Appellate Division: Second Judicial Department
M33398
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BARRY A. COZIER, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
MARK C. DILLON, JJ.
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2005-08404 Marta Antequera, et al., appellants, v Kingsboro Medical Group, P.C., et al., respondents. (Index No. 29662/98)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Separate motions by the respondents Kingsboro Medical Group, P.C., and Yousef O. Amer, and the respondent Sushilkumar Samant, to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 1, 2005, on the ground that no appeal lies from an order denying a motion for reargument, and separate motion by the defendant S. Singer to dismiss the appeal on the ground that it was not timely taken.
Upon the papers filed in support of the motions and the papers filed in opposition or relation thereto, it is
ORDERED that the motions are denied.
COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33062
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DAVID S. RITTER, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
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2005-10118, 2005-10119, 2005-10120 Bankers Trust Company of California, N.A., respondent, v Steve Tsoukas, appellant, et al., defendants.
(Index No. 13160/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action, pending hearing and determination of appeals from (1) an order of the Supreme Court, Richmond County, dated February 23, 2004, (2) an order and judgment (one paper) of the same court dated May 24, 2004, and (3) a judgment of the same court dated March 14, 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.
RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33418
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2005-02420
Joanne Candela, appellant, v George Kiel, respondent. (Index No. 5014/01)
| 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, Richmond County, dated February 2, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 19, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33415
S/sl
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2005-02848
Katherine D'Alessandro, appellant, v North Shore Hospital, respondent. (Index No. 43201/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 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
M33377
S/sl
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2005-05474
Martha Evans, appellant, v Hilda Osborne, respondent. (Index No. 4923/05)
| 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, Queens County, dated April 25, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 30, 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
M33367
S/sl
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2005-03582
Roxann Field, appellant, v Waldbaum, Inc., d/b/a Waldbaum's Supermarkets, etc., respondent. (Index No. 5397/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 21, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 6, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33385
S/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
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2004-11320 Fleet National Bank, respondent, v Formula Equipment, Inc., f/k/a Formula Equipment Leasing, Inc., et al., defendants, G.E. Commercial Distribution Finance, Inc., et al., appellants. (Index No. 4147/04)
| DECISION & ORDER ON MOTION |
The defendants G.E. Commercial Distribution Finance, Inc., and General Electric Capital Corporation having appealed to this court from an order of the Supreme Court, Orange County, dated December 13, 2004, and having perfected the appeal on February 15, 2005, the respondent having filed a brief on March 18, 2005, and the appellants having filed a reply brief on March 29, 2005, the matter was placed on this court's calendar for September 15, 2005. By letter dated September 2, 2005, counsel for the appellants advised this court that the instant appeal had been rendered academic by virtue of the entry of a judgment in the action on June 29, 2005. A stipulation withdrawing the appeal was appended to the letter. By order to show cause dated October 11, 2005, the parties or their counsel were directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate.
Upon the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied as sanctions are not warranted under the circumstances of this case.
H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33376
S/sl
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2004-08496, 2005-01124
Conrad Green, respondent, v Louise Green, defendant-appellant; Andrea Haye White, et al., nonparty-appellants. (Index No. 10037/93)
| ORDER ON APPLICATION |
Application by defendant-appellant and the nonparty appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file reply briefs on appeals from an order and judgment (one paper) of the Supreme Court, Queens County, dated August 7, 2004, and an order of the same court dated December 17, 2004.
ORDERED that the application is granted and the reply briefs shall be served and filed on or before December 30, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33375
S/sl
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2005-05968
Jackson Heights Care Center, LLC, d/b/a Regal Heights Rehabilitation and Health Care Center, respondent, v Joseph L. Bloch, appellant. (Index No. 4866/04)
| 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, Queens County, dated April 20, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 6, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33392
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HOWARD MILLER, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
MARK C. DILLON, JJ.
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2005-08571 Joseph Marino, respondent, v John Gallo, et al., appellants. (Index No. 11627/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered August 3, 2005, on the ground that the issues raised on this appeal should have been raised on an appeal from a decision of the same court dated April 4, 2005, which was withdrawn by the appellant, or, in the alternative, to enlarge his time to serve and file a brief, and cross motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, and the respondent's time to serve and file a brief is enlarged until January 11, 2006, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the cross motion is denied.
H. MILLER, J.P., CRANE, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33389
Y/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-00321 John C. Mikul, etc., appellant, v Phillip Jay Silverman, et al., respondents, et al., defendant. (Index No. 10907/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the record on appeal from an order of the Supreme Court, Richmond County, dated November 17, 2004, and for an enlargement of time to serve and file a brief.
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 enlarge time is granted, the respondents' time to serve and file a brief in enlarged until January 9, 2006, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33388
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ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-07804 1212 Ocean Avenue Housing Development Corporation, respondent, v Deborah Brunatti, etc., appellant. (Index No. 436/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent, on an appeal from an order of the Supreme Court, Kings County, dated July 20, 2005, in effect, 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 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
M33378
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2005-01101
People of the State of New York, etc., respondent, v Said Abdullah, appellant.
| 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 County Court, Westchester County, dated January 3, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 5, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33326
A/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2005-09300 Joseph Reardon, etc., et al., respondents, v Carle Place Union Free School District, appellant.
(Index No. 5224/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated September 6, 2005.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33420
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2005-04536
Jennifer Rucker, appellant, v Nader Sayegh, respondent (and a third-party action). (Index No. 10478/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated April 1, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 23, 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
M33381
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2005-03290
Mary Ryan, appellant, v Budget Rent A Car, defendant, Looking Glass Associates, L.P., et al., defendants third-party plaintiffs-respondents; Nanuet House, et al., third-party defendants- respondents. (Index No. 3765/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Rockland County, dated March 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
M33380
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2005-03285
Mary Ryan, appellant, v Nyack Hospital, respondent. (Index No. 109/03)
| 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, Rockland County, dated March 3, 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
M33414
M/nal
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2005-06467
Cyla Stern, et al., respondents, v Paul A. Epstein, et al., appellants. (Index No. 8949/04)
| 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 May 17, 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
M33422
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2005-02146
Eugenia Swiderska, appellant, v New York University, et al., respondents. (Index No. 20493/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on an appeal from an order of the Supreme Court, Kings County, dated January 18, 2005.
ORDERED that the application is granted and the respondents' time to serve and file briefs is enlarged until January 13, 2006, and the respondents' respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33424
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2005-09304
Henry Thone, respondent, v Crown Equipment Corp., appellant, et al., defendants. (Index No. 3139/03)
| 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 of the Supreme Court, Nassau County, dated September 9, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 23, 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
M33423
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2005-02286
Enite M. Toussaint, et al., appellants, v Ferrara Bros. Cement Mixer, et al., respondents. (Index No. 21337/01)
| ORDER ON APPLICATION |
Application by the respondent Judlau Construction pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file its brief on an appeal from an order of the Supreme Court, Kings County, entered January 27, 2005.
ORDERED that the application is granted and the movant's time to file its brief is enlarged until December 12, 2005, and the movant's brief must be filed on or before that date; and it is further,
ORDERED that the appellants shall serve and file their reply brief, if any, on or before December 27, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33366
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2004-09905
Marie C. Vaval, appellant, v NYRAC, Inc., et al., respondents. (Index No. 1632/99)
| 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, Queens County, dated October 6, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 18, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33374
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2005-05104
Donald Wheeler, plaintiff-respondent, v Carnor Properties Company, et al., defendants third-party plaintiffs appellants-respondents, CCC Paving Corp., defendant-respondent; T.V. Stereo Service Center, Inc., third-party defendant respondent-appellant. (Index No. 17839/03)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated May 2, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before January 13, 2006 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33334
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2004-05375
In the Matter of David Colon, appellant, v Tealia Jenkins, respondent.
(Docket No. F-28959-03)
| ORDER TO SHOW CAUSE |
Appeal by David Colon from an order of the Family Court, Kings County, dated May 13, 2004. By scheduling order dated October 27, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated October 27, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 23, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33335
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|
2005-06319
In the Matter of Antonio Cruz, appellant, v Manuela Cruz, respondent. (Docket No. F-3163-02)
| ORDER TO SHOW CAUSE |
Appeal by Antonio Cruz from an order of the Family Court, Queens County, dated May 27, 2005. By scheduling order dated October 27, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated October 27, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 23, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33394
S/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-07531
In the Matter of Lucius D. (Anonymous). Administration for Children's Services, petitioner- respondent; Sabrina B.-M. (Anonymous), appellant; et al., respondent. (Proceeding No. 1) In the Matter of Trinity D. (Anonymous). Administration for Children's Services, petitioner- respondent; Sabrina B.-M. (Anonymous), appellant; et al., respondent. (Proceeding No. 2) (Docket Nos. N 09347-04, N 09348-04)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute an appeal from a fact-finding order of the Family Court, Queens County, dated June 29, 2005, and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition to or in relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before December 21, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before January 9, 2006, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33315
M/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
MARK C. DILLION, JJ.
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2005-07240, 2005-10022 In the Matter of Louis Galanos, respondent, v Suzanne Galanos, appellant. (Docket Nos. V-5192-03, V-5193-03)
| SCHEDULING ORDER |
Appeals by Suzanne Galanos from two orders of the Family Court, Dutchess County, dated May 5, 2005, and July 1, 2005. The appellant's brief was filed in the office of the Clerk of this court on October 28, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeals is enlarged until January 3, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., CRANE, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33421
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2005-04229
In the Matter of Soosy Joseph, petitioner, v John A. Johnson, respondent. (Index No. 11895/04)
| ORDER ON APPLICATION |
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, dated February 8, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 19, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33412
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2005-05902
In the Matter of Nationwide Mutual Insurance Company, petitioner-respondent, v Diane J. Ferello, appellant; State Farm Insurance Companies, et al., additional-respondents respondents. (Index No. 27737/03)
| ORDER ON APPLICATION |
ORDERED that the order on application of this court dated December 5, 2005, in the above-entitled matter is amended by deleting from the decretal paragraph thereof the date "February 8, 2005," and substituting therefor the date "February 8, 2006".
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33386
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HOWARD MILLER, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
MARK C. DILLON, JJ.
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2005-01498 In the Matter of Caleb P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Dylan P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Misty P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), et al., appellants. (Proceeding No. 3) In the Matter of Molly P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), et al., appellants. (Proceeding No. 4) In the Matter of Sean P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), et al., appellants. (Proceeding No. 5) In the Matter of Tyler P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), et al., appellants. (Proceeding No. 6) (Docket Nos. N-888-04, N-889-04, N-890-04, N-891-04, N-892-04, N-893-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant Anthony W. to enlarge the time to perfect an appeal from an order the Family Court, Orange County, dated June 1, 2004.
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 it is further,
ORDERED that the time of the appellant Anthony W. 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 his brief on the appeal is enlarged until January 17, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., SANTUCCI, GOLDSTEIN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33413
S/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-10684 In the Matter of John P. Pearson, Jr., respondent, v Sherma Andrews, appellant. (Docket No. V-10538-05)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated December 1, 2005, in the above-entitled matter is amended by deleting from the preamble thereof the words " Supreme Court" and substituting therefor the words "Family Court".
PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33329
M/nal
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2005-05854, 2005-05857, 2005-05858 In the Matter of Dominique R. (Anonymous), appellant. (Docket No. E-19416-04)
| SCHEDULING ORDER |
Appeal by Dominique R. from three orders of the Family Court, Kings County, dated August 24, 2004, March 24, 2005, and May 9, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on December 5, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M33384
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ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2004-07508 In the Matter of Thomas Ram, et al., respondents, v Town of Islip, et al., appellants. (Index No. 20998/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from a judgment of the Supreme Court, Suffolk County, dated July 16, 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.
FLORIO, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33323
M/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2004-10614 In the Matter of Franklyn Richards, respondent, v Carla Campbell, appellant. (Docket No. V-03953-01)
| SCHEDULING ORDER |
Appeal by Carla Campbell from an order of the Family Court, Kings County, dated October 15, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 21, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until January 16, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33417
S/sl
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2005-01477
In the Matter of Rye Police Association, appellant, v City of Rye, respondent. (Index No. 3558/04)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated January 10, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 10, 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
M33337
M/nal
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2005-09682
In the Matter of Peter Samuel, respondent, v Abril Samuel, appellant. (Docket Nos. V-16360-05, V-16361-05, V-16362-05)
| ORDER TO SHOW CAUSE |
Appeal by Abril Samuel from an order of the Family Court, Kings County, dated September 6, 2005. By scheduling order dated October 25, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not 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; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated October 25, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 23, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33383
S/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
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2005-08995 In the Matter of Jaileen T. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Legal Aid Society of Suffolk County, nonparty-appellant; Gloria T. (Anonymous), respondent. (Docket No. N-12506-03)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated September 14, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the stay granted by decision and order on motion of this court dated October 14, 2005, is vacated forthwith.
SCHMIDT, J.P., SANTUCCI, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33319
M/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
MARK C. DILLION, JJ.
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2005-01085, 2005-01086, 2005-01154, 2005-01155, 2005-01156 In the Matter of Theresa Helen T. (Anonymous), a/k/a Theresa Helen D. (Anonymous), a/k/a Theresa T. (Anonymous). Administration for Children's Services, petitioner-respondent; Debra D. T. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Christina Shannon T. (Anonymous), a/k/a Christina T. (Anonymous). Administration for Children's Services, petitioner-respondent; Debra D. T. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Silvia Marie D. (Anonymous), a/k/a Silvia D. (Anonymous). Administration for Children's Services, petitioner-respondent; Debra D. T. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) In the Matter of Patricia D. (Anonymous). Administration for Children's Services, petitioner-respondent; Debra D. T. (Anonymous), appellant, et al., respondent. (Proceeding No. 4) (Docket Nos. B-11446/02, B-11448/02, B-11447/02, N-4878/96, N-4879/96, N-4880/96, N-4881/96)
| SCHEDULING ORDER |
Appeals by Debra D. T. from five orders of the Family Court, Queens County, dated May 31, 2004 (Appellate Division Docket No. 2005-01155), October 21, 2004 (Appellate Division Docket No. 2005-01156), November 18, 2004 (Appellate Division Docket No. 2005-01085), and two dated November 30, 2004 (Appellate Division Docket Nos. 2005-01086 and 2005-01154). Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until January 30, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., CRANE, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33382
A/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-03227 In the Matter of Amaury Villalobos, appellant, v Edwin Felicien, etc., et al., respondents. (Index No. 2751/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to appeal to the Court of Appeals from a decision and order on motion of this court, dated April 8, 2005, which dismissed an appeal from a judgment of the Supreme Court, Dutchess County, dated November 5, 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.
S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33393
T/sl
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
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2005-09417 In the Matter of Esperanza Weis, et al, respondents, v Lorraine Rivera, et al., appellants. (Docket Nos. V-19861-04, V-19862-04)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Family Court, Suffolk County, entered September 12, 2005, in effect, to amend so much of a decision and order on motion of this court dated October 24, 2005, as conditioned a stay upon their perfection of the appeal on or before November 25, 2005, and cross motion by the respondent, inter alia, to vacate the decision and order on motion of this court dated October 24, 2005, on the ground that the appellants failed to perfect the appeal in accordance with that decision and order on motion.
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 motion is granted; and it is further,
ORDERED that the decision and order on motion of this court dated October 24, 2005, is amended by deleting from the decretal paragraphs thereof the date "November 25, 2005," and substituting therefor the date "January 11, 2006"; and it is further,
ORDERED that the cross motion is denied.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33387
Y/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-05031
In the Matter of Dawn Wertz, appellant, v Joseph L. Ruggio Jr., respondent-respondent; et al., respondents. (Docket No. V-5477-03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the Law Guardian to dismiss an appeal from an order of the Family Court, Orange County, dated March 11, 2004, on the ground that no appeal lies from an order entered on the default of the appealing party.
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, and the appeal is dismissed, without costs or disbursements (see CPLR 5511).
COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33404
A/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
MARK C. DILLON, JJ.
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2003-10108 The People, etc., respondent, v Taino Ayala, appellant.
(Ind. No. 10/02)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Putnam County, rendered July 16, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before February 13, 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.
H. MILLER, J.P., CRANE, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33373
S/sl
|
1995-03465
The People, etc., respondent, v Daniel Connelly, appellant. (Ind. No. 9473/94)
| 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, Kings County, rendered April 4, 1995.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 27, 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
M33372
S/sl
|
2004-04915
The People, etc., respondent, v Joseph Grajales, appellant. (Ind. No. 1260/03)
| 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 a judgment of the Supreme Court, Kings County, rendered May 27, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 28, 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
M33368
S/sl
|
2004-05040
The People, etc., respondent, v Robert Mims, appellant. (Ind. No. 3571/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 2, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 27, 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
M33320
Y/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2005-08353 The People, etc., respondent, v Mark Staropoli, appellant. (Ind. No. 033/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Rockland County, rendered August 30, 2005, to continue the stay of execution of said judgment pending determination of the appeal to this court.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the stay of execution of the judgment granted by decision and order on motion of this court dated September 1, 2005, is extended pending hearing and determination of the appeal, on condition that the appeal is perfected by February 28, 2006, and on the same conditions set forth in the decision and order on motion of this court dated September 1, 2005; and it is further,
ORDERED that counsel for the defendant shall serve a copy of this order, by mail, on the Clerk of the court from which the appeal is taken; and it is further,
ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before February 28, 2006; 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 defendant to the sentencing court to begin the execution of sentence.
H. MILLER, J.P., CRANE, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court