Appellate Division: Second Judicial Department
M33158
S/nal
|
2005-03444
Maria Aparicio, appellant, v John Fazio, appellant. (Index No. 3496/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated February 17, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 4, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33188
L/
|
2005-05567
Auto Connection, Inc., respondent, v 1020 Brooklyn Avenue Realty Corp., appellant. (Index No. 14449/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 13, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33208
D/nal
|
2005-01386
Evadine Bailey, etc., et al., appellants, v Brookdale University Hospital & Medical Center, etc., et al., respondents (and a third-party action). (Index No. 41620/00)
| 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, Kings County, dated January 7, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 9, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33072
Y/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-10348 Kenneth Bengard, appellant, v Theresa Bengard, respondent. (Index No. 6035/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - June 2005 Calendar", dated July 5, 2005, as dismissed an appeal from a judgment of the Supreme Court, Richmond County, dated October 14, 2004, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33123
S/nal
|
2005-04238
Jose Luis Berrios, respondent, v TEG Management Corp., appellant, et al., defendant.
(Index No. 28210/01)
| 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, Queens County, dated March 18, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 9, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33186
S/sl
BARRY A. COZIER, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-05730 Board of Education of Mamaroneck Union Free School District, appellant, v Attorney General of the State of New York, etc., respondent. (Matter No. 1)
(Index No. 9681/04) In the Matter of Richard Cantor, respondent, v Mamaroneck Union Free School District, et al., appellants. (Matter No. 2) (Index No. 10481/04)
| DECISION & ORDER ON MOTION |
Motions by Larchmont Historical Society, American Legion Post 90, Mamaroneck Historical Society, Veterans of Foreign Wars, and American Legion Post 347 (Larchmont), for leave to serve and file amicus curiae briefs on an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated April 25, 2005.
Upon the papers filed in support of the motions and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motions are granted to the extent that the movants are granted leave to serve and file a joint amicus curiae brief; the amicus curiae brief must be served on the parties, and nine copies filed in this court on or before December 12, 2005, and the motions are otherwise denied; and it is further,
ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief within 10 days after service upon them of the amicus curiae brief.
COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33175
L/
|
2005-09526
Vera Brenner, respondent, v Chana Kranz, et al., appellants. (Index No. 12528/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 14, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33200
D/nal
|
2004-07859, 2004-07860 Thomas Burke, appellant, v Patricia Burke, respondent. (Index No. 202392/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from an amended order of the Supreme Court, Nassau County, entered July 13, 2004, and a judgment of the same court dated August 9, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 6, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33012
A/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-06399 Alice P. Carney, appellant, v South Hills Land, LLC, et al., defendants-respondents, Lavipour & Company, LLC, etc., defendant third-party plaintiff-respondent; Hudson Valley Pavement, Inc., third-party defendant- respondent. (Index No. 2964/03)
| DECISION & ORDER ON MOTION |
Separate motions by the defendants-respondents and the third-party defendant-respondent to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated May 18, 2005, on the ground that it was not timely taken. Cross application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motions and the cross application and the papers filed in opposition or relation thereto, it is
ORDERED that the cross application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motions are denied as academic.
COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33119
S/nal
|
2005-05555
Commerce and Industry Insurance Co., appellant, v American Motorists Insurance Company, et al., respondents. (Index No. 003547/96)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated April 15, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 30, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33157
L/
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIO GOLDSTEIN
PETE B. SKELOS, JJ.
|
2004-04311 Michael Conk, respondent, v N&L Taxi Corp., et al., appellants. (Index No. 9024/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated April 6, 2004.
Upon the stipulation of the attorneys for the respective parties, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33073
A/sl
STEPHEN G. CRANE, J.P.
DANIEL F. LUCIANO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2005-07809 Antoinette Crimmins, appellant, v Sagona Landscaping, Ltd., respondent, et al., defendants.
(Index No. 11906/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Richmond County, dated July 19, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appeal shall be calendared when it is fully perfected.
CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33173
L/
|
2005-07904
Stephanie Davis, plaintiff-respondent, v Gary Logan Bowman, et al., third-party plaintiffs-appellants; Jerry Davis, third-party defendant-respondent. (Index No. 7300/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 16, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33149
S/nal
|
2005-10116
Gitel Fischer, plaintiff-respondent, v Sadov Realty Corporation, et al., appellants, Independence Community Bank, defendant-respondent. (Index No. 11448/04)
| 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 April 21, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 9, 2005, and the record or appendix on the appeal and the appellants' brief must be filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33196
D/nal
|
2005-08140 Howard Frank, et al., plaintiffs-respondents, v Mazs Group, LLC, defendant-respondent, Lawrence H. Pinner d/b/a Pinner Associates, appellant. (Index No. 23247/04)
| ORDER ON APPLICATION |
Application by the plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated July 11, 2005.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until January 5, 2006, and the movants' brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until January 20, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33154
S/nal
|
2004-09793
George Garrison, et al., appellants, v All Phase Structure Corp., respondent. (Index No. 0758/02)
| 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 a judgment of the Supreme Court, Orange County, dated September 8, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 16, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33113
A/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
REINALDO E. RIVERA, JJ.
|
2004-04926 Robert Anthony Green, etc., appellant, v State of New York, respondent. (Claim No. 105542)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to recall and vacate so much of a decision and order on motion of this court dated July 5, 2005, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - June 2005 Calendar" as dismissed an appeal from a judgment of the Court of Claims, dated April 27, 2004, for failure to timely perfect, and to reinstate the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., S. MILLER, RITTER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33177
L/
|
2005-04784
Jackson 37 Company, LLC, respondent, v Laumat, LLC, et al., appellants. (Index No. 22415/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 19, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33210
T/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT J. LUNN, JJ.
|
2005-08937, 2005-10876 Kaywood Properties, Ltd., appellant, v Kenneth Glover, respondent. (Index No. 13043-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from a decision of the Supreme Court, Suffolk County, dated November 6, 2005, and a judgment of the same court entered October 21, 2005, to stay enforcement of the judgment pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the decision dated November 6, 2005, is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the motion is granted and enforcement of the judgment entered October 21, 2005, is stayed pending hearing and determination of that appeal on condition that the appeal is perfected on or before January 3, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 3, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
COZIER, J.P., RITTER, SPOLZINO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33156
S/nal
|
2005-03400
Heather Klein, appellant, v J. P. Morgan Chase & Co., f/k/a Chase Manhattan Bank, et al., respondents. (Index No. 10977/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 31, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 29, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33088
A/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2004-08831 Lawrence Klein, respondent, v Stephanie Klein, appellant. (Index No. 200558/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Nassau County, dated September 22, 2004, as a poor person, for the assignment of counsel, and to enlarge her time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33107
A/nal
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-00461, 2004-00464
Roberta L. Koeppel, et al., appellants, v Carlandia Corporation, et al., respondents. (Index No. 8294/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue appeals from an order of the Supreme Court, Westchester County, entered December 12, 2003, and a judgment of the same court entered December 24, 2003, which were determined by decision and order of this court dated September 6, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
H. MILLER, J.P., RITTER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33120
E/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2004-08734, 2005-10601 Elizabeth Margrabe, etc., et al., appellants, Anthony Rusciano III, etc., et al., plaintiffs, v Anthony Rusciano II, et al., defendants; Sexter & Warmflash, nonparty-respondent. (Index No. 01-10032)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondent on appeals from two orders of the Supreme Court, Westchester County, entered September 1, 2004, and dated August 22, 2005, respectively, inter alia, to dismiss the appeal from the order entered September 1, 2004, on the ground, in effect, that the order was superseded by an order of the same court dated October 28, 2004, or, alternatively, to enlarge the time to serve and file a brief. Cross motion by the appellants, inter alia, to impose a sanction on the nonparty-respondent.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order entered September 1, 2004, on the ground, in effect, that the order was superseded by the order dated October 28, 2004, is held in abeyance and referred to the panel of justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the nonparty-respondent's time to serve and file a brief is enlarged until January 11, 2006, and the nonparty-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the cross motion is denied; and it is further,
ORDERED that on the court's own motion the appeal from the order entered September 1, 2004, will be calendared with the appeal from the order dated August 22, 2005, (Appellate Division Docket No. 2005-10601), and the appeals will be argued or submitted on the same day.
ADAMS, J.P., S. MILLER, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33121
S/nal
|
2005-04004
Richard P. Massimi, respondent, v Melissa A. Massimi, appellant. (Index No. 4975/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order and judgment (one paper) of the Supreme Court, Orange County, dated March 22, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 13, 2006, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33122
S/nal
|
2005-03111
Christine Meagher-Cox, respondent, v David Winarski, et al., appellants.
(Index No. 11557/02)
| 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 a judgment of the Supreme Court, Kings County, entered March 8, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 23, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33108
A/nal
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
SONDRA MILLER
PETER B. SKELOS, JJ.
|
2004-08825
Metropolitan Casualty Insurance Company, respondent, v Travelers Insurance Company, appellant. (Index No. 1272/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated August 18, 2004, which was determined by decision and order of this court dated August 15, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., SCHMIDT, S. MILLER and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33115
E/nal
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-05489
Frances Moog, etc., et al., appellants, v City of New York, defendant, Staten Island University Hospital, et al., respondents. (Index No. 11711/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Richmond County, dated May 12, 2005, to strike the respondents' brief on the ground that it refers to matter dehors the record and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the respondents' brief on the ground that it refers to matter dehors the record is granted, the respondents' brief is stricken, on or before January 11, 2006, the respondents' shall serve and file a brief which does not refer to matter dehors the record; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied.
PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33092
A/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-04170 Helga Morpurgo, a/k/a Christine Stanley, respondent, v Annselm Morpurgo, etc., appellant, et al., defendants. (Index No. 5554/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an amended order of the Supreme Court, Suffolk County, dated March 15, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33202
D/nal
|
2005-05117, 2005-08869
Antonio Mourtil, respondent, v Korman & Stein, P.C., et al., appellants, Lawrence Korman, defendant.
(Index No. 9852/03)
| 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 appeals from two orders of the Supreme Court, Nassau County, each dated May 3, 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
Appellate Division: Second Judicial Department
M33042
Y/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-11030, 2003-11031 NC Venture I, LP, appellant, v Complete Analysis, Inc., et al., defendants-respondents, Joseph E. Fiegoli, et al., defendants third-party plaintiffs-respondents; Valley Forge Insurance Company, third-party defendant-respondent. (Index No. 6981/02)
| DECISION & ORDER ON MOTION |
Motion by Joseph E. Fiegoli and Rosalie Fiegoli for leave to reargue appeals from two orders of the Supreme Court, Westchester County, entered October 23, 2002, and October 31, 2003, respectively, which were determined by decision and order of this court dated October 11, 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, with $100 costs.
KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33037
Y/nal
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
FRED T. SANTUCCI
PETER B. SKELOS, JJ.
|
2003-07180
Raveendran Narayanan, respondent, v City of New York, defendant, FJC Security Services, Inc., appellant. (Index No. 13216/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to appeal to the Court of Appeals from a decision and order of this court, dated August 22, 2005, which determined an appeal from an order of the Supreme Court, Kings County, dated June 2, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., ADAMS, SANTUCCI and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33169
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-04431 Nationsbanc Mortgage Corp., etc., respondent, v Sima Weintraub, et al., defendants; Suffern Realty Associates Corp., nonparty-appellant. (Appeal No. 1)
(Index No. 94-1785) 2005-10741 Suffern Realty Associates Corp., appellant, v Karan Garewal, respondent. (Appeal No. 2) (Index No. 05-4027)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Rockland County, dated March 29, 2005, and November 2, 2005, respectively, inter alia, to stay the respondent Karen Garewal from taking possession of certain real property at 10 Arrowhead Lane, Suffern, pending hearing and determination of the appeals and to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33025
A/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN, JJ.
|
2005-07853 Paul Palmieri, appellant, v Shamrock Carpet Cleaning, Inc., et al., defendants; Michael A. Biggiani, nonparty-respondent. (Index No. 1974/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the nonparty-respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated July 5, 2005, on the ground that no appeal lies from an order entered upon the default of the appealing party.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; Marino v Termini, 4 AD3d 342).
COZIER, J.P., RITTER, KRAUSMAN and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33153
S/nal
|
2004-10994
Courtney Paolilli, appellant, v Steven N. Lynch, etc., et al., respondents. (Index No. 3173/00)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from a judgment of the Supreme Court, Dutchess County, entered November 5, 2004.
ORDERED that the application is granted, the respondents' time to file a brief is enlarged, and the respondents' brief submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33050
Y/nal
DAVID S. RITTER, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
|
2005-06007
Marc A. Pergament, etc., appellant, v Alfred J. Roach, et al., defendants, Ronald I. Heller, et al., respondents. (Index No. 16425/01)
| DECISION & ORDER ON MOTION |
Motion by counsel for the appellant Marc A. Pergament to admit pro hac vice Matthew E. Miller, an attorney in good standing in the State of Virginia, to represent the appellant on an appeal from an order of the Supreme Court, Nassau County, dated May 13, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and Matthew E. Miller is admitted pro hac vice to represent the appellant.
RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33155
S/nal
|
2005-00746
Don Peters, et al., appellants, v City of New York, et al., respondents. (Index No. 9664/95)
| ORDER ON APPLICATION |
Application by the respondents City of New York and New York City Health and Hospitals Corporation pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Kings County, dated November 23, 2004.
ORDERED that the application is granted, the movants' time to file a brief is enlarged, and the movants' brief submitted to the Clerk of this court on December 2, 2005, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33106
E/nal
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-01234 Dimitrios Psomostithis, appellant, v Transoceanic Cable Ship Co., respondent. (Index No. 34619/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 22, 2004, on the ground that it has been rendered academic.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33126
S/nal
|
2005-05443
Daby Dailal Ramkisoon, respondent, v Loknauth Ramkishun, appellant, et al., defendant. (Index No. 4771/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 10, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 1, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33180
Y/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-02321
Willie Ramos, plaintiff-respondent, v Triboro Coach Corp., et al., appellants, Kenneth Yong, defendant-respondent. (Index No. 53688/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of the appeal from an order of the Supreme Court, Kings County, dated February 16, 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., KRAUSMAN, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33151
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-08861 Zofia Rygielska, respondent-appellant, v Harvey Grable, appellant-respondent. (Index No. 24190/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Kings County, dated September 7, 2004.
Upon the stipulation of the attorneys for the respective parties, dated November 14, 2005, it is
ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33109
S/sl
|
2005-05938
Milette Shanon, appellant, v Jerome D. Patterson, respondent. (Index No. 6345/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated April 28, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 26, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33112
S/sl
|
2005-03254
Shi Pei Fang, plaintiff-respondent, v Heng Sang Realty Corp., defendant third-party plaintiff appellant; Lispenard Enterprises, Inc., et al., third-party defendants-respondents.
(Index No. 19255/96)
| 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 a judgment order of the Supreme Court, Queens County, dated January 27, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 8, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33183
Y/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-10818 Siben & Siben, LLP, et al., respondents, v Ruth M. Pollack, et al., appellants. (Index No. 03154-03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the inquest in the above-entitled action, and to stay all proceedings in that action, pending the hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated October 5, 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., KRAUSMAN, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33110
S/sl
|
2005-03128
Spearhead, Inc., et al., appellants, v Spearhead System Consultants (US), Ltd., et al., respondents. (Index No. 6428/02)
| 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, Nassau County, dated December 21, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 28, 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
Appellate Division: Second Judicial Department
M33205
D/nal
|
2005-00702
Rose Spira, appellant, v New York City Housing Authority, respondent. (Index No. 39427/93)
| 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 a judgment of the Supreme Court, Kings County, entered May 9, 2001.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 21, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33152
L/
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEEN W. FISHER, JJ.
|
2004-08500 Street Retail, Inc., respondent, v Dollar Trees Stores, Inc., appellant. (Index No. 31767/02)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 10, 2004.
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33116
E/nal
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-00663 Charles Stucklen, appellant, v Kabro Associates, et al., respondents. (Index No. 10354/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to appeal to the Court of Appeals from a decision and order of this court, dated May 2, 2005, which determined an appeal from an order of the Supreme Court, Suffolk County, dated December 11, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., SCHMIDT, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32984
M/nal
|
2005-06659, 2005-06660 Analisa Torres, respondent, v George Locker, appellant. (Index No. 20310/03)
| SCHEDULING ORDER |
Appeals by George Locker from an order and judgment (one paper) and an order of the Supreme Court, Queens County, both dated February 9, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M33174
L/
|
2005-08945
Anna Villafane, et al., appellants, v Big V Supermarkets, Inc., et al., respondents. (Index No. 6833/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated July 19, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33159
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-08917 Raizy Weiss, respondent, v Angel Rivera, appellant. (Index No. 17251/04)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated September 13, 2005.
Upon the stipulation of the attorneys for the respective parties, dated November 14, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33103
M/nal
|
2005-10673 Kathryn Wolle-Gordon, respondent, v William Eric Gordon, appellant. (Index No. 5284-03)
| SCHEDULING ORDER |
Appeal by William Eric Gordon from an order of the Supreme Court, Westchester County, dated August 8, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M32985
M/nal
|
2005-11006, 2005-11008, 2005-11009, 2005-11010, 2005-11011, 2005-11013 In the Matter of Elizabeth A. (Anonymous). St. Vincent's Services, Inc., et al., petitioners-respondents; Telemaque T. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Victor T. (Anonymous). St. Vincent's Services, Inc., et al., petitioners-respondents; Telemaque T. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Esther T. (Anonymous). St. Vincent's Services, Inc., et al., petitioners-respondents; Telemaque T. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) In the Matter of Paul T. (Anonymous). St. Vincent's Services, Inc., et al., petitioners-respondents; Telemaque T. (Anonymous), appellant, et al., respondent. (Proceeding No. 4) In the Matter of Mirlaine T. (Anonymous). St. Vincent's Services, Inc., et al., petitioners-respondents; Telemaque T. (Anonymous), appellant, et al., respondent. (Proceeding No. 5) In the Matter of Christian T., a/k/a Christin T. (Anonymous). St. Vincent's Services, Inc., et al., petitioners-respondents; Telemaque T. (Anonymous), appellant, et al., respondent. (Proceeding No. 6) (Docket Nos. B-26285/02, B-26286/02, B-26287/02, B-26288/02, B-26289/02, B-11037/03)
| SCHEDULING ORDER |
Appeals by Telemaque T. from six orders of the Family Court, Kings County, all dated August 17, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M33089
E/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2003-11059 In the Matter of American Manufacturers Mutual Insurance Company, respondent, v Valerie Barlow, appellant; Avis Rent-A-Car, et al., proposed additional respondents. (Index No. 960/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court dated February 14, 2005, which determined an appeal from an order of the Supreme Court, Queens County, dated November 6, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
CRANE, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33118
S/nal
|
2005-05147
In the Matter of Aveonis Management, Inc., et al., respondents, v Nelson Kranker, etc., et al., appellants. (Index No. 4157/04)
| 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, Dutchess County, dated May 2, 2005.
ORDERED that the application is granted, the appellants' time to perfect the appeal is enlarged, and the record and appellants' brief submitted to the Clerk of this court are accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33117
E/sl
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
FRED T. SANTUCCI
PETER B. SKELOS, JJ.
|
2005-05069 In the Matter of Alexander B. (Anonymous). Administration for Children's Services, respondent; Veronica B. (Anonymous), appellant; Steven Banks, nonparty-appellant. (Proceeding No. 1) In the Matter of Nacho B. (Anonymous). Administration for Children's Services, respondent; Veronica B. (Anonymous), appellant; Steven Banks, nonparty-appellant. (Proceeding No. 2) (Docket Nos. N-12746/01, N-12747/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from an order of the Family Court, Kings County, dated May 25, 2005, on the ground that the appeals have been rendered academic.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., S. MILLER, SANTUCCI and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32997
M/nal
|
2005-07968 In the Matter of Catherine Dauphin, respondent, v Scott Parker, appellant. (Docket No. F-5077-03)
| SCHEDULING ORDER |
Appeal by Scott Parker from an order of the Family Court, Richmond County, dated July 19, 2005. By decision and order on motion dated October 18, 2005, the appellant was granted permission to renew his motion for leave to prosecute the above-entitled appeal as a poor person on or before November 17, 2005. The appellant has failed to do so. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M33000
M/nal
|
2005-08893 In the Matter of Cherie Estrella, respondent, v Joseph Lewis, appellant. (Docket No. V-01165-00)
| SCHEDULING ORDER |
Appeal by Joseph Lewis from an order of the Family Court, Richmond County, dated August 22, 2005. By decision and order on motion of this court dated November 2, 2005, the appellant was granted permission to renew his motion for leave to prosecute the above-entitled appeal as a poor person on or before November 16, 2005. The appellant failed to do so. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M33178
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-03174, 2005-08541 In the Matter of Evan F. (Anonymous). Orange County Department of Social Services, respondent; George L. F. (Anonymous), a/k/a Jorge F. (Anonymous), a/k/a George L. (Anonymous), appellant. (Docket No. N-5416/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Family Court, Orange County, dated February 22, 2005, and July 15, 2005, respectively, inter alia, in effect, to stay all proceedings to enforce the order dated July 15, 2005, pending hearing and determination of the appeals and for a preference in the calendaring of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is denied as unnecessary (see CPLR 5521); and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33102
E/sl
DAVID S. RITTER, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
|
2005-04398, 2005-07523
In the Matter of Isabel Fersh, appellant, v David Fersh, respondent. (Docket No. F-03476-97)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from two orders of the Family Court, Suffolk County, dated April 13, 2005, and June 30, 2005, respectively, on the ground, inter alia, that the original papers filed with the Clerk of this court do not contain a properly settled transcript of the minutes of the hearing before the Support Magistrate.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the appeals are dismissed, without costs or disbursements.
RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32999
M/nal
|
2005-09783 In the Matter of Evelyn Gonzalez, appellant, v James M. DeFilippis, respondent. (Docket No. F-5061-05)
| SCHEDULING ORDER |
Appeal by Evelyn Gonzalez from an order of the Family Court, Westchester County, dated September 16, 2005. By decision and order on motion of this court dated November 29, 2005, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M32977
M/nal
|
2005-11016 In the Matter of Pina Grald, respondent, v Jonathan A. Grald, appellant. (Docket No. O-2149-04)
| SCHEDULING ORDER |
Appeal by Jonathan A. Grald from an order of the Family Court, Orange County, dated October 28, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M33098
E/sl
BARRY A. COZIER, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-05349 In the Matter of Shawn Green, appellant, v Donald Selsky, etc., respondent. (Index No. 3862/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated January 28, 2005, as a poor person, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal is enlarged until February 7, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33036
C/nal
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-07999, 2005-11021
Shari Iacone, et al., appellants, v Building Department of Oyster Bay Cove Village, et al., respondents. (Index No. 7424/05)
| DECISION & ORDER ON MOTION |
Motion by the respondents Joseph Bellantuono and Mrs. Joseph Bellantuono on appeals from a judgment of the Supreme Court, Nassau County, dated August 15, 2005 (Appellate Division Docket No. 2005-07999), and an order of the same court dated October 19, 2005 (Appellate Division Docket No. 2005-11021), to strike pages 227 through 336 of the record on the ground that it contains matters dehors the record. Separate motion by the respondents Building Department of Oyster Bay Cove Village and Board of Trustees of Oyster Bay Cove Village to dismiss the appeal from the judgment on the grounds that the judgment was superseded by the order dated October 19, 2005, and part of the appeal has been rendered academic. Cross motion by the appellants to continue the preliminary injunction granted by decision and order on motion of this court dated September 7, 2005, in the event that this court dismisses the appeal from the judgment.
Upon the papers filed in support of the motions and cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion to strike portions of the record is denied; and it is further,
ORDERED that the motion to dismiss the appeal is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the cross motion is denied as academic; and it is further,
ORDERED that on the court's own motion, the appellants shall perfect their appeal from an order dated October 19, 2005, on or before December 30, 2005; and it is further,
ORDERED that the appeals from the judgment dated August 15, 2005, and the order dated October 19, 2005, shall be calendared together, and argued or submitted on the same day.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32986
M/nal
|
2005-10704 In the Matter of Jeffrey Johnson, appellant, v Kristy Johnson, respondent (Docket No. F-13525-02)
| SCHEDULING ORDER |
Appeal by Jeffrey Johnson from an order of the Family Court, Nassau County, dated August 22, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M32982
M/nal
|
2005-10859, 2005-11115 In the Matter of Kris M. Jurgielewicz, appellant, v Stanley Jurgielewicz, respondent. (Docket No. F-858-99)
| SCHEDULING ORDER |
Appeals by Kris M. Jurgielewicz from orders of the Family Court, Suffolk County, dated August 15, 2005, and October 24, 2005, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M32971
M/nal
|
2005-10862 In the Matter of Rosalba Morales, respondent, v Cesar O. Henao, appellant. (Docket No. O-12508-05)
| SCHEDULING ORDER |
Appeal by Cesar O. Henao from an order of the Family Court, Queens County, dated October 20, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M33185
L/
|
2005-05911
In the Matter of Charles Michael Pisano, appellant, v Loriann Pisano, respondent. (Docket No. V-01810/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Richmond County, dated April 15, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33215
O/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-10749 In the Matter of Prospect Heights Housing Development Fund Corp. Denis Caldwell Taylor, et al., appellants; Sela-Lincoln Realty Corp., et al., respondents. (Index No. 8883/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated October 6, 2005, in effect, to stay two proceedings pending in the Civil Court, Kings County, entitled (1) Matter of Sela-Lincoln Realty Corp. v Taylor, pending under Index No. 78153/04, and (2) Matter of Sela-Lincoln Realty Corp. v Caldwell, pending under Index No. 78160/04, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33214
S/nal
|
2005-05620
In the Matter of Tatjana Vanjak, appellant, v Emil Pesa, respondent. (Docket No. 2296-98/05)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Richmond County, dated July 8, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 19, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33020
A/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-06625 In the Matter of Kenneth C. Vidal, appellant, v Board of Trustees of New York City Fire Department, Article 1-B Pension Fund, etc., et al., respondents. (Index No. 38738/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated February 10, 2005, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted.
COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32983
M/nal
|
2005-10811 In the Matter of Deneene Washington, appellant, v Vic Washington, respondent. (Docket No. O-10812-05)
| SCHEDULING ORDER |
Appeal by Deneene Washington from an order of the Family Court, Queens County, dated October 19, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M33064
Y/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-03926, 2004-06370 The People, etc., respondent, v Ronald Ackridge, appellant.
(Ind. No. 02-06168)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on appeals from a judgment of the County Court, Westchester County, rendered April 17, 2003, and an order of the same court dated May 27, 2004, and to be provided with additional minutes of the proceedings.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to be provided with additional minutes is denied; and it is further,
ORDERED that the branch of the motion which is for an enlargement of time is denied as academic, as the appellant timely filed the supplemental brief on November 9, 2005.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33144
E/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
REINALDO E. RIVERA, JJ.
|
2003-10371 The People, etc., respondent, v Christopher Bennett, appellant. (Ind. No. 193/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Nassau County, rendered October 23, 2003, to expand the judgment roll to include an affirmation submitted in opposition to his motion pursuant to CPL 440.10 and the exhibits annexed to the affirmation or, alternatively, for leave to appeal from an order of the same court dated November 23, 2004, denying the motion pursuant to CPL 440.10.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to expand the judgment roll is denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal from the order dated November 23, 2004, is referred to a Justice of this court for determination pursuant to CPL 460.15(1).
ADAMS, J.P., S. MILLER, RITTER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33094
E/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2005-06365 The People, etc., respondent, v Clay Bennett, respondent. (Ind. No. 1245/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered June 3, 2005, for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth whether the appellant received a personal injury settlement of $175,000, or any other sum, and, if so, the disposition of the proceeds of the settlement.
H. MILLER, J.P., ADAMS, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33060
Y/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2002-06992 The People, etc., respondent, v Cornell Daniels, appellant. (Ind. No. 01-00717)
| DECISION & ORDER ON MOTION |
Motion by the appellant to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered June 13, 2002, and for the assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on October 15, 2002, and the following named attorney was assigned to prosecute the appeal:
John R. Mechmann, Esq.
33 Alexander Avenue
Yonkers, New York 10704
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, previously assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned to prosecute the appeal:
Christine Moccia, Esq.
P.O. Box 93
Chappaqua, New York 10514
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that on or before January 3, 2006, newly assigned counsel shall review the brief filed by the former assigned counsel and advise this court in writing whether she will adopt the brief or will file a replacement or supplemental brief.
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33001
A/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2003-00119 The People, etc., respondent, v LePerry Fore, appellant. (Ind. No. 176/02)
| DECISION & ORDER ON MOTION Motion to File A Supplemental Brief |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered December 11, 2002. Cross application by the respondent, in effect, for leave to serve and file one brief in response to both the appellant's main brief and the supplemental pro se brief.
Upon the papers filed in support of the motion and cross application and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed; and it is further,
ORDERED that the cross application is denied; and it is further,
ORDERED that on the court's own motion the respondent's time to serve and file a brief in response to the appellant's main brief is enlarged until January 3, 2006, and the respondent's brief shall be served and filed on or before that date.
CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33099
E/sl
STEPHEN G. CRANE, J.P.
DANIEL F. LUCIANO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2004-10638 The People, etc., respondent, v Lawrence Gelzer, appellant. (Ind. No. 2140/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered December 4, 2003, and for the assignment of new counsel or, alternatively, for leave to serve and file a supplemental brief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel assigned to prosecute the appeal is denied; and it is further,
ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief is granted; and it is further,
ORDERED that upon filing his brief, the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 R 6219
Elmira Corr. Fac.
Box 500
Elmira, New York 14902
Appellate Division: Second Judicial Department
M33080
Y/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2001-03768 The People, etc., respondent, v Dale Howard, appellant. (Ind. No. 2466/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered April 16, 2001, for a reconstruction hearing with respect to certain minutes, and if the reconstructed minutes are inadequate, for summary reversal of the judgment.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for a reconstruction hearing is granted, and the matter is referred to the Supreme Court, Kings County, for a reconstruction hearing with respect to the proceedings conducted in the above-entitled case on March 26-27, 2001, April 2, 2001 and April 16, 2001, as well as the minutes of March 20, 2001, March 28, 2001 and March 30, 2001, including the Sandoval hearing, jury selection, the court's preliminary instructions to the jury, the People's opening statement and any defense response, summations, charge, deliberations, verdict, and sentencing; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two typewritten transcripts of the stenographic minutes of the reconstruction hearing, once said hearing has been completed, and the clerk of the trial court shall furnish one of those certified transcripts to the appellant's counsel, without charge (CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that the branch of the motion which is for summary reversal is denied with leave to renew after the reconstruction hearing, if counsel believes the reconstructed minutes are inadequate; and it is further,
ORDERED that appellant's counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33145
E/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2003-00117 The People, etc., respondent, v Joel Johnson, appellant. (Ind. No. 02-00553)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered December 17, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, the appellant's time to serve and file his supplemental brief is enlarged until February 14, 2006, and the appellant's supplemental brief shall be served and filed on or before that date; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 A 0235
Eastern Corr. Fac.
Box 338
Napanoch, New York 12458
Appellate Division: Second Judicial Department
M33100
A/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2003-07508 The People, etc., respondent, v Mohamed Kadry, appellant. (Ind. No. 4295/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered July 16, 2003, to enlarge the record on appeal to include certain interview notes regarding a witness for the prosecution.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion the respondent's time to serve and file a brief in response to the appellant's supplemental pro se brief is enlarged until January 3, 2006, and the respondent shall serve and file its brief on or before that date.
CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33141
S/nal
|
2005-06898
The People, etc., appellant, v Amin Kobas, Ahmed Moghales, Adin Zandin, Abdo Kaid, respondents. (Ind. No. 1855/05)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 27, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]), and by serving and filing its brief on the appeal is enlarged until December 12, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33124
S/nal
|
2003-08815
The People, etc., respondent, v Shomari LaViscount, appellant. (Ind. No. 2095/01)
| 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 September 25, 2003.
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
Appellate Division : Second Judicial Department
M33221
M/nl
PETER B. SKELOS, J.
|
2005-11069 The People, etc., respondent Juan Leon, appellant. (Ind. No. 2794/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Kings County, rendered November 16, 2005, and to release the appellant on his own recognizance.
Upon the papers filed in support of the motion and upon hearing the attorneys for the respective parties, it is
ORDERED that the motion is denied.
PETER B. SKELOS
Associate Justice
Appellate Division: Second Judicial Department
M33097
E/sl
BARRY A. COZIER, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-01550, 2005-05207 The People, etc., respondent, v Edward Levy, appellant. (Ind. Nos. 736/03, 1549/04)
| DECISION AND ORDER ON MOTION |
Motion by the appellant on appeals from a judgment of the Supreme Court, Queens County, rendered February 10, 2005, under Indictment No. 736/03, and a judgment of the same court, rendered May 11, 2005, under Indictment No. 1549/04, to consolidate the appeals.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appeals shall be calendared together, and shall be argued or submitted on the same day.
COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33166
S/sl
PETER B. SKELOS, J.
|
2005-11185 The People, etc., respondent, v William Maelia, appellant. (Ind. No. 05-00188)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Orange County, rendered November 21, 2005, 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 no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, execution of the judgment is stayed, and bail is set by depositing cash bail in the sum of $10,000; and it is further,
ORDERED that this stay shall terminate and be of no further effect 120 days from the date hereof and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal shall have been brought to argument or submitted to this court, or unless this court shall have extended this order; and it is further,
ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to continue the execution of sentence; and it is further,
ORDERED that the Warden of the facility at which the appellant is incarcerated, or his agent, is directed to immediately release the appellant upon receipt of this order and proof that bail has been posted in accordance herewith; and it is further,
ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken.
PETER B. SKELOS
Associate Justice
Appellate Division: Second Judicial Department
M33101
E/sl
STEPHEN G. CRANE, J.P.
DANIEL F. LUCIANO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2001-04980 The People, etc., respondent, v Michael A. McKinney, appellant. (Ind. No. 78/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Dutchess County, rendered May 21, 2001.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before January 23, 2006; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33105
A/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
ROBERT W. SCHMIDT
GLORIA GOLDSTEIN, JJ.
|
1994-00976, 1994-00978 The People, etc., respondent, v Jeffrey Pinckney, appellant. (Ind. Nos. 10238/89, 9935/92)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue appeals from a judgment of the Supreme Court, Kings County, rendered January 18, 1994, and an amended judgment of the same court also rendered January 18, 1994, which was determined by decision and order of this court dated October 10, 1995.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., FLORIO, SCHMIDT and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33143
S/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-06614, 2005-06615, 2005-06616
The People, etc., respondent, v Linda Remy, appellant. (Ind. No. 04-329)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeals by the defendant from two orders of the County Court, Rockland County, dated March 4, 2005, and May 31, 2005, respectively, and a judgment of the same court rendered June 2, 2005.
Now, on the court's own motion, it is
ORDERED that the appeals from the orders dated March 4, 2005, and May 31, 2005, are dismissed as those orders are not appealable by right or by permission (see CPL 450.10; 450.15).
FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33045
Y/sl
BARRY A. COZIER, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2003-05072 The People, etc., respondent, v Eddie Rush, appellant. (Ind. No. 404/01)
| DECISION & ORDER ON MOTION |
Motions by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered May 20, 2003, (1) for an enlargement of time to serve and file a supplemental brief, and (2) for leave to file fewer than nine copies of the supplemental brief.
Upon the papers filed in support of the motions and the papers filed in relation thereto, it is
ORDERED that the motion for leave to file fewer than nine copies of the supplemental brief is denied; and it is further,
ORDERED that the motion for an enlargement of time to serve and file a supplemental brief is granted, and the appellant's supplemental brief shall be served and filed on or before January 31, 2006; and it is further,
ORDERED that no further enlargements of time will be granted; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33096
E/sl
BARRY A. COZIER, J.P.
GLORIA GOLDSTEIN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2000-06440, 2000-06441 The People, etc., respondent, v Delano Sedney, appellant. (Ind. Nos. 1707/95, 3666/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two judgments of the Supreme Court, Queens County, both rendered June 23, 2000, which were determined by decision and order of this court dated April 19, 2004, in effect, to relieve counsel assigned by decision and order on motion of this court dated March 24, 2005, to make any motions deemed appropriate with respect to the decision and order of this court dated April 19, 2004, and/or a motion in the Court of Appeals for leave to reargue the appellant's prior pro se motion for leave to appeal to that court from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., GOLDSTEIN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33111
A/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2002-05727 The People, etc., respondent, v Ryan Wagner, appellant. (Ind. No. 2452/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the County Court, Suffolk County, rendered January 9, 2002, to strike portions of the appellant's reply brief on the ground that it refers to matter dehors the record or contains scandalous and prejudicial material.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
CRANE, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33148
E/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-09643 The People, etc., ex rel. Alfred Barnes, petitioner, v Brian Fischer, etc., respondent.
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to prosecute the above entitled proceeding as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).
The allegations of merit contained in the petitioner's affidavit in support of the motion fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court