x in the matter of · present: hon. jonathan lippman, peter tom angela m. mazzarelli richard t....

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on January 20, 2009.

Present: Hon. Jonathan Lippman,Peter TomAngela M. MazzarelliRichard T. AndriasDavid B. Saxe,

------------------------------------XIn the Matter of

Arrissa M. and Xeria C.,

Dependent Children Under 18 Yearsof Age Alleged to be Abused and/orNeglected Pursuant to Article 10of the Family Court Act.

Commissioner of the Administrationfor Children's Services,

Petitioner-Respondent,

Shala C.,Respondent-Appellant,

Shaquanne M.,Respondent.

Steven Banks, Esq.,Law Guardian for the Children.

---------------------------------- X

Presiding Justice,

Justices.

M-6125Docket Nos. NN928-06/07A

NN930-06/07A

An appeal having been taken from the order of theFamily Court, New York County, entered on or about July 31,2007,

Now, upon reading and filing the stipulation of theparties hereto, filed December 24, 2008, and due deliberationhaving been had thereon,

It is ordered that the appeal, previously perfectedfor the January 2009 Term, is withdrawn in accordance withthe aforesaid stipulation.

ENTER:

At a Term of the Appellate Division of the Supremecourt held in and for the First Judicial Department inthe County of New York on January 20, 2009.

Present: Hon. Jonathan Lippman,Richard T. AndriasDavid FriedmanJohn T. BuckleyRolando T. Acosta,

----------------------------------xIn the Matter of

Grace D.,Petitioner-Respondent,

-against

Ralph D.,Respondent-Appellant.

Michael DeMattio, Esq.,Law Guardian for the Children/Law Guardian-Appellant.

------------------------- --------x

Presiding Justice,

Justices.

M-5808 & M-5595

Docket Nos. V490/04V491/04V491/04AV492/04

Separate appeals having been taken to this Court fromthe amended order of the Supreme Court, Bronx County, IntegratedDomestic Violence Part (IDV) , entered on or about April 27, 2007, andrespondent father's appeal having been perfected for the February 2009Term of this Court,

And respondent-appellant father having moved for an ordercompelling the production of certain transcripts and for relatedrelief (M-5808),

And petitioner-respondent having moved to dismiss the appealsherein (M-5595),

Now, upon reading and filing the papers with respect to themotions, and due deliberation having been had thereon, it is

Ordered that the respondent-appellant father's motion isdenied. Petitioner-respondent's motion is granted, and the appealsare dismissed.

ENTER:


Present: Hon. Jonathan Lippman,Richard T. AndriasDavid FriedmanJohn T. BuckleyHelen E. Freedman,

------------------------------------xThe People of the State of New York,

Respondent,

-against-

Heriberto Torres,Defendant-Appellant.

-- ---------------------------------x

Presiding Justice,

Justices.

M-5950Ind. No. 2668/05

Defendant having moved for leave to prosecute, as a poorperson, the appeal from the order of the Supreme Court, New YorkCounty (Bonnie Wittner, J.) entered on or about October 31, 2008,for leave to have the appeal heard upon the original record andupon a reproduced appellant's brief, and for related relief, foran enlargement of time in which to perfect said appeal, and forrelated relief,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon, it is

Ordered that the motion is granted to the extent of permittingthe appeal to be heard on the original record and upon a reproducedappellant's brief, on condition that appellant serves one copy ofsuch brief upon the District Attorney of said county and files 10reproduced copies of such brief, together with the original record,with this Court, and it is further

Ordered that the Clerk of the Supreme Court shall expeditiouslyhave made and file with the criminal court (CPL 460.70) twotranscripts of the stenographic minutes of the SORA hearing and anyother proceedings before Justice Wittner as yet not transcribed. TheClerk shall furnish a copy of such transcripts to appellant's counsel,Steven Banks, Esq., without charge, the transcripts to be returned tothis Court when appellant's brief is filed.

The time within which appellant shall perfect this appeal ishereby enlarged until 120 days from the date of filing of the record.

ENTER:




Respondent,

-against-

David Green,Defendant-Appellant.

------------------------------------x

Presiding Justice,

Justices.

M-5951Ind. No. 3980/03

Defendant having moved for leave to prosecute, as a poorperson, the appeal from the order of the Supreme Court, New YorkCounty (Rena K. Uviller, J.) entered on or about October 29, 2008,for leave to have the appeal heard upon the original record andupon a reproduced appellant's brief, an enlargement of time in whichto perfect said appeal, and for related relief,


Ordered that the motion is granted to the extent of permittingthe appeal to be heard on the original record and upon a reproducedappellant's brief, on condition that appellant serves one copy ofsuch brief upon the District Attorney of said county and files 10reproduced copies of such brief, together with the original record,with this Court, and it is further

Ordered that the Clerk of the Supreme Court shall expeditiouslyhave made and file with the criminal court (CPL 460.70) twotranscripts of the stenographic minutes of the SORA hearing and anyother proceedings before Justice Uviller as yet not transcribed. TheClerk shall furnish a copy of such transcripts to appellant's counsel,Steven Banks, Esq., without charge, the transcripts to be returned tothis Court when appellant's brief is filed.

The time within which appellant shall perfect this appeal ishereby enlarged until 120 days from the date of filing of the record.

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Departmentin the County of New York on January 20, 2009.

Present: Hon. Jonathan Lippman,Richard T. AndriasDavid FriedmanJohn T. BuckleyRolando T. Acosta,

--------------------------------------xThe People of the State of New York,

Respondent,

-against-

Gabriel Cordero,Defendant-Appellant.

--------------------------------------x

Presiding Justice,

Justices.

M-5859Ind. No. 6219/07

Defendant having moved for an enlargement of time in whichto file a notice of appeal from the judgment of the Supreme Court,New York County, rendered on or about May 13, 2008, and for leaveto prosecute the appeal as a poor person on the original record andupon a reproduced appellant's brief, and for assignment of counsel,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent ofdeeming the notice of appeal timely filed, and permitting the appealto be heard on the original record, except that a certified copyof the indictment(s) shall be substituted in place of the originalindictment(s), and upon a reproduced appellant's brief, on conditionthat appellant serves one copy of such brief upon the DistrictAttorney of said county and files 10 reproduced copies of such brief,together with the original record, with this Court.

The court reporter shall promptly make and file with thecriminal court (CPL §460.70) two transcripts of the stenographicminutes of any proceedings pursuant to CPL §210.20, Arts. 710 and730, and of the plea or trial and sentence. The Clerk shall furnisha copy of such transcripts to appellant's counsel, without charge,the transcripts to be returned to this Court when appellant's briefis filed.

Steven Banks, Esq., 199 Water Street, 5th Floor, New York,New York 10038, Tel. No. (212) 577-3688 is assigned as counsel fordefendant-appellant for purposes of the appeal. The time withinwhich appellant shall perfect this appeal is hereby enlarged until120 days from the date of filing of the record.

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the first Judicial Department inthe County of New York on January 20, 2009.

PRESENT - Hon. Jonathan LippmanPeter TomAngela M. MazzarelliRichard T. AndriasDavid B. Saxe,


Respondent,

-against-

Tomas Correa, also known asTomas Correa, Jr.,

Defendant-Appellant.------------------------------------x

Presiding Justice,

Justices.

M-6041Ind. No. 1934/08

Defendant having moved for leave to prosecute, as a poor person,the appeal from the judgment of the Supreme Court, New York County,rendered on or about December 4, 2008, for leave to have the appealheard on the original record and upon a reproduced appellant 1 s brief,and for related relief,


It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files 10 reproduced copies ofsuch brief, together with the original record, with this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) two transcripts of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Robert S. Dean, Esq., Center for Appellate Litigation,74 Trinity Place, 11th Floor, New York, New York 10006,Telephone No. 212-577-2523, is assigned as counsel for defendantappellant for purposes of the appeal. The time within which appellantshall perfect this appeal is hereby enlarged ntil 120 days from thedate of filing of the record.

ENTER:


PRESENT - Hon. Jonathan Lippman,Peter TomAngela M. MazzarelliRichard T. AndriasDavid B. Saxe,

----------------------------------------xThe People of the State of New York,

Respondent,

-against-

Jason Johnson,Defendant-Appellant.

----------------------------------------x

Presiding Justice,

Justices.

M-6043Ind. No. 3278/05

Superceding Ind. No. 714/04

Defendant having moved for leave to prosecute, as a poor person,the appeal from the judgment of the Supreme Court, New York County,rendered on or about September 16, 2008 and from the judgment(s) ofresentence of said Court rendered on or about September 18, 2008 andSeptember 24, 2008, respectively, for leave to have the appeal heardon the original record and upon a reproduced appellant's brief, andfor related relief,



The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) two transcripts of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence and of resentence. The Clerk shall furnisha copy of such transcripts to appellant's counsel, without charge, thetranscripts to be returned to this Court when appellant's brief isfiled.

Steven Banks, Esq" 199 Water Street, 5th Floor, New York,New York 10038, Telephone No. (212)577-3688 is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

ENTER:




Respondent,

-against-

Marcus Johnson,Defendant-Appellant.

------- ----------------------------x

Presiding Justice,

Justices.

M-6044Ind. No. 1748/99

Defendant having moved for leave to prosecute, as a poor person,the appeal from a judgment of resentence of the Supreme Court,New York County, rendered on or about December 12, 2008, for leave tohave the appeal heard upon the original record and a reproducedappellant's brief, and for related relief,



The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) two transcripts of the stenographic minutes ofresentence. The Clerk shall furnish a copy of such transcripts toappellant's counsel, without charge, the transcripts to be returned tothis Court when appellant's brief is filed.

Robert S. Dean, Esq., Center for Appellate Litigation,74 Trinity Place, 11th Floor, New York, New York 10006,Telephone No. 212-577-2523, is assigned as counsel for defendantappellant for purposes of the appeal. The time within which appellantshall perfect this appeal is hereby enlarged until 120 days from thedate of filing of the record.

ENTER:




Respondent,

-against-

Martha Lugo,Defendant-Appellant.

----------------------------------------x

Presiding Justice,

Justices.

M-6045Ind. No. 1127/07

Defendant having moved for leave to prosecute, as a poor person,the appeal from the judgment of the Supreme Court, New York County,rendered on or about October 19, 2007, for leave to have the appealheard on the original record and upon a reproduced appellant's brief,and for related relief,




Steven Banks, Esq., 199 Water Street, 5th Floor, New York,New York 10038, Telephone No. (212)577-3688 is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

ENTER:




Respondent,

-against-

Ermal Qushja, also known as CharlesQushja,

Defendant-Appellant.------------------------------------ ---x

Presiding Justice,

Justices.

M-6046Ind. No. 4924/07

Defendant having moved for leave to prosecute, as a poor person,the appeal from the judgment of the Supreme Court, New York County,rendered on or about September 8, 2008, for leave to have the appealheard on the original record and upon a reproduced appellant's brief,and for related relief,




Richard M. Greenberg, Esq., Office of the Appellate Defender,11 Park Place, Room 1601, New York, New York 10007, Telephone No.(212)402-4100, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shall perfectthis appeal is hereby enlarged until 120 days from the date of filingof the record.

ENTER:




Respondent,

-against-

Anthony Sams,Defendant-Appellant.

----------------------------------------x

Presiding Justice,

Justices.

M-6047Ind. No. 151/00

Defendant having moved for leave to prosecute, as a poor person,the appeal from a judgment of resentence of the Supreme Court,New York County, rendered on or about October 31, 2008, for leave tohave the appeal heard upon the original record and a reproducedappellant's brief, and for related relief,




Steven Banks, Esq., 199 Water Street, 5th Floor, New York, NewYork 10038, Telephone No. 212-577-3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

ENTER:




Respondent,

-against-

Heath Strothers,Defendant-Appellant.

------------------------------------- --x

Presiding Justice,

Justices.

M-6048Ind. No. 1773/07

Defendant having moved for leave to prosecute, as a poor person,the appeal from the judgment of the Supreme Court, New York County,rendered on or about December 9, 2008, for leave to have the appealheard on the original record and upon a reproduced appellant's brief,and for related relief,





ENTER:




Respondent,

-against-

Jaime Velez,Defendant-Appellant.

----------------------------------------x

Presiding Justice,

Justices.

M-6049Ind. No. 160/04

Defendant having moved for leave to prosecute, as a poor person,the appeal from the judgment of resentence of the Supreme Court, NewYork County, rendered on or about November 13, 2008, for leave to havethe appeal heard on the original record and upon a reproducedappellant's brief, and for related relief,



The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) two transcripts of resentence. The Clerk shallfurnish a copy of such transcripts to appellant's counsel, withoutcharge, the transcripts to be returned to this Court when appellant'sbrief is filed.


ENTER:




Respondent,

-against-

Ivin Williams,Defendant-Appellant.

------------------------------------x

Presiding Justice,

Justices.

M-6050Ind. No. 2066/01

Defendant having moved for leave to prosecute, as a poorperson, the appeal from the judgment of resentence of the SupremeCourt, New York County, rendered on or about November 19, 2008,for leave to have the appeal heard on the original record and upona reproduced appellant's brief, and for related relief,




Robert S. Dean, Esq., Center for Appellate Litigation, 74 TrinityPlace, 11th Floor, New York, New York 10006, Telephone No. 212-5772523, is assigned as counsel for defendant-appellant for purposes ofthe appeal. The time within which appellant shall perfect this appealis hereby enlarged until 120 days from the date of filing of therecord.




Respondent,

-against-

Jason Brown,Defendant-Appellant.

-------------------------- -------------x

Presiding Justice,

Justices.

M-6042Ind. No. 4811/03

Defendant having moved for leave to prosecute, as a poorperson, the appeal from the amended judgment of the SupremeCourt, New York County, rendered on or about November 3, 2008,for leave to have the appeal heard on the original record andupon a reproduced appellant's brief, and for related relief,


It is ordered that the motion is denied, with leave to renewupon submission of a copy of the order/judgment of the SupremeCourt, entered/rendered on or about November 3, 2008, and anaffidavit of indigency in compliance with CPLR 1101(a).

ENTER:



-------------------------------------xThe People of the State of New York,

-against-

Eric Martin,

Defendant.---------------------------x

Presiding Justice,

Justices.

M-5884Case No. 45320Cj05

Defendant having moved for an enlargement of timein which to file a notice of appeal from the judgment of theSupreme Court, Bronx County, rendered on or about October 6,2006, for leave to prosecute the appeal as a poor person, onthe original record and upon a reproduced appellant's brief,and for related relief,

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon,

It is ordered that the motion is denied. (See CPL 460.30subd. 1)

ENTER:


PRESENT - Hon. Jonathan Lippman,Richard T. AndriasDavid FriedmanJohn T. BuckleyRolando T. Acosta,

---------------------------------------xThe People of the State of New York,

Respondent,

-against

Victor Pena,Defendant-Appellant.

----- ---------------------------------x

Presiding Justice,

Justices.

M-5955Ind. No. 3381/05

An appeal having been taken from the judgment of the SupremeCourt, New York County, rendered on or about April 6, 2006,

And an order of this Court having been entered onSeptember 30, 2008 (M-3910), inter alia, striking defendantappellant's appendix,

And respondent People having renewed the motion to strikethe appeal from the calendar and appendix, and for relatedrelief,


Ordered that the motion is granted and the appeal isstricken from the calendar with leave to defendant to re-perfectupon a proper appendix and submission of a complete ribbon copyof the transcript. Defendant-appellant is directed to re-perfectthe appeal to on or before March 23, 2009 for the June 2009 Term.

E N T E R:


Present - Hon. Jonathan Lippman,Richard T. AndriasDavid FriedmanJohn T. BuckleyRolando T. Acosta,

Presiding Justice,

Justices.

------------------------- -------------xDanica Plumbing & Heating, LLC, nowknown as Danica Group, LLC,

Plaintiff-Appellant,

-against-

3536 Cambridge Avenue, LLC, et al.,Defendants-Respondents.

------- ------------------x

M-5837Index No. 303947/07

An appeal having been taken to this Court from the order ofthe Supreme Court, Bronx County, entered on or about July 24,2008,

And Graeme Spicer, Esq., of Georgoulis & Associates, PLLC,counsel for defendant-respondent 3536 Cambridge Avenue, LLC,having moved for an order relieving counsel on the appeal,


It is ordered that the motion is granted on conditioncounsel serves a copy of this order upon all the parties within10 days of the date of entry hereof. The time in whichdefendant(s) may respond to the appeal is enlarged to March 4,2009 for the April 2009 Term, to which Term the appeal isadjourned.

ENTER:


PRESENT - Hon. Jonathan Lippman,David FriedmanLuis A. GonzalezRolando T. Acosta,

--------- - ----------------------------xBernadette Gotay,

Plaintiff-Respondent-Appellant,

against-

David Breitbart,Defendant-Respondent,

Michael Handwerker, et al.,Defendants-Appellants-Respondents,

Handwerker, Honschke, Marchelos& Gayner, et al.,

Defendants.------ ------------------------------- -x

Presiding Justice,

Justices.

M-5921M-5979

Index No. 102210/02

Defendant-appellant-respondent, Michael Handwerker, having movedfor leave to appeal to the Court of Appeals from the decision andorder of this Court entered on November 6, 2008 (Appeal Nos. 35453545A) [M-5921],

And defendants-appellants-respondents, Handwerker Honschke andMarchelos (partnership) and Steve Machelos, Esq. and Neil Honschke,Esq., having moved for the same relief [M-5979],

Now, upon reading and filing the papers with respect to themotions, and due deliberation having been had thereon,

It is ordered that the motions are granted, and this Court,pursuant to CPLR 5713, certifies that the following question of law,decisive of the correctness of its determination, has arisen, which inits opinion ought to be reviewed by the Court of Appeals:

"Was the order of this Court, which affirmed theorder of the Supreme Court, properly made?"

This Court further certifies that its determination was made as amatter of law and not in the exercise of discretion.

E N T E R:


PRESENT: Hon. Jonathan Lippman,Angela M. MazzarelliJohn W. Sweeny, Jr.Leland G. DeGrasseHelen E. Freedman,

-----------------------------------xThomas Molyneaux and MarielaMolyneaux,

Plaintiffs-Respondents,

-against-

The City of New York and P.O.James Gillick,

Defendants-Appellants.-x

Presiding Justice,

Justices.

M-5592M-5693

Index No. 23469/04

Defendants-appellants having moved for an orderenlarging the time in which to perfect the appeal from orders ofthe Supreme Court, Bronx County, entered on or about August 10,2007 and January 24, 2008, respectively (M-5592),

And, plaintiffs-respondents having cross-moved todismiss said appeals (M-5693),


It is ordered that the motion and cross-motion aregranted to the extent of enlarging the time in which to perfectthe appeals, which are, sua sponte, consolidated, to the June2009 Term. Appellants are permitted to prosecute the appealsupon ten copies of one record and one copy of appellants' pointscovering the aforesaid appeals. Upon failure to so perfect, anorder dismissing the appeals may be entered ex parte, providedrespondents serve a copy of this order upon the appellants withinten days after the date of entry hereof.

ENTER:


Present - Hon. Jonathan Lippman,David B. SaxeDavid FriedmanJohn W. Sweeny, Jr.Rolando T. Acosta,

----------------------------------------xMaurice Oparaji,


-against-

The New York Mortgage Company, LLC,Defendant-Respondent.

----------------------------------------x

Presiding Justice,

Justices.

M-5691Index No. 1180/06

Plaintiff-appellant having moved for reargument of thedecision and order of this Court entered on October 23, 2008(Appeal Nos. 4367, 4367A and 4367B),


It is ordered that the motion is denied.

E N T E R:


PRESENT - Hon. Jonathan Lippman,Angela M. MazzarelliJohn T. BuckleyDianne T. Renwick,

------------------------------------xKinder Morgan Energy Partners, L.P.,et al.,


-against-

Ace American Insurance Company,Defendant-Appellant.

---------------------------- -------x

Presiding Justice,

Justices.

M-5740Index No. 104217/07

Plaintiffs-respondents having moved for leave to appealto the Court of Appeals from the decision and order of this Courtentered on October 30, 2008 (Appeal No. 4444),

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon, it is

Ordered that the motion is denied.


PRESENT - Hon. Jonathan Lippman,Angela M. MazzarelliDavid FriedmanJohn W. Sweeny, Jr.Karla Moskowitz,


Respondent,

-against-

Derrick Hayward,Defendant-Appellant.

------------------------------- -------x

Presiding Justice,

Justices.

M-4599Ind. No. 2553/03

A decision and order of this Court having been entered onFebruary 5, 2008 (Appeal Nos. 2694-2694A), unanimously affirmingthe judgment of the Supreme Court, New York County (Lewis BartStone, J.), rendered on November 30, 2005,

And defendant-appellant having moved, in the nature of awrit of error coram nobis, for a review of his claim ofineffective assistance of appellate counsel, and for relatedrelief,


It is ordered that said application is denied.

E N T E R:


Present - Hon. Peter Tom,Luis A. Gonzalez,John T. BuckleyJohn W. Sweeny, Jr.James M. Catterson,


Respondent,

-against-

Edward Miller,Defendant-Appellant.

------------------------------------x

Justice Presiding,

Justices.

M-5690Ind. No. 6216/07

Defendant having moved for an enlargement of time in which tofile a notice of appeal from a judgment of the Supreme Court, New YorkCounty, rendered on or about September 15, 2008, for leave toprosecute the appeal as a poor person upon the original record and areproduced appellant's brief, and for related relief,


It is ordered that the motion is granted to the extent of deemingthe notice of appeal as timely filed and permitting the appeal to beheard on the original record, except that a certified copy of theindictment(s) shall be substituted in place of the originalindictment(s), and upon a reproduced appellant's brief, on conditionthat appellant serves one copy of such brief upon the DistrictAttorney of said county and files 10 reproduced copies of such brief,together with the original record, with this Court.


Steven Banks, Esq., 199 Water Street, 5th Floor, New York, NewYork 10038, Telephone No. 212-577-3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is here y enlarged until 120 daysfrom the date of filing of the record.

ENTER:


Present - Hon. Peter Tom,Luis A. GonzalezJohn T. BuckleyJohn W. Sweeny, Jr.James M. Catterson,


Respondent,

-against-

Joel Vasquez,Defendant-Appellant.

------------------------------ ----x

Justice Presiding,

Justices.

M-5688Ind. No. 635/07

Defendant having moved for an enlargement of time in which tofile a notice of appeal from a judgment of the Supreme Court, BronxCounty, rendered on or about July I, 2008, for leave to prosecute theappeal as a poor person upon the original record and a reproducedappellant's brief, and for related relief,


It is ordered that the motion is granted to the extent of deemingthe notice of appeal as timely filed and permitting the appeal to beheard on the original record, except that a certified copy of theindictment(s) shall be substituted in place of the originalindictment(s), and upon a reproduced appellant's brief, on conditionthat appellant serves one copy of such brief upon the DistrictAttorney of said county and files 10 reproduced copies of such brief,together with the original record, with this Court.


Steven Banks, Esq., 199 Water Street, 5th Floor, New York, NewYork 10038, Telephone No. 212-577-3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereb enlarged until 120 daysfrom the date of filing of the record.

ENTER:


Present: Hon. Peter Tom,Angela M. MazzarelliLuis A. GonzalezEugene NardelliDianne T. Renwick,


Respondent,

-against-

Tracy Foster,Defendant-Appellant.

--------------------------------------x

Justice Presiding,

Justices.

M-5954Ind. No. 2431/08

Defendant having moved for an enlargement of time in whichto file a notice of appeal from the judgment of the Supreme Court,New York County, rendered on or about October 21, 2008, and for leaveto prosecute the appeal as a poor person on the original record andupon a reproduced appellant's brief, and for assignment of counsel,


It is ordered that the motion is granted to the extent ofdeeming the notice of appeal timely filed, and permitting the appealto be heard on the original record, except that a certified copyof the indictment(s) shall be substituted in place of the originalindictment(s), and upon a reproduced appellant's brief, on conditionthat appellant serves one copy of such brief upon the DistrictAttorney of said county and files 10 reproduced copies of such brief,together with the original record, with this Court.


Richard M. Greenberg, Esq., Office of the Appellate Defender,11 Park Place, Room 1601, New York, New York 10007, Telephone No.212-402-4100, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shallperfect this appeal is hereby enlarged until 120 days from the dateof filing of the record.

ENTER:


Present - Hon. Peter Tom rLuis A. GonzalezJohn T. BuckleyJohn W. SweenYr Jr.James M. Catterson r

Justice Presiding,

Justices.

---------------------------------------xThe People of the State of New York,

Respondent,

-against-

Luis Camacho, also known as LuisCamacho Grueso, also known asLuis Grueso Camacho,

Defendant-Appellant.----------- ---------------------------x

M-5703M-5967

Ind. No. 9665/94

Defendant having moved for an extension of time to file anotice of appeal from the judgment of resentence of the SupremeCourt, New York County, rendered on or about June 10, 2008 r andfor leave to prosecute the appeal as a poor person, for leave tohave the appeal heard upon the original record and upon areproduced appellant's brief, and for related relief,

And respondent having cross-moved for dismissal of theaforesaid appeal,

Now, upon reading and filing the papers with respect to themotion and cross motion r and due deliberation having been hadthereon,

It is ordered that the cross motion to dismiss the appeal isdenied, without prejudice to addressing the issued on the appeal,and it is further,

Ordered that the motion is granted, the notice of appealdeemed timely filed, and the appeal is permitted to be heard uponthe original record and upon a reproduced appellant's brief, on

(M-5703/M-5967) -2- January 20, 2009

condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files 10 reproduced copiesof such brief, together with the original record, with thisCourt.

The court reporter shall promptly make and file with thecriminal court (CPL §460.70) two transcripts of the stenographicminutes of resentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, thetranscripts to be returned to this Court when appellant's briefis filed.

Steven Banks, Esq., 199 Water Street, 5th Floor, New York,New York 10038, Telephone No. 212 577-3688, is assigned ascounsel for defendant-appellant for purposes of the appeal. Thetime within which appellant shall perfect this appeal is herebyenlarged until 120 days from the date of filing of the record.

ENTER:



Justice Presiding,

Justices.

---------------------------------------x

The People of the State of New York,

Respondent,

-against-

Timothy Williams,

Defendant-Appellant.

---------------------------------------x

M-5767Ind. No. 2904/07

Defendant having moved for leave to prosecute, as a poorperson, the appeal from the judgment of the Supreme Court, NewYork County, rendered on or about October 29, 2008, for leave tohave the appeal heard on the original record and upon areproduced appellant's brief, and for related relief,


It is ordered that the motion is denied, with leave to renewupon defendant's submission of a detailed notarized affidavit,pursuant to CPLR 1101(a), setting forth the amount and sources offunds to post the $5,000 bail in the Supreme Court, thedisposition thereof, and an explanation as to why similar fundsare not available to prosecute the appeal. (The applicationshall include an affidavit of the source[s] of all funds utilizedby defendant.)

ENTER:




Respondent,

-against-

Kevin S.,Defendant-Appellant.

---- ----- - -- --- ------------------x

Justice Presiding,

Justices.

SEALEDM-5947

Ind. No. 2775/08

Defendant having moved for an enlargement of time in which tofile a notice of appeal from the judgment of the Supreme Court,New York County, rendered on or about October 22, 2008, for leaveto prosecute the appeal as a poor person, on the original recordand upon a reproduced appellant's brief, and for related relief,


It is ordered that the motion is granted only to the extentof deeming the notice of appeal timely filed.

The motion, to the extent that it seeks poor person relief,is denied, with leave to renew upon defendant's submission ofa notarized affidavit, pursuant to CPLR 1101(a), including theamount and sources of his income and listing his property withits value.

ENTER:




-against-

Dave O. Hewitt, also known asDavid Hewitt,

Defendant.--------------------------- ----------x

Justice Presiding,

Justices.

M-5948Ind. No. 8135/86

Defendant having moved for an enlargement of time inwhich to file a notice of appeal from the judgment of the Supreme _Court, New York County, rendered on or about April 17, 1987, forleave to prosecute the appeal as a poor person, on the originalrecord and upon a reproduced appellant's brief, and for relatedrelief,


Subd. 1)It is ordered that the motion is denied. (CPL 460.30

ENTER:



----------------------------------------xIn the Matter of the Application of

Terrence Boddie,Petitioner-Appellant,

For a Judgment, etc.,

-against-

New York City Housing Authority,Application and Tenancy AdministrationDepartment,

Respondent-Respondent.----------------------------------x

Justice Presiding,

Justices.

M-5867

Index No.401320j08

Petitioner-appellant having moved for leave to prosecute,as a poor person, the appeal from the order of the Supreme Court,New York County, entered on or about October 15, 2008, for leave tohave the appeal heard upon the original record and upon a reproducedappellant's brief, for the assignment of counsel, and for relatedrelief,


It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard upon the original record and upona reproduced appellant's brief, on condition that appellant servesone copy of such brief upon the attorney for respondent and files10 copies of such brief, together with the original record, withthis Court. Appellant is permitted to dispense with payment of therequired fee for the subpoena and filing of the record. The Clerkof the Supreme Court, New York County, is directed to have transcribedthe minutes of the proceedings held therein, for inclusion in therecord on appeal, the cost thereof to be charged against the City ofNew York from funds available therefor. So much of the motion whichseeks the assignment of counsel is denied. The time in which toperfect the appeal is enlarged until 120 days from the filing of therecord.

ENTER:



-------------------------------------xNicoletti Gonson Spinner & Owen LLP(formerly known as Nicoletti Gonson& Spinner LLP) ,

Plaintiff-Respondent,

-against-

Justice Presiding,

Justices.

Index No. 604180/06

York Claims Service, Inc.,Defendant-Appellant. M-6015

York Claims Service, Inc.,Third-Party Plaintiff-Appellant,

-against-Index No. 590030/07

Colonial Cooperative InsuranceCompany and Stephen Muehlbauer,

Third-Party Defendants-Respondents.-------- -------------------------------x

Separate appeals having been taken to this Court from the orderof the Supreme Court, New York County, entered on or about October 18,2007, the judgment entered thereon on or about February 26, 2008, andthe order of said Court entered on or about July 31, 2008,respectively,

And Richard C. Reilly, Esq., Gleason, Dunn, Walsh & O'Shea,having moved to withdraw as counsel for third-party defendantsrespondents Colonial Cooperative Insurance Company and StephenMuehlbauer, and for related relief,


Ordered that the motion to withdraw as counsel is grantedon condition that counsel serves a copy of this order on all partieswithin 10 days of the date of entry hereof. Sua sponte, the appealis adjourned to the May 2009 Term.

ENTER:



---------------------------------------xThe Commissioners of the StateInsurance Fund,


-against-

Manuel Ramos and J.M.R. Concrete Corp.,Defendants-Appellants,

Lenny Pereira,Defendant,

-and-

J.M.R. Concrete of Long Island Corp.,Judgment/Debtor.----------------------------------x

Justice Presiding,

Justices.

M-5776M-5827

Index No. 402464/05

Defendants-appellants having moved for an enlargement of time inwhich to perfect the appeals from orders of the Supreme Court, NewYork County, entered on or about January 22, 2008 (mot. seq. no. 004)and July 7, 2008 (mot. seq. no. 005), respectively,

And plaintiff respondent having cross-moved for dismissal of theaforesaid appeals for failure to timely prosecute,

Now, upon reading and filing the papers with respect to themotion and cross motion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeals, which are sua sponteconsolidated upon 10 copies of one record and one set of appellantspoints covering the appeals, to the May 2009 Term. The cross motionis granted and the appeal(s) are dismissed unless defendantsappellants perfect for said May 2009 Term. Upon failure to soperfect, an order dismissing the consolidated appeals may be enteredex parte, provided respondent serves a copy of this order uponappellant(s) within 10 days after the date of entry hereof.

ENTER:


PRESENT - Hon. Peter Tom,Luis A. GonzalezJohn T. BuckleyJohn W. Sweeny, Jr.James M. Catterson,

- --------------------------- ----xAllstate Insurance Company, et al.,

Plaintiffs-Appellants,

-against-

Belt Parkway Imaging, P.C., et al.,Defendants-Respondents,

United States of America,Defendant-Intervenor.

------ ----------------------------x

Justice Presiding,

Justices.

M-5833Index No. 600509/03

Plaintiffs-appellants having moved for an enlargement oftime in which to perfect the appeal taken from a counter-orderof the Supreme Court, New York County, entered on or aboutJanuary 18, 2007 (mot. seq. nos. 007 and 009),


Ordered that the motion is granted to the extent ofenlarging appellants' time in which to perfect the appeal to theMay 2009 Term, with no further enlargements to be granted.

E N T E R:



-----------------------------------xVernon B. Coles, et al.,


-against-

Michael Rush,Defendant-Appellant,

Ricardo John, etc., et al.,Defendants.

-------- -------------------------x

Justice Presiding,

Justices.

M-5863Index No. 150104/07

Defendant-appellant having moved for an enlargementof time in which to perfect the appeal from the order of theSupreme Court, New York County, entered on or about March 4,2008,


It is ordered that the motion is granted to the extentof enlarging the time in which to perfect the appeal to theMay 2009 Term.

ENTER:



-----------------------------------xIn the Matter of

Jasmine Pauline M.,

A Dependent Child Under 18 Yearsof Age Pursuant to §384-b of theSocial Services Law of the Stateof New York.

Jewish Child Care Association ofNew York, et al.,

Petitioners-Respondents,

Encarnacion N.S.,Respondent-Appellant.

Steven Banks, Esq.,Law Guardian for the Child.---------- -- - ---- - ----------x

Justice Presiding,

Justices.

M-5877Docket No. B5360/06

Respondent-appellant having moved for an enlargement oftime in which to perfect the appeal from the order of the FamilyCourt, New York County, entered on or about March 14, 2008,


It is ordered that the motion is granted to the extentof enlarging the time in which to perfect the appeal to on orbefore February 23, 2009 for the May 2009 Term.

ENTER:



------------------ -------------xHotel 71 Mezz Lender LLC,


-against-

Robert D. Falor, et al.,Defendants,

GUy T. Mitchell,Defendant-Appellant.

------- -------------------------x

Justice Presiding,

Justices.

SEALEDM-5915

Index No. 601175/07

Defendant-appellant having moved for an enlargementof time in which to perfect the appeal from the order of theSupreme Court, New York County, entered on or about February 13,2008 (mot. seq. no. 002),



ENTER:

\

At a Term of the Appellate Division of the SupremeCourt held in and for the rst Judicial Department inthe County of New York on January 20, 2009.


-----------------------------------xSirius America Insurance Company,et al.,


-against-

Burlington Insurance Company,Defendant-Appellant,

K.J.S. Construction Inc., et al.,Defendants.

--- -------------------------------x

Justice Presiding,

Justices.

M-6034Index No. 600785/04

Defendant-appellant having moved for an enlargement oftime in which to perfect the appeal from the order and judgment(one paper) of the Supreme Court, New York County, entered on orabout March 18, 2008,



ENTER:



-----------------------------------xWilliam Simmons, an incompetentadult, by his spouse and de factoguardian, Linda Dufresne-Simmons,


-against-

New York City Health and HospitalsCorporation, doing business asNorth Central Bronx Hospital,

Defendant-Appellant.------- ---------------------------x

Justice Presiding,

Justices.

M-5659Index No. 22045/06

Defendant-appellant having moved for an enlargementof time in which to perfect the appeal from the order of theSupreme Court, Bronx County, entered on or about February 26,2008,


It is ordered that the motion is granted to the extentof enlarging the time in which to perfect the appeal to theSeptember 2009 Term.

ENTER:



------------------------------------xIn the Matter of

Joel Q.,

A Person Alleged to be aJuvenile Delinquent,

Respondent-Appellant.------------------------------------x

Justice Presiding,

Justices.

M-5882Docket No. D20501j08

Respondent-appellant having moved for leave to appeal tothis Court from the order of the Family Court, Bronx County,entered on or about December 9, 2008, and for a stay of saidorder, pending hearing and determination of the appeal,

Now, upon reading and filing the papers with respect tothe motion, and the correspondence from Claire V. Merkine, Esq.,The Legal Aid Society, dated December 29, 2008, counsel forrespondent-appellant, and due deliberation having been hadthereon,

It is ordered that the motion is deemed withdrawn inaccordance with the aforesaid correspondence.

ENTER:



----------xOzzie B. Campbell,


-against-

William S. Rodriguez, et al.,

Defendants-Respondents.------------- ------- ------------x

Justice Presiding,

Justices.

M-5935Index No. 13360/06

Defendants-respondents having moved for dismissal of theappeal taken from the order of the Supreme Court, Bronx County,entered on or about October 3, 2008,



ENTER:



---------------------------------xIn the Matter of

Woodrow Flemming,Petitioner-Appellant,

For a Judgment, etc.,

-against-

Frank Rizzo, Howard Songeson,and Hon. James Yates,

Respondents-Respondents.-------- -----------------------x

Justice Presiding,

Justices.

M-5869Index No. 404929/06

An appeal having been taken to this Court from theorder of the Supreme Court, New York County, entered on orabout September 6, 2007,

And petitioner having moved for an order compellingthe production of certain transcripts of the Criminal Courtproceedings against petitioner at no charge to him,

Now, upon reading and filing the papers with respectto the motion, and due deliberation having been had thereon,it is

Ordered that the motion is denied.

ENTER:


Present - Hon. Angela M. Mazzarelli,David B. SaxeDavid FriedmanRolando T. AcostaLeland G. DeGrasse,

-------------------- -----------------xThe People of the State of New York,

Respondent,

-against

Juan Pinero-Baez,

Defendant-Appellant.---- - ------------ ------------ -----x

Justice Presiding,

Justices.

M-5621Ind. No. 83/08

Defendant having moved for an enlargement of time inwhich to file a notice of appeal from the judgment of the SupremeCourt, New York County, rendered on or about July 16, 2008,


It is ordered that the motion is granted to the extentof deeming the moving papers a timely filed notice of appeal.

ENTER:


Present - Hon. Angela M. Mazzarelli,Luis A. GonzalezJames M. CattersonJames M. McGuireRolando T. Acosta,

Justice Presiding,

Justices.

---------------------------------------xIn the Matter of the Application forthe Guardianship and Custody of

Amani Dominique H., andCharlie Alexis H.,

Children Under the Age of 18 YearsPursuant to §384-b of the SocialServices Law of the State of New York.

Cardinal McCloskey Services, et al.,Petitioners-Respondents,

Andre H.,Respondent-Appellant.

Steven Banks, Esq., The Legal AidSociety, Juvenile Rights Division,

Law Guardian for the Children.---------- ----------------------------x

M-5513Docket Nos. B13972-3/05

Respondent-appellant having moved for leave toprosecute, as a poor person, the appeal from an order of theFamily Court, Bronx County, entered on or about October 15, 2008,and for assignment of counsel, a free copy of the transcript, andfor related relief,

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon, it is

Ordered that the motion is granted to the extent of(1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, John Marafino, Esq., 9 WestProspect Avenue, Suite 409, Mount Vernon, New York 10550,Telephone No. 914-663-1500, as counsel for purposes of

(M-5513) -2- January 20, 2009

prosecuting the appeal; (2) directing the Clerk of said FamilyCourt to have transcribed the minutes of the proceedings heldtherein, for inclusion in the record on appeal, the cost thereofto be charged against the State of New York from funds availabletherefor1 within 60 days of service of a copy of this order uponthe Clerk; (3) permitting appellant to dispense with any fee fortransferring the record from the Family Court to this Court; and(4) enlarging the time to perfect this appeal until 120 days fromthe date of filing of the record. Assigned counsel is directedto immediately subpoena the record from the Family Court and toserve a copy of this order upon the Clerk of the Family Court.

ENTER:

lService of appellant's brief upon respondent(s) shall includeassigned counsel's copy of the transcript.


Present: Hon. Angela M. Mazzarelli,David FriedmanJohn T. BuckleyRolando T. Acosta,

-----------------------------------xDragon Investment Company II LLC,et al.,

Plaintiffs-Appellants,

-against-

William S. Shanahan, et al.,

Defendants-Respondents.-x

Justice Presiding,

Justices.

M-5706Index No. 602868/05

Plaintiffs-appellants having moved for an enlargementof time in which to perfect the appeal from the order of theSupreme Court, New York County, entered on or about November 9,2007 (mot. seq. no. 003),


It is ordered that the motion is granted to the extent ofenlarging the time in which to perfect the appeal to the May 2009Term.

ENTER:


Present: Hon. Angela M. Mazzarelli,John T. BuckleyRolando T. AcostaDianne T. RenwickLeland G. DeGrasse,

-------------------------------------xThe People of the State of New York,

Respondent,

-against-

Jackson Jordan,Defendant-Appellant.

-------------------------------------x

Justice Presiding,

Justices.

M-5865Ind. No. 5116/07

An appeal having been taken to this Court by defendantfrom the judgment of the Supreme Court, New York County, renderedon or about June 2, 2008,

And defendant having renewed his motion for leave toprosecute said appeal as a poor person, for the assignment ofcounsel, and for related relief,

Now upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon,

It is ordered that the motion is denied with leaveto renew upon submission by defendant of a notarized affidavitin compliance with CPLR 1101 (a) and this Court's order ofSeptember 18, 2008 (M-3714), explaining whether defendant'sfather has a source of funds to prosecute this appeal similar tothose funds used to pay $7,500 trial counsel, George Vomvolakis,Esq., and to post $10,000 bail. Additionally, trial counsel isdirected to explain why the ambiguity of his retainer statementshould not be reasonably interpreted to as to encompass hisrepresentation of defendant in this appeal at no additional fee.

Enter:


Present - Hon. Angela M. Mazzarelli,David B. SaxeLuis A. GonzalezJohn T. BuckleyRolando T. Acosta,

---------------------------------------xIn re Daniel Peckham,

Petitioner-Respondent/Appellant,

-against-

Judith A. Calogero, as Commissioner ofthe State of New York Division ofHousing and Community Renewal, et al.,

Respondents-Respondents,

Chelsea Partners, LLC (Landlord),Respondent-Appellant/Respondent.

327-329 West 22 nd Street, LLC,Redding Properties, Inc.,Idlewild 94-100 Clark, LLC,Idlewild 182 State St., LLC,Idlewild 186 State St., LLC,Idlewild 188 State St., LLC, andIdlewild 217 St. Johns, LLC,

Amici Curiae.------------------------------- -------x

Justice Presiding,

Justices.

M-4885Index No. 113788/06

A decision and order of this Court having been enteredon June 26, 2008 (Appeal No. 3004), reversing the order andjudgment (one paper) of the Supreme Court, New York County(Paul G. Feinman, J.), entered on July 12, 2007,

And petitioner having filed a notice of appeal datedJuly 30, 2008 to the Court of Appeals from the aforesaiddecision and order of this Court,

And an order of this Court having been entered onSeptember 25, 2008 (M-3991), granting petitioner a conditionalstay of eviction proceedings pending hearing and determinationof the appeal to the Court of Appeals from the aforesaid decisionand order of this Court,

(M-4885) -2- January 20, 2009

And respondent Chelsea Partners, LLC, having moved,pursuant to CPLR 5519(c), for vacatur of the stay of evictionproceedings,



ENTER:


Present - Hon. Richard T. Andrias,Eugene NardelliKarla MoskowitzDianne T. RenwickHelen E. Freedman,

-----------------------------------xMiliha Ferluckaj,


-against-

Goldman Sachs & Co.,Defendant,

-and-

Henegan Construction Co., Inc.,Defendant-Respondent.

[And a third-party action]-----------------------------------x

Justice Presiding,

Justices.

M-5715Index No. 120760/02

Plaintiff-appellant having moved for an enlargementof time in which to perfect the appeal from the order of theSupreme Court, New York County, entered on or about February 21,2008 (mot. seq. no. 005),


It is ordered that the motion is granted to the extent ofenlarging the time in which to perfect the appeal to the May 2009Term.

ENTER:


Present - Hon. Richard T. Andrias,David B. SaxeLuis A. GonzalezJames M. CattersonRolando T. Acosta,

--------------xHerbert Aponte,

Plaintiff,

-against-

Atlantic Express, Co.,Defendant.

------------------------------x

Justice Presiding,

Justices.

M-5698Index No. 403963/05

An appeal having been taken to this Court from the order ofthe Supreme Court, New York County, entered on or about April 7,2007,

And an order of this Court having been entered on June 14,2007 (M-2413), deeming the moving papers a timely filed notice ofappeal and denying poor person relief with leave to renew, asindicated,

And an order of this Court having been entered on November20, 2008 (M-4874), inter alia, sua sponte dismissing the appeal,

And plaintiff having moved for vacatur of the order of thisCourt entered on November 20, 2008 (M-4874), and for relatedrelief,



ENTER:


PRESENT - Hon. David B. Saxe,David FriedmanEugene NardelliJohn W. Sweeny, Jr.Leland G. DeGrasse,

---------------------------------------xClarissa Alexander,


-against-

The Sisters of Charity of St. VincentDe Paul of New York, also known asThe Sisters of Charity of St. VincentDe Paul,

Defendant,

The College of Mount Saint Vincent,Defendant-Appellant.

-----------------------------------x

Justice Presiding,

Justices.

M 43Index No. 8215/06

Defendant-appellant having moved for a stay of trial pendinghearing and determination of the appeal taken from the order ofthe Supreme Court, Bronx County, entered on or about May 20,2008, and said appeal having been heard in this Court onJanuary 13, 2009 (Appeal No. 5134),


Ordered that the motion is granted.

SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : FIRST DEPARTMENT

BEFORE: Hon. Richard T. Andrias,Associate Justice


M-5509Ind. No. 6406/02

-against-

loan Ciochenda,

Defendant.---------------------------------------x

CERTIFICATEDENYING LEAVE

I, Richard T. Andrias, a Justice of the Appellate Division,

First Judicial Department, do hereby certify that, upon

application timely made by the above-named defendant for a

certificate pursuant to Criminal Procedure Law Section 460.15,

and upon the record and proceedings herein, there is no question

of law or fact presented which ought to be reviewed by the

Appellate Division, First Judicial Department, and permission to

appeal from the Order of the Supreme Court, New York County,

(Edward J. McLaughlin, J.), entered on or about September 8,

2008, which denied defendant's motion pursuant to CPL 440.10, is

hereby denied.

Dated: New York, New YorkJanuary 14, 2009

E~lE~E~JAN 202009

....

SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION FIRST JUDICIAL DEPARTMENT

BEFORE: Hon. DAVID FRIEDMANJustice of the Appellate Division

-------------------------------------------xThe People of the State of New York,

Respondent,

-against-

John C. Kelly,Defendant-Appellant.

-------------------------------------------x

M-5999Ind. No. 2207/07

CERTIFICATEGRANTING LEAVE

I, DAVID FRIEDMAN, a Justice of the Appellate Division,First Judicial Department, do hereby certify that in theproceedings herein questions of law or fact are involved whichought to be reviewed by the Appellate Division, First JudicialDepartment, and, pursuant to Section 460.15 of the CriminalProcedure Law, permission is hereby granted to the above-nameddefendant to appeal to the Appellate Division, First JudicialDepartment, from the Order of the Supreme Court, New York County,entered on or about December 8, 2008. 1


~~V~~~~JAN 20 2009

Jfl~c/ ~~DAVID FRIEDMANJustice of the Appellate Division

NOTICE: Within 15 days from the date hereon, an appeal must betaken, and this certificate must be filed with the notice ofappeal. An appeal is taken by filing, in the Clerk's office ofthe criminal court in which the order sought to be appealed wasrendered, a written notice in duplicate that appellant appeals tothe Appellate Division, First Judicial Department (Section460.10, subd. 4, CPL), together with proof that another copy ofthe notice of appeal has been served upon opposing counsel. Theappeal (or consolidated appeals; see footnote) must be arguedwithin 120 days from the date of the notice of appeal, unless thetime to perfect the appeal(s) is enlarged by the court or ajustice thereof.

lIn the event defendant has an existing (direct) appeal froma judgment, such appeal shall be consolidated with the appealfrom the aforesaid order; and any poor person relief granted withrespect to the appeal from the judgment shall be extended tocover the appeals so consolidated.



------------------------------------------xThe People of the State of New York,

M-3907Ind. No. 688/04

-against-

Davon Knight,Defendant.

------------------------------------------x


I, DAVID FRIEDMAN, a Justice of the Appellate Division,



certificate pursuant to Criminal Procedure Law, section 460.15,




appeal from the Order of the Supreme Court, Bronx County, entered

on or about February 27, 2008, as corrected by the Order of the

same Court, entered on or about August 13, 2008, is hereby

denied.


JAN 20 2009

dAVI D FRIEDMAr<JJustice of the Appellate Division

SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION FIRST DEPARTMENT



-against-

Mande Wilson,Defendant.

--------------------- --------------------x

M-4047Ind. No. 6963/04









appeal from the order of the Supreme Court, New York County,

entered on or about April 23, 2008, is hereby denied. To the

extent that defendant seeks poor person relief and assignment of

counsel, that motion is hereby denied as academic.


JAN 20 2009

ll/~t-~DAVID FRIEDMANJustice of the Appellate Division




M-4240Ind. No. 10087/94

-against-

Augustin Morales a/k/a Martin Garcia,Defendant.

------------------------------------------x










entered on or about July 17, 2008, is hereby denied.


JAN 20 200S

jJ~~~~-----

DAVID FRIEDMANJustice of the Appellate Division

\,




M-4335Ind. No. 1966/99

-against-

Melis-Piadoso Ciriaco,Defendant.

------------------------------------------x










entered on or about July 16, 2008, is hereby denied.


JAN 20·2009

-tL~~~~~t.M:::::::::::::::::=:.-_--DAVID FRIEDMANJustice of the Appellate Division


BEFORE: Hon. David FriedmanJustice of the Appellate Division


M-4336Ind. Nos. 6414/03& 3459/04

-against-

Patrick Kelly,Defendant.

------------------------------------------x


UPON RENEWAL REARGUMENT

I, David Friedman, a Justice of the Appellate Division,


application made by the above-named defendant for renewal and

reargument of this Court's order entered August 26, 2008, which

denied his motion for a certificate pursuant to Criminal

Procedure Law, section 460.15, and upon the record and

proceedings herein, and there being no question of law or fact

presented which ought to be reviewed, permission to appeal from

the order of the Supreme Court, New York County, entered on or

about March 5, 2008, is hereby denied.


Justice of the Appellate Division

JAN 20 2009

SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION FIRST JUDICIAL DEPARTMENT

BEFORE: Hon. James M. CattersonJustice of the Appellate Division


M-5528Ind. No. 6633/04

-against-

Miguel Andrade,

Defendant.------------------------------------------x

CERTIFICATEDENYINGRECONSIDERATION

I, James M. Catterson, a Justice of the Appellate Division,


application made by the above-named defendant for reargument of

the denial of an application for a certificate pursuant to

Criminal Procedure Law, sections 450.15 and 460.15, and upon the

record and proceedings herein, and there being no question of law

or fact overlooked, defendant's application for reargument of the

denial of his application for permission to appeal from the order

of the Supreme Court, New York County, entered on or about March

3, 2008, is hereby denied.

Dated: January 12, ~OO,

New York, New York

ENTERED: JAN 20 2009

SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : FIRST JUDICIAL DEPARTMENT

BEFORE: Hon. Rolando T. AcostaJustice of the Appellate Division


M - 5818Ind. No. 4868/92

-against-

Myron Dukes,

Defendant.------------------------------------------x


I, Rolando T. Acosta, a Justice of the Appellate Division,



certificate pursuant to Criminal Procedure Law, sections 450.15

and 460.15, and upon the record and proceedings herein, there is

no question of law or fact presented which ought to be reviewed

by the Appellate Division, First Judicial Department, and

permission to appeal from the order of the Supreme Court, New

York entered on or about November 5, 2008 is hereby denied.

£~-r(JHon.~osta'Associate Justice

Dated: January 14, 10~~

New York, New York


SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION: FIRST JUDICIAL DEPARTMENT

BEFORE: Hon. Dianne T. RenwickJustice of the Appellate Division


M- 5620Ind. No. 5659/ 05

-against-

Terrence Campbell,

Defendant.------------------------------------------x


I, Dianne T. Renwick, a Justice of the Appellate Division,






by the Appellate Division, First Judicial Department, because the

law of the State of New York does not authorize appeals from

interlocutory rulings in criminal cases, and thus defendant is

precluded from obtaining the review he seeks at the present

procedural posture of the case. Accordingly, permission to appeal

from the order of the Supreme Court, New Yo County, entered on

or about September 30,

Dated: JAN 1 & 2009New York, New York


Hon. Dianne T. RenwickAssociate Justice




M- 5623Ind. No. 1165/07

-against-

Felix Hernandez,

Defendant.------------------------------------------x













from the order of the Supreme Court,

or about October 29, 2008, is

Dated: JAN 1'5 2009New York, New York

entered on






M- 5641Ind. No. 5059/84

-against-

Anthony Petersen,

Defendant.------------------------------------------x













from the order of the Supreme Court,

or about October 17, 2008, is

County, entered on

Dated: JAN 15 2009New York, New York




BEFORE: Hon. Leland G. DeGrasseJustice of the Appellate Division

---------------------------------------xPat Bland,

Petitioner-Respondent

-against-

New York City Housing Authority,

Respondent-Appellant---------------------------------------x

M-5382M-5593

Index No. 402384/07

CERTIFICATEGRANTING LEAVE

Respondent New York City Housing Authority having moved

pursuant to CPLR 5701(c) for leave to appeal from the order of

the Supreme Court, New York County, entered on or about October

23, 2008 [M-5382], and

Petitioner Pat Bland having cross moved pursuant to CPLR

5701(c) for leave to appeal from the same order [M-5593],

Now, upon reading and filing the papers with respect to the

motions, and due deliberation having been had thereon,

It is ordered that motion and cross-motion are granted.

1Uh ~.fk,Hon. Leland G. DeGrasseAssociate Justice

Dated: J~\n\I' J~, 2009New York, New York

~OOl~~~~ JAN 202009

x in the matter of · present: hon. jonathan lippman, peter tom angela m. mazzarelli richard t....

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