Appellate Division: Second Judicial Department

M33987

CF/

2005-03563 Irakly Biejanov, et al., respondents-appellants, v Jeno David Guttman, et al. appellants-respondents, et al., defendants. (Index No. 34775/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated March 10, 2005.

Upon the stipulation of the parties, dated November 14, 2005, it is

ORDERED that the cross appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33939

D/sl

2005-03728 Fred Brothers, appellant, v City of New York, et al., respondents. (Index No. 8893/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated March 2, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 10, 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

M33942

S/sl

2005-03850 Albert Castricone, respondent, v Debra Castricone, appellant. (Index No. 17056/98)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 18, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 31, 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

M33966

S/sl

2005-06437 Gloria Charles, et al., respondents, v Najma Ahmed, etc., et al., defendants, Ludvika Hoppenstand, etc., appellant. (Index No. 23537/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 16, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 22, 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

M33991

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-08569 DJS Realty, Inc., appellant, v NBF Enterprises, Inc., et al., respondents. (Index No.9659/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, dated March 5, 2004.

Upon the stipulation of the attorneys for the respective parties, dated December 14, 2005, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33802

C/sl

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-00140 Charles Dun-Zheng Yan, etc., appellant, v Nancy Klein, respondent. (Index No. 13587/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Queens County, dated November 24, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on 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, with leave to renew upon the perfection of the appeal.

COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33928

D/sl

2005-06035 Keith Durkin, appellant, v Long Island Power Authority, respondent. (Index No. 20624/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated April 20, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 14, 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

M33970

S/sl

2005-06424 Estate of Eileen Tosner, plaintiff, v Nassau County, et al., respondents, Peter J. Troy, appellant. (Index No. 3283/04)

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, Nassau County, dated March 7, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 20, 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

M33899

M/nal

2005-06336 Nadzira Ficic, respondent, v State Farm Fire & Casualty Company, appellant (and a third-party action). (Index No. 12861/98)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated April 1, 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

M33898

M/nal

2005-06316 Financial Pacific Leasing, LLC, a/a/o Nationwide Funding, LLC, appellant, v Village Auto Spa, d/b/a Windsor Limousine, et al., respondents. (Index No. 1028/05)

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, Orange County, dated June 8, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 17, 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

M33965

S/sl

2005-03233 Paul Fitzsimmons, plaintiff-respondent, v City of New York, et al., appellants, Bay Crane Service, Inc., defendant-respondent (and third-party actions). (Index No. 5915/02)

ORDER ON APPLICATION

Application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated February 17, 2005.

ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until December 20, 2005, and the plaintiff-respondent'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

M33947

S/sl

2005-03034 Fortune Limousine Service, Inc., respondent, v Nextel Communications, et al., defendants, Unistar Leasing, et al., appellants. (Index No. 28067/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated February 4, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 31, 2006, and the respondent'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

M33891

M/nal

2005-06267 Constance R. Furey, et al., appellants, v Sayville Union Free School District, respondent, et al., defendant. (Index No. 12847/99)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered June 2, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 28, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33888

M/nal

2005-05812 Janis Fusco, appellant, v Peter Fusco, et al., respondents. (Index No. 13348/04)

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, Nassau County, dated May 18, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 10, 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

M33932

D/sl

2005-06028 Robert D. Grasso, appellant, v Donna Grasso, respondent. (Index No. 200245/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated May 10, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 15, 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

M33968

S/sl

2004-09740 Herman L. Gray, respondent, v City of New York, et al., appellants. (Index No. 22695/93)

ORDER ON APPLICATION

Application by the appellant City of New York pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Kings County, entered October 12, 2004.

ORDERED that the application is granted and the movant's time to serve and file a reply brief is enlarged until December 27, 2005, and the movant'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

M33959

CF/

2005-08960 Terry Hargrave, et al., respondents, v Polina R. Kagan, et al., defendants, Howard G. Nathanson, appellant. (Index No. 3371/04)

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 15, 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

M33990

CF/

2005-05954, 2005-10980 Alvester Hayes, respondent, v Demicco Brothers, Inc., et al., appellants (and a third and fourth party action). (Index No. 23612/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant HHM Associates, Inc., to withdraw appeals from two orders of the Supreme Court, Queens County, dated May 3, 2005, and October 21, 2005, respectively.

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 appeals by HHM Associates, Inc., are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33661

C/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-09491 Barry Kucher, respondent, v Daimler Chrysler Corporation, appellant, et al., defendants.

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

Motion by the defendant Daimler Chrysler Corporation for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, 2nd and 11th Judicial Districts, dated July 6, 2005, which dismissed an appeal from an order of the Civil Court, Queens County, entered February 26, 2003, and reversed a judgment of the same court entered February 9, 2004, insofar as appealed from, and to stay enforcement of so much of the order of the Appellate Term as remitted the matter to the trial court for entry of a judgment following an assessment of damages.

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 for leave to appeal from the order of the Appellate Term is granted; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33881

A/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-11435 L&L Drugs of Nassau, Inc., d/b/a Drugs Plus, plaintiff, v Lake Success Shopping Center, LLC, defendant. (Index No. 19120/05)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from, in effect, an order of the Supreme Court, Nassau County, dated December 6, 2005, and, inter alia, to stay any holdover proceedings pending in the District Court, Nassau County, 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 branch of the motion which is for leave to appeal to this court is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33883

M/nal

2005-05675, 2005-05684 Anna F. Larsen, etc, appellant, v Dawn M. Spano, et al., respondents. (Index No. 4937/2001)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated May 12, 2005 (Appellate Division Docket No. 2005-05675), and a judgment of the same court, entered June 10, 2005 (Appellate Division Docket No. 2005-05684).

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until February 10, 2006, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33926

D/sl

2005-04085 Local 851 of the International Brotherhood of Teamsters, appellant, v State of New York, respondent. (Claim No. 100842)

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 Court of Claims, dated March 22, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 27, 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

M33941

D/sl

2005-09756 George Matthews, et al., plaintiffs-respondents, v Mercury Paint Corp., defendant-respondent, Cleveland Steel Container Corp., appellant. (Index No. 35180/02)

ORDER ON APPLICATION

Application by the plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated September 16, 2005.

ORDERED that the application is granted and the plaintiffs-respondents' time to serve and file a brief is enlarged until January 17, 2006, and the plaintiffs-respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33929

D/sl

2005-05801, 2005-05806 James Moran, appellant, v McCarthy, Safrath & Carbone, P.C., et al., respondents. (Index No. 17101/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from two orders of the Supreme Court, Nassau County, dated March 24, 2005, and May 12, 2005, respectively.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 14, 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

M33927

D/sl

2005-06366 Outback/Empire I Limited Partnership, respondent, v Kamitis, Inc., et al., appellants. (Index No. 5195/05)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated June 9, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 15, 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

M33790

F/

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-10861 People of State of New York, respondent, v Steven Cohen, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a determination of the Supreme Court, Westchester County, dated October 7, 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 that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Westchester County, continues on appeal; and it is further,

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

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

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

ORDERED that the filing fee is waived (see CPLR 1103[d]); 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., MASTRO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33792

F/

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005 07792 People of State of New York, respondent, v John L. Donaldson, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a determination of the County Court, Nassau County, dated June 17, 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 that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the County Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the County Court, Nassau County, continues on appeal; and it is further,

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

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

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

ORDERED that the filing fee is waived (see CPLR 1103[d]); 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., MASTRO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33793

F/

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005 08108 People of State of New York, respondent, v William Frosh, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a determination of the County Court, Nassau County, dated February 15, 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 that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the County Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the County Court, Nassau County, continues on appeal; and it is further,

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

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

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

ORDERED that the filing fee is waived (see CPLR 1103[d]); 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., MASTRO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33980

S/sl

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-03250 Beatriz Perez, respondent, v P.K.L. Corp., d/b/a Chung Kiwa Restaurant, appellant. (Index No. 13161/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated March 1, 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.

GOLDSTEIN, J.P., MASTRO, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33937

D/sl

2005-03854 Renay Enterprises, Inc., respondent, v Regina Kirsh, appellant. (Index No. 24155/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated March 4, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 30, 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

M33945

D/sl

2005-04671 Mahmood Sabet, appellant, v Doreen Heller Sabet, respondent. (Index No. 203760/04)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated April 18, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 17, 2006, and the respondent'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

M33960

CF/

2005-06168 Iqbal Singh, et al., respondents, v Jaime Cruz, et al., appellants. (Index No. 10056/03)

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 April 6, 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

M33938

D/sl

2005-08928 Chae S. Sone, appellant, v Steve H. Park, respondent. (Index No. 5850/05)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated August 4, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 8, 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

M33954

O/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

JOSEPH COVELLO, JJ.

2005-10947 Kerry Spiegler, et al., plaintiffs, v Gerken Building Corporation, et al., defendants, Integrity Contracting, Inc., third-party plaintiff-respondent; All Ran Electric of New York, Inc., third-party defendant- appellant. (Index No. 37906/02)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 1, 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.

PRUDENTI, P.J., SCHMIDT, ADAMS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33967

S/sl

ROBERT W. SCHMIDT, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2004-09363 Joyce Stinton, etc., respondent, v Robin's Wood, Inc., appellant. (Index No. 2563/03)

DECISION & ORDER ON APPLICATION

Application by the appellant on an appeal from an order of the Supreme Court, Queens County, dated September 20, 2004, to substitute Joyce Stinton, as executor of the estate of Ethel Flanzraich, for the deceased plaintiff, Ethel Flanzraich, and pursuant to 22 NYCRR 670.8[d][2] to enlarge the time to perfect the appeal.

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

ORDERED that the application is granted and Joyce Stintion, as executor of the estate of Ethel Flanzraich, is substituted for the deceased plaintiff, Ethel Flanzraich, and the caption of the appeal is amended accordingly; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until February 21, 2006, and the record or appendix on appeal and the appellant's brief shall be served and filed on or before that date; and it is further,

 ORDERED that the respondent's brief shall be served and filed in accordance with the rules of this court (see 22 NYCRR 670.8[b]).

SCHMIDT, J.P., KRAUSMAN, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33930

D/sl

2005-03771, 2005-05903 Vincent S. Taggart, appellant, v Janet Shaw, et al., respondents. (Index No. 2279/03)

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 29, 2005, and a judgment of the same court entered June 1, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 17, 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

M33988

CF/

2005-07057 Douglas Tosner, et al., respondents, v New York City Housing Authority, et al., appellants. (Index No. 27081/96)

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 2, 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

M33943

S/sl

2005-05586 Donna Lee H. Williams, respondent, v Goldy Feig, a/k/a Goldy Weiss, a/k/a Goldy Feig Weiss, appellant. (Index No. 335/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Rockland County, dated May 10, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 3, 2006, and the respondent'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

M33986

CF/

2005-06596 Kenneth Wootton, respondent, v Steven Sebastopoli, et al., appellants. (Index No. 13953/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants Steven Sebastopoli and Donna Sebastopoli to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 31, 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 by Steven Sebastopoli and Donna Sebastopoli is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33897

A/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-08574 In the Matter of Pedro Alfonso, respondent, v Jessica Galvez, appellant. (Docket No. V-7917-03)

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

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated August 12, 2005, to grant the appellant leave to prosecute the appeal as a poor person, and to enlarge the time to perfect the appeal.

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

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

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before January 4, 2006, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal, leave to prosecute the appeal as a poor person, and to enlarge the time to perfect the appeal are denied with leave to the appellant to renew, on or before January 23, 2006, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33953

M/nal

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-05069 In the Matter of Alexander B. (Anonymous). Administration for Children's Services, respondent; Veronica B. (Anonymous), appellant; Steven Banks, etc., nonparty-appellant. (Proceeding No. 1) In the Matter of Nacho B. (Anonymous). Administration for Children's Services, respondent; Veronica B. (Anonymous), appellant; Steven Banks, etc., nonparty-appellant. (Proceeding No. 2) (Docket Nos. N-12746-01, N-12747-01)

SCHEDULING ORDER

Separate appeals by Veronica B. and the Law Guardian from an order of the Family Court, Kings County, dated May 25, 2005. The Law Guardian's brief was served and filed on August 4, 2005, and the brief of the appellant Veronica B. was served and filed on September 29, 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 January 16, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted.

PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33907

M/nal

2005-11015 In the Matter of James C. (Anonymous). Administration for Children's Services, petitioner-respondent; Gary C. (Anonymous), appellant; et al., respondent. (Docket No. N-00111-03)

SCHEDULING ORDER

Appeal by Gary C. from an order of the Family Court, Richmond County, dated June 22, 2004. 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

M33985

CF/

2005-05370 In the Matter of Dominique D. (Anonymous). Administration for Children's Services, respondent; Shannon H. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Amanda D. (Anonymous). Administration for Children's Services, respondent; Shannon H. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Edward D. (Anonymous). Administration for Children's Services, respondent; Shannon H. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-07304-01-N-07306-01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated May 6, 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

M33961

CF/

2005-09626 In the Matter of Jaime Farlese, appellant, v Louis Pagan, respondent. (Docket No. V-8164-01)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M33948

M/nal

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

STEVEN W. FISHER

MARK C. DILLION, JJ.

2005-08930 In the Matter of Christopher Guy, appellant, v Kay R. Guy, respondent. (Docket Nos. V-01963-02, V-01964-02, V-01965-02)

DECISION & ORDER ON MOTION

Appeal by Christopher Guy from an order of the Family Court, Kings County, dated August 17, 2005. By order to show cause dated November 15, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated October 5, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated October 5, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

CRANE, J.P., RITTER, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33949

M/nal

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLION, JJ.

2005-08932 In the Matter of Kay R. Guy, respondent, v Christopher Guy, appellant. (Docket No. O-07352-02)

DECISION & ORDER ON MOTION

Appeal by Christopher Guy from an order of the Family Court, Kings County, dated August 17, 2005. By order to show cause dated November 15, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 29, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated September 29, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

CRANE, J.P., RIVERA, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33282

M/nal

2005-11032 In the Matter of Bruce Serkez, respondent, v Rivka Serkez, appellant. (Docket No. V-2992-04, V-2993-04, V-2994-04, O-2134-04, O-02994-04)

SCHEDULING ORDER

Appeal by Rivka Serkez from an order of the Family Court, Rockland County, dated November 3, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M33955

O/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-10402 In the Matter of Ricardo Shaw, respondent, v LaDonnesier Shaw, appellant. (Docket No. U-03347-04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated June 23, 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 that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,

ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).

PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33944

Y/sl

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-10616 In the Matter of Jeremy Skehan, et al., petitioners, v James R. Cowhey, etc., et al., respondents. (Index No. 3049/05)

DECISION & ORDER ON MOTION

Motion by James R. Cowhey, the Board of Police Commissioners of the Village of Mamaroneck, N.Y., the Village Board of the Village of Mamaroneck, and the Village of Mamaroneck for leave to appeal to this court from an order of the Supreme Court, Westchester County, entered October 6, 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.

GOLDSTEIN, J.P., MASTRO, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33940

D/sl

2005-05398 In the Matter of Village of Port Chester, petitioner, v Thomas Ayotte, et al., respondents. (Index No. 2844/05)

ORDER ON APPLICATION

Application by the respondents Thomas Ayotte, Thomas Maul, and State of New York Office of Mental Retardation & Development pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated May 17, 2005.

ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until January 17, 2006, and the movants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M33655

F/

BARRY A. COZIER, J.

2005-07879 The People, etc., plaintiff, v Asiatic Allah, defendant. (Ind. No. 1426/00)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated July 15, 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

M33774

F/

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-07373 The People, etc., respondent, v Andrew Arrington, appellant. (S.C.I. No. 80/04)

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, Dutchess County, rendered July 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 September 20, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

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:

Bruce A. Petito, Esq.

222 Church Street

Poughkeepsie, New York 12601

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.

FLORIO, J.P., MASTRO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 R 3328

Riverview Corr. Fac.

Route 37

Ogdensburg, New York 13669-0158

Appellate Division: Second Judicial Department

M33799

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-01105 The People, etc., respondent, v Keylon F. Beam, appellant. (Ind. No. 04-00152)

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 January 26, 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:

Peter A. Sell, Esq.

324 West 96th Street - Suite 4B

New York, New York 10025

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 0775

Great Meadow Corr. Fac.

P.O. Box 51

Comstock, New York 12821-0051

Appellate Division: Second Judicial Department

M33796

F/

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-10714 The People, etc., respondent, v Torin E. Bobo, appellant. (S.C.I. No. 937/05)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered October 19, 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:

Kent V. Moston, Esq.

Attorney in Charge, Criminal Div.

Legal Aid Society of Nassau County

1 Helen Keller Way

Hempstead, New York 11550

and it is further,

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

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

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

FLORIO, J.P., MASTRO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M33801

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06160 The People, etc., respondent, v Kevin Brooks, appellant. (Ind. No. 03-00904)

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 June 7, 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:

Peter A. Sell, Esq.

324 West 96th Street - Suite 4B

New York, New York 10025

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 4847

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Appellate Division: Second Judicial Department

M33962

C/sl

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-04152, 2005-11109 The People, etc., respondent, v Kevin Brown, appellant. (Ind. No. 8004/01)

DECISION & ORDER ON MOTION

Motion by the appellant to preclude the respondent from filing a brief on appeals from two orders of the Supreme Court, Kings County, dated April 18, 2005, and October 26, 2005, respectively, unless the respondent serves and files an answering brief by a date certain. Application by the attorney for the respondent to be relieved from representing the respondent and for the assignment of new counsel.

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

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

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

ORDERED that counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that Cheryl Duval, 44 Court Street, Suite 909, Brooklyn, NY, 11201, is assigned as attorney for the respondent pursuant to County Law § 722 to respond to the appeal from the orders; and it is further,

 ORDERED that counsel for the respondent shall serve one copy of her brief and to file nine copies thereof on or before February 23, 2006.

FLORIO, J.P., MASTRO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33798

F/

ANITA R. FLORIO, P.J.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-10477 The People, etc., respondent, v Christopher Buniek, appellant. (Ind. No. 04-00653)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Westchester County, rendered February 8, 2005.

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

ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Westchester County, rendered February 8, 2005.

FLORIO, J.P., MASTRO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33854

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-09923 The People, etc., respondent, v Raymond Burton, appellant. (Ind. No. 02-00045)

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 an amended judgment of the County Court, Orange County, rendered October 6, 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 that the motion is granted; and it is further,

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

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of any proceedings in connection with the violation of probation and of the imposition of sentence on the violation of probation, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); 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 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 on the violation of probation, 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:

George Draadowich, Esq.

488 Old Dutch Hollow Road

Monroe, New York 10950

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 5225

Downstate Corr. Fac.

Box F - Red Schoolhouse Road

Fishkill, New York 12524-0445

Appellate Division: Second Judicial Department

M33956

S/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-10474 The People, etc., respondent, v Filiberto Colon, appellant. (Ind. No. 10062/04)

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

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 15, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered September 27, 2004, 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 as academic as the appeal has been withdrawn.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

55762-054

Federal Corr. Institution

P.O. Box 7000 - Bldg. 5803

Fort Dix, New Jersey 08640

Appellate Division: Second Judicial Department

M33800

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-08165 The People, etc., respondent, v Anna Marie Dorgan, appellant. (Ind. No. 05-00289)

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 July 26, 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:

Peter A. Sell, Esq.

324 West 96th Street - Suite 4B

New York, New York 10025

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 G 0738

Albion Corr. Fac.

3595 State School Road

Albion, New York 14411-9399

Appellate Division: Second Judicial Department

M33797

F/

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-09049 The People, etc., respondent, v Jonathan Fleming, appellant. (S.C.I. No. 122/05)

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, Dutchess County, rendered September 13, 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:

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his 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., MASTRO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 R 4057

Downstate Corr. Fac.

P.O. Box F - Red Schoolhouse Road

Fishkill, New York 12524-0445

Appellate Division: Second Judicial Department

M33769

F/

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-09532 The People, etc., respondent, v Al Fogel, appellant. (Ind. No. 2319/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered October 3, 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 amount and source of counsel fees paid to retained counsel.

FLORIO, J.P., MASTRO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33933

C/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-05070 The People, etc., respondent, v Hector Frazier, appellant. (Ind. No. 501/03)

DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 13, 2004.

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

ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before February 23, 2006; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33971

F/

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2002-03911 The People, etc., respondent, v Robert Furman, appellant. (Ind. No. 80-00372)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered April 16, 2002.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

PRUDENTI, P.J., ADAMS, SPOLZINO, and COVELLO. JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33770

F/

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-04915 The People, etc., respondent, v Joseph Grajales, appellant. (Ind. No. 1260/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an

appeal from a judgment of the Supreme Court, Kings County, rendered May 27, 2004.

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., MASTRO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33972

F/

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-07213 The People, etc., respondent, v Gabriel Jasmin, appellant. (Ind. No. 02-00104)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Rockland County, rendered December 3, 2002.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

PRUDENTI, P.J., ADAMS, SPOLZINO, and COVELLO. JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33973

F/

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2004-03710 The People, etc., respondent, v Teddy Lewis, appellant. (Ind. No. 1049/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered April 20, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

PRUDENTI, P.J., ADAMS, SPOLZINO, and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 A 2494

Attica Corr. Fac.

Box 149

Attica, New York 14011

Appellate Division: Second Judicial Department

M33853

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-09927 The People, etc., respondent, v Clinton Marsh, appellant. (Ind. No. 05-00518)

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 October 19, 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:

Edward Bruno, Esq.

15 Bruyn Avenue

Pine Bush, New York 12566

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:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M33772

F/

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2003-10723 The People, etc., respondent, v Alexis Menna, appellant. (Ind. No. 9064/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Kings County, rendered September 19, 2003.

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

ORDERED that the motion is denied.

FLORIO, J.P., MASTRO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33851

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-10366 The People, etc., respondent, v Rufino O'Neill, appellant. (Ind. No. 05-00593)

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 October 27, 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:

Joseph Artrip, Esq.

60 Dutch Hill Road - Suite 8

Orangeburg, New York 10962

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:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M33923

C/sl

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2004-02286, 2004-02289 The People, etc., respondent, v Carlos Rivera, appellant. (Ind. Nos. 996/03, 1844/03)

DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from two judgments of the Supreme Court, Queens County, both rendered March 11, 2004.

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

ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before February 16, 2006; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33773

F/

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-10480 The People, etc., plaintiff, v Carlos Saez, defendant. (Ind. No. 859/05)

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 defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered September 1, 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, MASTRO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 4959

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M32253

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-09309 The People, etc., respondent, v Tiffany Scott, appellant. (Ind. No. 05-00101)

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 27, 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:

Michael G. Paul, Esq.

121 High Street

Metuchen, New Jersey 08840

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 G 0948

Bedford Hills Corr. Fac.

247 Harris Road

Bedford Hills, New York 10507-2499

Appellate Division: Second Judicial Department

M33849

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

1998-07070 The People, etc., respondent, v Larry Stevens, appellant. (Ind. No. 96-01092)

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 July 10,1998. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on October 26, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

Marshall L. Goldstein, Esq.

399 Knollwood Road

White Plains, New York 10603

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:

Michael G. Paul, Esq.

121 High Street

Metuchen, New Jersey 08840

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:

98 A 4915 - 47-7-9

Clinton Corr. Fac.

P.O. Box 2001

Dannemora, New York 12929