Supreme Court of the State of New York Appellate Division : Second Judicial Department MOTION DECISIONS FOR DECEMBER 27, 2005

TITLECase Number
Allied Capital, LLC v Joe2005-07303 +1
Calandriello v Calandriello2005-06033
ESI-97 v Beehive Ventures, Inc.2005-02971
Feger v Warwick Animal Shelter2005-04014
Fitzsimmons v City of New York2005-03233
Goosaz v City of New York2005-06197
Gross v Gross2005-06367
Hirsch v Hirsch2005-07085
Iqbal, LLC v Five M, LLC2005-11411
Logan v Johnson2005-06027
Northside Savings Bank v Rosati2005-02403
Oguagha v Midwood Chayim Aruchim Dialysis Associat2005-04327
Psomostithis v Transoceanic Cable Ship Co.2005-01234
Rodgers v City of New York2005-09888
Shkolnik v Krutoy2005-07831 +1
Spitz v Spitz2005-04338 +2
Stallone v Rostek2005-04189
Mtr of Berger; Grievance Committee for the Second and E1999-04718
Mtr of Daly; Grievance Committee for the Tenth Judicial 2001-02090
Mtr of Government Employees Insurance Company v Lo2005-06671
Mtr of Kopald v Supervisor & Town Board of Town of2005-06306
Mtr of Lupoli v Lupoli2005-04360 +2
Mtr of Owens Road Associates, LLC v Town Board of 2005-08260
Mtr of Silver; Grievance Committee for the Second and El1999-09221
Peo v Brown, Kevin2005-04152
Peo v Brown, Kevin2005-11109
Peo v Burgos, Jose2005-10172
Peo v Evans, Alfred2002-11330
Peo v Joyner, Kareem2005-10008
Peo v Menjivar, Juan2005-10482
Peo v Mims, Robert2004-05040
Peo v Williams, Michael2005-09214
Peo v Zarro, Francis A., Jr.2004-07982







Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34217

S/sl

2005-07303, 2005-10833

Allied Capital, LLC, etc., appellant,

v Geoffrey Joe, respondent, etc., et al.,

defendants.

(Index No. 27867/03)

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, Kings County, dated June 24, 2005, and to consolidate that appeal with an appeal from an order of the same court dated October 7, 2005.

ORDERED that the branch of the application which is to enlarge time is granted and the appellant's time to perfect the appeal from the order dated June 24, 2005, is enlarged until March 21, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the application which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c]).

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34155

S/sl

2005-06033

Mary S. Calandriello, respondent,

v Frank Calandriello, appellant.

(Action No. 1)

(Index No. 200612/05)

Mary S. Calandriello, respondent,

v Washington Mutual Bank, defendant,

Frank Calandriello, appellant.

(Action No. 2)

(Index No. 008868/04)

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 23, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 21, 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34207

S/sl

2005-02971

ESI-97, plaintiff-respondent, v Beehive

Ventures, Inc., defendant-respondent,

Ridgewood Savings Bank, et al., defendants;

We Buy Now, LLC, nonparty appellant;

Andrew M. Romano, etc., nonparty.

(Index No. 9189/03)

ORDER ON APPLICATION

Application by the defendant-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, Westchester County, dated February 15, 2005.

ORDERED that the application is granted and the defendant-respondent's time to serve and file a brief is enlarged until January 13, 2006, and the defendant-respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34211

S/sl

2005-04014

Darlene Feger, appellant, v Warwick

Animal Shelter, et al., respondents.

(Index No. 3730/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on an appeal from an order of the Supreme Court, Orange County, dated March 2, 2005.

ORDERED that the application is granted and the reply brief must be filed on or before December 29, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34142

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 brief which was submitted to the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34110

D/sl

2005-06197

Minoo Goosaz, et al., appellants,

v City of New York, et al., respondents.

(Index No. 13861/03)

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, Kings County, dated May 6, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 21, 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34129

S/sl

2005-06367

Jeffrey A. Gross, appellant,

v Deborah Gross, respondent.

(Index No. 11520/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated March 24, 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34212

S/sl

2005-07085

Nachama Hirsch, plaintiff, v Benjamin Hirsch,

et al., defendants; High Point Associates, LP,

nonparty-appellant; Jeffrey Goldstein, etc.,

nonparty-respondent.

(Index No. 29231/97)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated May 26, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 30, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34193

S/sl

ANITA R. FLORIO, J.P.

ROBERT A. SPOLZINO

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-11411

Iqbal, LLC, appellant,

v Five M, LLC, et al., respondents.

(Index No. 35400/05)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enjoin the respondents from any further construction work at the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 28, 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.

FLORIO, J.P., SPOLZINO, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34075

S/sl

ANITA R. FLORIO, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-06027

Jamal Logan, appellant,

v Bernice Johnson, respondent.

(Index No. 19786/99)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from a judgment of the Supreme Court, Nassau County, dated December 16, 2005.

Now, on the court's own motion, it is

ORDERED that the appellant's notice of appeal from an order of the same court dated May 11, 2005, is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]).

FLORIO, J.P., SKELOS, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34208

S/sl

2005-02403

Northside Savings Bank, etc., respondent,

v Patricia Rosati, appellant.

(Index No. 6510/93)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 13, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34122

D/sl

2005-04327

Chika Oguagha, respondent, v Midwood

Chayim Aruchim Dialysis Associates, Inc.,

et al., appellants.

(Index No. 39905/04)

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, Kings County, dated March 28, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 9, 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34210

S/sl

2005-01234

Dimitrios Psomostithis, appellant,

v Transoceanic Cable Ship Co., respondent.

(Index No. 34619/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated December 22, 2004.

ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court on December 23, 2005, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34143

S/sl

2005-09888

Christian Rodgers, plaintiff-respondent,

v City of New York, et al., defendants-respondents,

Georgette Miller, appellant

(and a third-party action).

(Index No. 36779/02)

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, Kings County, dated September 16, 2005.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until February 6, 2006, and the movant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34125

S/sl

2005-07831, 2005-07832

Alexander Shkolnik, respondent,

v Igor Krutoy, et al., defendant, Romaro

Corp., etc., et al., appellants.

(Index No. 36979/04)

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 appeals from two orders of the Supreme Court, Kings County, dated April 4, 2005, and July 8, 2005, respectively.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 14, 2006, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34145

S/sl

2005-04338, 2005-04341

Boaz Spitz, appellant,

v Marilyn Spitz, respondent.

(Appeals No. 1 and 2)

2005-04340

Boaz Spitz, appellant, v

Marilyn Spitz, defendant;

Carl Mendel Klein, et al.,

nonparty-respondents.

(Appeal No. 3)

(Index No. 201266/04)

ORDER ON APPLICATION

Application by the appellant in all three appeals pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from three orders of the Supreme Court, Nassau County, dated February 25, 2005, March 30, 2005, and April 7, 2005, respectively.

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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34206

S/sl

2005-04189

Ramona Stallone, et al., appellants,

v Miles Rostek, et al., respondents.

(Index No. 18954/04)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Westchester County, dated March 28, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 30, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34220

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

1999-04718

In the Matter of Scott Michael Berger,

a suspended attorney.

(Attorney Registration No. 2373322)

DECISION & ORDER ON MOTION
FOR REINSTATEMENT

Motion by the respondent, Scott Michael Berger, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated May 29, 2001, the respondent was suspended from the practice of law for a period of three years. By decision and order on motion dated November 17, 2004, as amended by decision and order on motion dated March 17, 2005, the respondent's motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report with respect to the respondent's current fitness to be an attorney. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 9, 1991.

Upon the report of the Committee on Character and Fitness, it is

ORDERED that the motion is granted; and it is further

ORDERED that, effective immediately, the respondent Scott Michael Berger is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Scott Michael Berger, to the roll of attorneys and counselors-at-law.

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

ENTER:

James Edward Pelzer

Clerk of the Court



Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34231

K/nl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

GLORIA GOLDSTEIN, JJ.

2001-02090

FOR REINSTA

In the Matter of Timothy J. Daly, admitted

as Timothy Joseph Daly, a suspended attorney.

(Attorney Registration No. 1758325)

DECISION & ORDER ON MOTION
TEMENT

Motion by the respondent, Timothy J. Daly, for reinstatement as an attorney and counselor-at-law. By decision and order on application of this court dated June 18, 2001, the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against the respondent pursuant to Judiciary Law § 90(7), and the issues raised were referred to John F. Mulholland, Esq., as Special Referee, to hear and report. By opinion and order of this court, dated April 28, 2003, the respondent was suspended from the practice of law for a period of two years, commencing May 28, 2003, on five charges of professional misconduct. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 17, 1982, under the name Timothy Joseph Daly.

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

ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney including, but not limited to,(a)the current status of his admission to practice in the courts of the state of Florida and the New York federal courts; and (b)his 2003 income tax returns with the submission by the respondent of his W2 forms.

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

ENTER:

James Edward Pelzer

Clerk of the Court



Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34123

S/sl

2005-06671

In the Matter of Government Employees Insurance

Company, petitioner-respondent, v Isabel Lopez,

et al., respondents, Travelers Indemnity Company,

appellant, et al., proposed additional respondents.

(Index No. 31599/02)

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 April 27, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 6, 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34111

D/sl

2005-06306

In the Matter of Deborah Kopald, et al., appellants,

v Supervisor & Town Board of Town of Highlands,

et al., respondents.

(Index No. 5513/04)

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, Orange County, dated May 27, 2005.

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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34112

D/sl

2005-04360, 2005-06941, 2005-06943

In the Matter Virginia Lupoli, etc., respondent,

v Nicholas Lupoli, etc., appellant.

(Index No. 29089/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from three orders of the Supreme Court, Queens County, dated September 15, 2004, March 30, 2005, and June 30, 2005, respectively.

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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34120

S/sl

2005-08260

In the Matter of Owens Road Associates, LLC,

et al., appellants, v Town Board of Town of

Goshen, et al., respondents.

(Index No. 6963/04)

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, Orange County, dated August 3, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 12, 2005, 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34219

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

GABRIEL M. KRAUSMAN, JJ.

1999-09221

In the Matter of Stephen N. Silver,

a suspended attorney.

(Attorney Registration No. 1473172)

DECISION & ORDER ON MOTION
FOR REINSTATEMENT

Motion by the respondent for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 25, 1969. By opinion and order of this court dated May 21, 2001, the respondent was suspended from the practice of law for one year as a result of a disciplinary proceeding involving charges of commingling, improperly advancing financial assistance to a client, and conduct involving fraud, deceit and misrepresentation emanating from his filing of late retainer statements and false and inaccurate affirmations (see Matter of Silver, 282 AD2d 156). By decision and order on motion of this court dated May 17, 2004, the respondent's motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney, including but not limited to the submission of a passing scaled score on the MPRE and a copy of his 2003 income tax return.

Upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, it is

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

ORDERED that effective immediately, the respondent is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Stephen N. Silver to the roll of attorneys and counselors-at-law.

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

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34078

S/sl

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-04152

The People, etc., appellant,

v Kevin Brown, respondent.

(Index No. 8004/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 19, 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 to preclude the respondent from filing a brief on an appeal from an order of the Supreme Court, Kings County, dated April 18, 2005, 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; 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34161

S/sl

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-11109

The People, etc., respondent,

v Kevin Brown, respondent.

(Ind. No. 8004/01)

DECISION & ORDER ON APPLICATION

Application by the attorney for the respondent on an appeal from an order of the Supreme Court, Kings County, dated October 26, 2005, to be relieved and for the assignment of new counsel.

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 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court



Go to Top. Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M33917

F/

THOMAS A. ADAMS, J.

2005-10172

The People, etc., plaintiff,

v Jose Burgos, defendant.

(Ind. No. 6839/94)

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 September 30, 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.

THOMAS A. ADAMS

Associate Justice




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34196

S/sl

2002-11330

The People, etc., respondent,

v Alfred Evans, appellant.

(Ind. No. 4121/95)

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 a judgment of the Supreme Court, Queens County, rendered November 22, 2002.

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged, and the respondent's brief submitted to the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M33652

F/

MARK C. DILLON, J.

2005-10008

The People, etc., plaintiff,

v Kareem Joyner, defendant.

(Ind. No. 6622/96)

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 September 8, 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.

MARK C. DILLON

Associate Justice




Go to Top. Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M33969

F/

BARRY A. COZIER, J.

2005-10482

The People, etc., plaintiff,

v Juan Menjivar, defendant.

(Ind. No. 2545/01)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated September 14, 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34209

S/sl

2004-05040

The People, etc., respondent,

v Robert Mims, appellant.

(Ind. No. 3571/02)

ORDER ON APPLICATION

ORDERED that the order on application dated December 12, 2005, in the above-entitled case is amended by deleting from the decretal paragraph thereof the date "January 11, 2006," and substituting therefor the date "January 18, 2006".

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M33653

F/

MARK C. DILLON, J.

2005-09214

The People, etc., plaintiff,

v Michael Williams, defendant.

(Ind. No. 2949/02)

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 August 18, 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.

MARK C. DILLON

Associate Justice




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M33702

M/nl

DAVID S. RITTER , J.

2004-07982

The People, etc., respondent,

v Francis A. Zarro, Jr., appellant.

(Ind. No. 23/03)

DECISION AND ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Dutchess County, rendered November 18, 2004, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.

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

ORDERED that the motion is denied.

DAVID S. RITTER

Associate Justice