Rockland County, dated December 9, 2004.
ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33273
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2005-08958 Hub Properties Trust, appellant, v Furey, Kerley, Walsh, Matera & Cinquemani, P.C., respondent. (Index No. 7896/04)
| 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 9, 2005.
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 of the Court
Appellate Division: Second Judicial Department
M33296
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BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
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2005-05642, 2005-06382, 2005-09181 Jones Sledzik Garneau & Nardone, LLP, respondent, v Galit Schloss, appellant.
(Ind. No. 11032/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from an order of the Supreme Court, Westchester County, dated November 15, 2004, and a judgment of the same court, entered November 17, 2004, with an appeal from an order of the same court, dated August 23, 2005, and separate application by the respondent to enlarge the time to serve and file a brief on the appeals from the order dated November 15, 2004, and the judgment entered November 17, 2004 (Appellate Division Docket Nos. 2005-05642 and 2005-06382, respectively).
Upon the papers filed in support of the motion and the application and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until January 3, 2006, and the respondent's brief shall be served and filed on or before that date.
COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33283
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2005-08116 Brian Mazzariello, et al., respondents, v Amina Tawfik, et al., appellants. (Index No. 8046/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 23, 2005.
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 of the Court
Appellate Division: Second Judicial Department
M33150
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2005-03619 William Moore, respondent, v R.R.L.L. Leasing Corp., et al., defendants, Transportation Planning Corp., etc., et al., appellants. (Index No. 30739/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an amended order of the Supreme Court, Nassau County, dated August 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 of the Court
Appellate Division: Second Judicial Department
M33289
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
JOSEPH COVELLO, JJ.
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2005-06506, 2005-06508 Anthony Rose, respondent, v Pamela Rose, appellant. (Index No. 43629/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated October 19, 2005, in the above-entitled matter is amended by deleting from the final decretal paragraph thereof the words "to waive the filing fee,".
FLORIO, J.P., KRAUSMAN, FISHER and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33265
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2005-04679
Kevin Rotunno, et al., plaintiffs-respondents, v Hamilton William Stiles, Jr., et al., defendants- respondents, Hanover Insurance Company, appellant. (Index No. 11475/01)
| 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, Suffolk County, dated March 24, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 11, 2005, 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 of the Court
Appellate Division: Second Judicial Department
M33306
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2004-07251, 2005-03422
Teri Sayegh, appellant, v Isaac Sayegh, respondent. (Index No. 34917/89)
| 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 appeals from two orders of the Supreme Court, Kings County, dated June 16, 2004, and October 13, 2004, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 8, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33263
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2005-02392
779 East New York Avenue Associates, LLC, et al., plaintiffs respondents-appellants, v Mordechai Gurary, appellant-respondent, Chaim Klein, defendant respondent-appellant, et al., defendants.
(Index No. 13418/04)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal and cross appeals from a judgment of the Supreme Court, Kings County, dated February 14, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 21, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33269
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DANIEL F. LUCIANO, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
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2005-07037
Jose Vargas, respondent, v Budget Rent A Car, et al., appellants. (Index No. 30775/03)
| DECISION & 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 June 10, 2005.
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; and it is further,
ORDERED that the stay granted by decision and order on motion of this court dated September 27, 2005, is vacated forthwith.
LUCIANO, J.P., MASTRO, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33308
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HOWARD MILLER, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
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2005-10920 David Wolfer, respondent, v Law Offices of Edmond C. Chakmakian, Inc., et al., appellants. (Index No. 4105/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered October 21, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33276
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2005-04306 In the Matter of Nicholas A. (Anonymous), appellant. (Docket No. D-04974-04)
| SCHEDULING ORDER |
Appeal by Nicholas A. from an order of the Family Court, Nassau County, dated April 25, 2005. The appellant's brief was filed in the office of the Clerk of this court on October 19, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until December 22, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33284
S/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
MARK C. DILLON, JJ.
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2005-11114 In the Matter of Sandy Annabi, etc., et al., respondents, v City Council of City of Yonkers, etc., et al., appellants.
(Index No. 05-20829)
| DECISION & ORDER ON MOTION |
Motion by the City Council of City of Yonkers, City Clerk of City of Yonkers, and Philip Amicone, as Mayor of City of Yonkers, for leave to appeal to this court from an order of the Supreme Court, Westchester County, dated November 23, 2005, and to vacate a temporary restraining order contained in the order dated November 23, 2005, pending hearing and determination of the appeal.
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 temporary restraining order contained in the order dated November 23, 2005, is vacated, pending hearing and determination of the appeal.
H. MILLER, J.P., CRANE, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33278
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2005-10412 In the Matter of Jacques Berrouet, respondent, v Marcia Greaves, appellant. (Docket No. V-12573-03)
| SCHEDULING ORDER |
Appeal by Marcia Greaves from an order of the Family Court, Queens County, dated October 3, 2005. By decision and order on motion of this court dated November 30, 2005, the following attorney was assigned as counsel on the appeal:
Albino Testani, Esq.
90-50 Parsons Blvd. - Suite 401
Jamaica, New York 11432
(718) 224-2423
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel 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 any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated November 30, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) 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), or (4) 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M33279
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2005-11031 In the Matter of Randy Brown, appellant, v Mona Wood, respondent. (Docket Nos. V-02339-05, V-02340-05)
| SCHEDULING ORDER |
Appeal by Randy Brown from an order of the Family Court, Richmond County, dated October 17, 2005. 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 proceedings 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M33270
M/nal
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2005-04699 In the Matter of Stephen C. (Anonymous), appellant. (Docket No. E-7936-02)
| SCHEDULING ORDER |
Appeal by Stephen C. from an order of the Family Court, Orange County, dated May 3, 2005. The appellant's brief was filed in the office of the Clerk of this court on October 31, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until December 23, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33274
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2005-05064 In the Matter of Antonietta Caruso, deceased. Fernando Caruso, appellant; Josephine DeCaro, et al., respondents. (Index No. 155/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a decree of the Surrogate's Court, Queens County, dated March 22, 2005.
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 of the Court
Appellate Division: Second Judicial Department
M33228
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2005-05998 In the Matter of Ellen L. Ellwanger, respondent, v Theodore E. Ellwanger, appellant. (Docket No. O-07197-05)
| SCHEDULING ORDER |
Appeal by Theodore E. Ellwanger from an order of the Family Court, Suffolk County, dated May 18, 2005. The appellant's brief was filed in the office of the Clerk of this court on November 25, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M33286
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2005-10996 In the Matter of Veronica Evans, appellant, v Sidney Brown, respondent. (Docket No. F-02458-91)
| SCHEDULING ORDER |
Appeal by Veronica Evans from an order of the Family Court, Westchester County, dated September 28, 2005. 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 proceedings 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M33198
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2005-04702 In the Matter of Sandra Fletcher, appellant, v Fletcher Devon, et al., respondents. (Docket No. V-10606-00)
| SCHEDULING ORDER |
Appeal by Sandra Fletcher from an order of the Family Court, Queens County, dated December 16, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 30, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 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 of the Court
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
M33211
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2005-01773 In the Matter of Anna Marie G. (Anonymous), a/k/a Anna Marie C. (Anonymous). Jewish Child Care Association of New York, respondent; Abduel G. (Anonymous), a/k/a Abdul G. (Anonymous), et al., appellants. (Docket No. B-10322/01)
| SCHEDULING ORDER |
Separate appeals by Abduel G., a/k/a Abdul G. and Margarita C. from an order of the Family Court, Kings County, dated January 24, 2005. The original papers were filed with this court on July 22, 2005, the brief of the appellant Margarita C. was served and filed on October 3, 2005, and the brief of the appellant Abdul G. was served and filed on November 28, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 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 of the Court
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
M33292
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2005-11219 In the Matter of Glenn Ganzenmuller, respondent, v Kerin Rivera, appellant. (Docket No. V-14403-05)
| SCHEDULING ORDER |
Appeal by Kerin Rivera from an order of the Family Court, Suffolk County, entered October 31, 2005. 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 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, the date thereof and the date by which the transcript is expected; or
(4) 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), or (4) 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M33281
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2005-03033 In the Matter of GE Property & Casualty Insurance Co., petitioner-respondent, v Mohammed Shakoor, et al., respondents; Travelers Indemnity Company, appellant. (Index No. 587/03)
| 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 July 1, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M33260
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ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
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2004-09207 In the Matter of Edward Grassi, respondent, v Janice Grassi, appellant. (Proceeding No. 1) In the Matter of Edward Grassi, respondent, v Jan Grassi, a/k/a Janice Grassi, appellant. (Proceeding No. 2) In the Matter of Janice Grassi, appellant, v Edward Grassi, respondent. (Proceeding No. 3) (Docket Nos. V-15426-02, V-15427-02)
| SCHEDULING ORDER |
Appeal by Janice Grassi from an order of the Family Court, Nassau County, dated September 14, 2004. The appellant's brief was filed in the office of the Clerk of this court on October 26, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the law guardian for the child Tara G. to serve and file a brief on the appeal is enlarged until December 30, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33184
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2005-09125 In the Matter of Keith Greene, appellant, v Cindy Holmes, respondent. (Proceeding No. 1) (Docket No. F-2012-95) In the Matter of Keith Greene, appellant, v Cindy Holmes, respondent. (Proceeding No. 2) (Docket No. P-6305-04)
| SCHEDULING ORDER |
Appeal by Keith Greene from an order of the Family Court, Orange County, dated September 6, 2005. By decision and order of this court dated November 18, 2005, as amended November 29, 2005, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. 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 proceedings 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) 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), or (4), 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M33203
M/nal
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2004-00630 In the Matter of Javon H. (Anonymous), appellant. (Docket No. E-27043/02)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Kings County, dated December 23, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 30, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M33217
M/nal
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2005-04746, 2005-04749 In the Matter of Rashawn H. (Anonymous), appellant. (Docket No. D-11723-03, D-16651-04)
| SCHEDULING ORDER |
Appeals by Rashawn H. from two orders of the Family Court, Queens County, dated February 24, 2005, and April 6, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on November 23, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M33261
S/sl
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2005-03695
In the Matter of Heritage Hills Sewage Works Corporation, respondent, v Town Board of Town of Somers, et al., appellants; Heritage Hills Society, Ltd., intervenor-appellant.
(Index No. 8718/04)
| ORDER ON APPLICATION |
Application by the intervenor-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 and judgment (one paper) of the Supreme Court, Westchester County, dated March 28, 2005.
ORDERED that the application is granted and the reply brief of the intervenor-appellant shall be served and filed on or before December 13, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33293
M/nal
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2005-11232 In the Matter of Shakema Jordon, respondent, v Jason Jordon, appellant. (Docket No. O-32180-05)
| SCHEDULING ORDER |
Appeal by Jason Jordon from an order of the Family Court, Kings County, dated November 4, 2005. 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 proceedings 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M33193
M/nal
|
2005-04220 In the Matter of Diamond K. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Doneisha H. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Deemeaka H. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Deseree J. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Deana J. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Jerail J. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-7310-02, N-7311-02, N-7312-02, N-7313-02, N-10384-03, N-328-05)
| SCHEDULING ORDER |
Appeal by Shameaka K. from an order of the Family Court, Queens County, dated April 6, 2005. The appellant's brief was filed in the office of the Clerk of this court on December 1, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 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 of the Court
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
M33194
M/nal
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2005-08011 In the Matter of Taskin K. (Anonymous). Administration for Children's Services, respondent; Nawaz K. (Anonymous), appellant. (Docket No. N-06454/05)
| SCHEDULING ORDER |
Appeal by Nawaz K. from an order of the Family Court, Queens County, dated July 14, 2005. By decision and order on motion of this court dated November 29, 2005, the following attorney was assigned as counsel on the appeal:
Jeffrey Bluth, Esq.
415 Albermarle Rd., Apt. 6K
Brooklyn, New York 11218
(718) 435-5357
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel 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 any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated November 29, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) 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), or (4) 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M33264
S/sl
|
2005-05592
In the Matter of Ryan E. Kelly, respondent, v Judith Colagero, etc., appellant. (Index No. 26842/04)
| 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 April 22, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 3, 2006, 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 of the Court
Appellate Division: Second Judicial Department
M33238
M/nal
|
2005-10463 In the Matter of Angelique L. (Anonymous). Suffolk County Department of Social Services, respondent; Tracy L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Kile L. (Anonymous). Suffolk County Department of Social Services, respondent; Tracy L. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-8786-05, N-8787-05)
| SCHEDULING ORDER |
Appeal by Tracy L. from an order of the Family Court, Suffolk County, dated November 2, 2005. By decision and order on motion of this court dated December 1, 2005, the following attorney was assigned as counsel on the appeal:
Stanley E. Gelzins, Esq.
83 Pleasant Street
Huntington, New York 11743
(631) 271-0598
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 proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel 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 any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated December 1, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) 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), or (4) 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M33179
M/nal
|
2005-10438 In the Matter of Fantaysia L. (Anonymous). Administration for Children's Services, petitioner-respondent; Marguerite S. (Anonymous), et al., appellants, et al., respondents. (Docket No. N-11936-03)
| SCHEDULING ORDER |
Appeal by Michael L. from an order of the Family Court, Kings County, dated October 7, 2005. 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 proceedings 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M33230
M/nal
|
2005-04275, 2005-05075, 2005-05080 In the Matter of Ashley P. (Anonymous). Charlotte W. (Anonymous), respondent; Kenneth P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Charlotte W. (Anonymous), respondent, v Kenneth P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Kenneth P. (Anonymous), petitioner, v Charlotte W. (Anonymous), respondent. (Proceeding No. 3) (Docket Nos. A-499-04, O-18778-04, V-23006-04)
| SCHEDULING ORDER |
Appeals by Kenneth P. from three orders of the Family Court, Suffolk County, dated April 8, 2005, April 20, 2005, and April 21, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on November 25, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M33277
M/nal
|
2005-08542
In the Matter of Kaylee P. (Anonymous). Orange County Department of Social Services, respondent; Joseph P. (Anonymous), appellant. (Docket No. B-319-05)
| ORDER TO SHOW CAUSE |
Appeal by Joseph P. from an order of the Family Court, Orange County, dated August 23, 2005. By decision and order on motion of this court dated October 31, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before November 28, 2005. The appellant has failed to do so. 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 by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 27, 2005; 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 of the Court
Appellate Division: Second Judicial Department
M33171
M/nal
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2005-00097, 2005-00881, 2005-00883 In the Matter of John J. Paoli, Sr., appellant, v Jody Paoli, respondent. (Docket No. V-270597)
| SCHEDULING ORDER |
Appeals by John J. Paoli, Sr., from an order of the Family Court, Orange County, dated November 24, 2004, and two orders of the same court both dated November 23, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until December 31, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33255
A/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-04822 In the Matter of Peconic Baykeeper, Inc., et al., respondents-appellants, v Suffolk County, et al., appellants-respondents, et al., respondents-respondents. (Index No. 262/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated May 2, 2005.
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 appellants-respondents' time to perfect the appeal is enlarged until February 6, 2006, 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 appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33271
M/nal
|
2005-02365 In the Matter of Julissa R. (Anonymous), appellant. (Docket No. D-1466/03)
| SCHEDULING ORDER |
Appeal by Julissa R. from an order of the Family Court, Queens County, dated March 1, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until January 4, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33285
M/nal
|
2005-10993 In the Matter of Kendra R. (Anonymous), appellant. (Docket No. D-21579/04)
| SCHEDULING ORDER |
Appeal by Kendra R. from an order of the Family Court, Queens County, dated October 24, 2005. 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 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, the date thereof and the date by which the transcript is expected; or
(4) 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), or (4) 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M33291
M/nal
|
2005-11217 In the Matter of Nicholas R. (Anonymous), appellant. (Docket No. D-14789-03)
| SCHEDULING ORDER |
Appeal by Nicholas R. from an order of the Family Court, Suffolk County, dated October 28, 2005. 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 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, the date thereof and the date by which the transcript is expected; or
(4) 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), or (4) 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M33275
M/nal
|
2005-09621, 2005-09625 In the Matter of Kolien Richmond, respondent, v Robert Perez, appellant. (Proceeding No. 1) In the Matter of Robert Perez, appellant, v Kolien Richmond, respondent. (Proceeding No. 2) (Docket Nos. V-01104-05, V-02026-05, V-02905-05, V-04985-03)
| SCHEDULING ORDER |
Appeals by Robert Perez from two orders of the Family Court, Dutchess County, dated September 6, 2005, and September 15, 2005, respectively. By decision and order on motion of this court dated December 1, 2005, the following attorney was assigned as counsel on the appeals:
Carol Kahn, Esq.
225 Broadway - Suite 1510
New York, New York 10007
(212) 227-0206
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel 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 any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated December 1, 2005, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) 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 appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M33226
M/nal
|
2005-01363 In the Matter of Dabari S. (Anonymous). Miracle Makers, Inc., petitioner-respondent; Dawn S. (Anonymous), appellant, et al., respondent. (Docket Nos. B-15099/99, B-14352/00)
| SCHEDULING ORDER |
Appeal by Dawn S. from an order of the Family Court, Queens County, dated November 17, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 28, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 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 of the Court
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
M33197
M/nal
|
2005-06697 In the Matter of Brian Simmons, respondent, v Stephanie Pinto, appellant. (Docket No. V-2438/02)
| SCHEDULING ORDER |
Appeal by Stephanie Pinto from an order of the Family Court, Orange County, dated May 19, 2005. By decision and order on motion of this court dated November 29, 2005, the following attorney was assigned as counsel on the appeal:
Richard L. Herzfeld, Esq.
555 5th Avenue - 14th Floor
New York, New York 10017
(212) 818-9019
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel 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 any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated November 29, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) 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), or (4) 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M33201
M/nal
|
2005-09155 In the Matter of Brandon W. (Anonymous), appellant. (Docket No. E-5973-03)
| SCHEDULING ORDER |
Appeal by Brandon W. from an order of the Family Court, Orange County, dated September 22, 2005. By decision and order on motion of this court dated November 29, 2005, the following attorney was assigned as law guardian on the appeal:
Marsha E. Koretzky, Esq.
P.O. Box 943
Goshen, New York 10924
(845) 294-1611
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel 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 any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated November 29, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) 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), or (4) 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M33253
A/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-01172 In the Matter of Er-Mei Y. (Anonymous), appellant. Administration for Children's Services, respondent; Guo J. Y. (Anonymous), appellant. (Docket No. N-9952-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated December 23, 2004, inter alia, to enlarge the record on appeal to include, among other things, an affidavit of the subject child dated November 5, 2005, and for leave to serve and file a replacement brief.
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., KRAUSMAN, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33199
M/nal
|
2005-08517 In the Matter of Matthew Y. (Anonymous). Ohel Children's Home and Family Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Matania Y. (Anonymous). Ohel Children's Home and Family Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Mina Y. (Anonymous). Ohel Children's Home and Family Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Moshe Y. (Anonymous). Ohel Children's Home and Family Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. B-20683/03, B-20684/03, B-20685/03, B-20686/03)
| SCHEDULING ORDER |
Appeal by Ebrahim Y. from an order of the Family Court, Queens County, dated August 29, 2005. The appellant's brief was filed in the office of the Clerk of this court on November 30, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 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 of the Court
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
M33254
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-09546
The People, etc., respondent, v Kaydon Baskersville, appellant. (Ind. No. 05-00546)
| 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, Orange County, rendered September 29, 2005, 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 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 and 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:
Philip C. Schiffman, Esq.
11 E. Main Street
P.O. Box 128
Washingtonville, New York 10992
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.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 5038
Adirondack Corr. Fac.
Box 110
Ray Brook, New York 12977-0110
Appellate Division: Second Judicial Department
M33160
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-09251, 2005-09252
The People, etc., respondent, v Raul Batista, appellant. (Ind. Nos. 543/04, 1352/04)
| 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 appeals from two judgments of the Supreme Court, Queens County, both rendered January 11, 2005, for leave to prosecute the appeals 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., KRAUSMAN, LIFSON, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 1760
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M33163
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-10100
The People, etc., respondent, v Jynnary Brown, a/k/a Jynnart Brown, appellant. (Ind. No. 8018/03)
| 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 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 23, 2004, 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., KRAUSMAN, LIFSON, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 5229
Wyoming Corr. Fac.
Box 501
Attica, New York 14011
Appellate Division : Second Judicial Department
M33267
F/
BARRY A. COZIER, J.
|
2005-09707 The People, etc., plaintiff, v Cheng Kang Shi, defendant. (Ind. No. 528/01)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated August 25, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
BARRY A. COZIER
Associate Justice
Appellate Division: Second Judicial Department
M33161
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
REINALDO E. RIVERA
ROBERT J. LUNN, JJ.
|
2005-03441
The People, etc., respondent, v Billy D. Ganoe, appellant. (S.C.I. No. 155/05)
| 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, Dutchess County, rendered September 12, 2005, 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 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 and 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:
Arza R. Feldman, Esq.
626 EAB Plaza
West Tower - 6th Floor
Uniondale, New York 11556
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.
H. MILLER, J.P., ADAMS, RIVERA, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 4802
Downstate Corr. Fac.
Box F - Red Schoolhouse Road
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M33165
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-01885 The People, etc., respondent, v Ronald Greenland, appellant. (Ind. No. 03-01661)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Westchester County, rendered January 18, 2005, 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 value of the property located at 275 5th Street, Mamaroneck, New York 10543, and the value of his equity in that property.
FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33252
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2005-09811
The People, etc., respondent, v Jorge Hernandez, appellant. (Ind. No. 04-00850)
| 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, Orange County, rendered June 29, 2005, 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 appellants'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 respondents' 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 or 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:
Janet Gandolfo, Esq.
174 Webber Avenue
Sleepy Hollow, New York 10591
and 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.
H. MILLER, J.P., ADAMS, LUCIANO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 3601
Southport Corr. Fac.
Box 2000
Pine City, New York 14871
Appellate Division: Second Judicial Department
M33162
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-10171
The People, etc., respondent, v Richard Hughes, appellant. (Ind. No. 1767/05)
| 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 Supreme Court, Kings County, rendered June 8, 2005, 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., KRAUSMAN, LIFSON, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 5336
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M33300
E/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2005-10176 The People, etc., respondent, v Frank Kocaj, appellant. (Ind. No. 00-06043)
| DECISION & ORDER ON MOTION |
Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Westchester County, rendered June 16, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. Cross motion by the respondent to dismiss the appeal on the ground that it has been rendered academic.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted (see People v Pattachiola, 290 AD2d 568); and it is further,
ORDERED that the motion is denied as academic.
H. MILLER, J.P., CRANE, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33251
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-08821 The People, etc., respondent, v Shawn Lawrence, appellant. of Assignment (Ind. No. 657-99)
| DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered July 15, 2005, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on October 26, 2005, and the following named attorney was assigned to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - 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; previously 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 to prosecute the appeal:
Brian O'Donoghue, Esq.
83 Prospect Street
Huntington, New York 11743
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 pre-sentence 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.
FLORIO, J.P., KRAUSMAN, LIFSON, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32852
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-09558
The People, etc., respondent, v Derek Odell, a/k/a Derrick Odell, appellant. (Ind. No. 88-00401)
| 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, Orange County, rendered September 22, 2005, 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 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 and 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:
Anthony N. Iannarelli, Jr.
130 Church Street - No. 130
New York, New York 10007
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.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 R 4215
Ulster Corr. Fac.
Box 800
Napanoch, New York 12458-0800
Appellate Division: Second Judicial Department
M33164
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-10203 The People, etc., respondent, v Nayshawn Perkins, appellant. (Ind. No. 1082/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered June 14, 2005, 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 (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and (2) the amount and source of counsel fees paid to retained counsel.
FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33246
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-04231 The People, etc., respondent, v Rene Rivera, appellant. (Ind. No. 04-00206)
| 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, Rockland County, rendered April 19, 2005. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on October 24, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:
James Licata
Office of the Public Defender
11 New Hemstead Road
New City, New York 10956-3664
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:
Ann C. Sullivan, Esq.
16 N. Main Street - Suite 200
New City, New York 10956
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 if 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.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 2079
Five Points Corr. Fac.
Caller Box 400 - Route 96
Romulus, New York 14541
Appellate Division: Second Judicial Department
M33168
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-10168
The People, etc., respondent, v Felix Rodriguez, appellant.
(Ind. No. 10192/05)
| DECISION & ORDER ON MOTION |
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 Supreme Court, Queens County, rendered March 9, 2005, and 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 branch of the motion which is to extend the time to take the appeal 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 branch of the motion which is for poor person relief 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.
FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33256
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-09547
The People, etc., respondent, v Phillip Scuderi, appellant. (Ind. No. 05-00335)
| 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, Orange County, rendered September 30, 2005, 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 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 and 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:
Philip C. Schnabel, Esq.
33 Schnabel Lane
Chester, New York 10918
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., KRAUSMAN, LIFSON, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 5115
Downstate Corr. Fac.
Box F - Red Schoolhouse Road
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M33250
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-02592 The People, etc., respondent, v Ronald Thompson, appellant. (Ind. No. 66723/87)
| DECISION & ORDER ON MOTION |
Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the County Court, Nassau County, rendered December 7, 2004, to substitute Elizabeth S. Kase, Esq, as retained counsel. The appellant's motion to dispense with printing and for assignment of counsel was granted on May 19, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:
Kent V. Moston, Esq.
Attorney in Charge, Criminal Div.
Legal Aid Society of Nassau County
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 branch of the motion which is to relieve assigned counsel and substitute Elizabeth S. Kase, Esq., as retained counsel, is granted; and it is further,
ORDERED that assigned counsel is directed to turn over all papers in the action, including transcripts of hearings and the trial, to the Clerk of this court.
FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Attorney:
Elizabeth S. Kase, Esq.
Kase & Druker
1325 Franklin Avenue - Suite 225
Garden City, New York 11530
Appellate Division: Second Judicial Department
M33257
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2001-03051 The People, etc., respondent, v Karl Warren, appellant. (Ind. No. 00-00040)
| 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 Supreme Court, Westchester County, rendered March 9, 2001. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on November 29, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:
Robert P. McGrath, Esq.
One Moran Place
New Rochelle, New York 10801
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 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:
Brendan O'Meara, Esq.
45 South Broadway - Suite 200
Yonkers, New York 10701
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 if 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.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
97 A 5232
Clinton Corr. Fac.
P.O. Box 2001
Dannemora, New York 12929