Appellate Division: Second Judicial Department
M33453
CF/
|
2005-05287 Board of Managers of Sea Breeze II Condominium, respondent, v Joyce Kwiecinski, appellant. (Index No. 1504/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated May 4, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33462
M/nal
|
2005-05665
Robert Breslin, appellant, v J. D. & P. Auto Repair, Inc., et al., respondents. (Index No. 14097/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 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
M33461
M/nal
|
2005-05600
Zena Callahan, etc., et al., respondents, v Alesheia Callahan, et al., defendants, Osvaldo Castillo, et al., appellants. (Index No. 2247/01)
| 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 5, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 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
M33455
M/nal
|
2005-09149
Cristina F. Cardinal, respondent, v Lucien F. Cardinal, appellant. (Index No. 16630-97)
| ORDER TO SHOW CAUSE |
Appeal by Lucien F. Cardinal from an order of the Supreme Court, Westchester County, dated August 5, 2005. By scheduling order dated November 4, 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 Supreme 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 November 4, 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 27, 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
M33478
S/sl
|
2005-05653
Eric Cruz, respondent, v Luciano P. Martins, appellant, etc., et al., defendants. (Index No. 31982/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 5, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 9, 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
M33425
CF/
|
2005-06406 Falgun Dharia, appellant, v Clifford Trovarelli, et al., respondents. (Index No. 15625/04)
| 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 May 17, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33477
S/sl
|
2005-05536
Andre Doyle, respondent, v Paul Siddo, defendant, Roland Tibert, appellant. (Index No. 31601/04)
| 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 April 6, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 3, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33435
CF/
|
2005-04779 Belkis Espinal, plaintiff-respondent, v Ariel Batista, et al., defendants-respondents, Charles Doyle, et al., defendants-appellants. (Index No. 8904/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 26, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33456
CF/
|
2005-08200 Lorraine Feinsilber, et al., respondents, v Metropolitan Property & Casualty Insurance Co., appellant. (Index No. 9699/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 3, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33464
Y/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-01824 Rita Fischer, etc., appellant, v Evan M. Bloom, etc., et al., respondents, et al., defendants. (Index No. 17735-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated December 30, 2004, and to waive the filing fee.
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 an enlargement of time is granted; the appellant's time to perfect the appeal is enlarged until January 13, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to waive the filing fee is denied.
COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33445
CF/
|
2005-06500 Brian Foster, appellant, v Island Rock Gym Corporation, etc., respondent. (Index No. 10730/03)
| 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 May 23, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33465
A/sl
GLORIA GOLDSTEIN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
ROBERT J. LUNN, JJ.
|
2005-10532 Sidney Gardner, etc., respondent-appellant, v Episcopal Health Services, Inc., d/b/a Bishop Charles McLean Waldo Nursing Home, et al., appellants-respondents.
(Index No. 8366/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant, in effect, to stay all proceedings, including discovery, in the above-entitled action, pending hearing and determination of an appeal and cross-appeal from an order of the Supreme Court, Queens County, dated September 22, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
GOLDSTEIN, J.P., MASTRO, SPOLZINO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33440
CF/
|
2005-09458 Thomas Graziano, respondent, v Giovanni Culotta, et al., appellants. (Index No. 11331/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Richmond County, dated August 10, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33439
CF/
|
2005-08387 Seleh Haggagi, appellant, v Ali Hassan, respondent. (Index No. 25975/97)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated July 13, 2005.
Upon the stipulation of the parties, dated September 14, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33470
S/sl
|
2005-05449
Han Yuan Li, respondent, v Board of Managers of Leavitt Park Condominiums, etc., appellant, et al., defendant. (Index No. 22554/01)
| 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 March 22, 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
M33432
CF/
|
2005-08344 Kevin Harrand, et al., respondents, v Blue Ridge Insurance Company, appellant, et al., defendants. (Index No. 2003/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 26, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33249
CF/
|
2005-06785
Geoffrey Hinds, respondent, v Nicholas Casiano, et al., appellants. (Index No. 46690/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Kings County, entered June 30, 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
M33426
CF/
|
2005-05964 Khadijeh Hommasi, et al., appellants, v Carlyle Three, et al., respondents. (Index No. 26225/00)
| 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 May 6, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33444
S/sl
|
2005-10748
Linda Jones, etc., et al., plaintiffs, v John J. Ricciardelli, etc., et al., defendants. (Action No. 1) (Index No. 11456/99) Linda Jones, etc., et al., appellants, v Brian Ratzel, etc., et al., defendants, Norman Pflaster, etc., respondent. (Action No. 2) (Index No. 16147/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated May 3, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 30, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33471
S/sl
|
2005-05892
Geraldine Carr McConnell, etc., et al., respondents, v Hiram Santana, et al., appellants. (Index No. 11945/02)
| 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, Richmond County, dated May 10, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 6, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33429
CF/
|
2005-08870 Anatalia Mojica, et al., respondents, v Lateef O. Giwa, et al., defendants, Jamaica Hospital Center, appellant. (Index No. 14020/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 19, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33472
S/sl
|
2005-06587
Geraldine R. Monson, etc., respondent, v Ron S. Israeli, etc., et al., appellants. (Index No. 10883/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated May 25, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 22, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33441
S/sl
|
2005-06190
NYCTL 1998-1 Trust, et al., appellants, v Oneg Shabbos, Inc., et al., respondents, et al., defendants. (Index No. 15019/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 18, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 14, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33436
CF/
|
2005-06185 Angel Pagan, et al., appellants, v Kowk Liu Lamlaw, et al., respondents. (Index No. 23567/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 4, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33452
S/sl
GLORIA GOLDSTEIN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
ROBERT J. LUNN, JJ.
|
2005-00633
David Pambianchi, appellant, v Jayne Goldberg, respondent. (Index No. 15375/98)
| DECISION & 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 November 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 21, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
GOLDSTEIN, J.P., MASTRO, SPOLZINO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33430
CF/
|
2005-10541 Rajesh Ramphal, et al., plaintiffs-respondents, v George Zandalinski, et al., defendants-respondents; Breezy Point Cooperative, Inc., third-party defendant-appellant. (Index No. 13008/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 20, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33428
CF/
|
2005-07270
Ridvan Saracoglu, d/b/a R.C. Trucking. Co., plaintiff-respondent, v Eveready Insurance Company, defendant third-party plaintiff- appellant; Government Employees Insurance Company, third-party defendant-respondent. (Index No. 11770/03)
| 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 July 6, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33433
CF/
|
2005-06914 Robert Swedborg, et al., appellants, v East Islip Professional Associates, et al., respondents. (Index No. 16325/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 15, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33438
CF/
|
2005-07262 Varca, Inc., d/b/a High Voltgage, appellant, v 1015 Broadway Realty, LLC, respondent.
(Index No. 11869/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated June 9, 2005.
Upon the stipulation of the parties, dated November 22, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33449
S/sl
|
2005-05766
David Weinschneider, appellant, v Devorah Weinshchneider, respondent (Index No. 3425/03)
| 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 May 24, 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
M33463
Y/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-08653 David Zevin, plaintiff, v Aetna U.S. Healthcare, Inc., et al., defendants. (Index No. 1013/04)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to reargue a prior motion for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated May 19, 2005, affirming a judgment of the First District Court, Nassau County, entered November 12, 2003, which was decided by decision and order on motion of this court dated October 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.
FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33479
S/sl
|
2005-05540
In the Matter of B.Z.V. Enterprise Corp., appellant, v Meenakshi Srinivasan, etc., et al., respondents. (Index No. 6359/04)
| 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 September 17, 2004.
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
M33446
M/nal
|
2005-09954
In the Matter of Demitre C. (Anonymous). Suffolk County Department of Social Services, respondent; Heather C. (Anonymous), appellant. (Docket No. B-11741-05)
| ORDER TO SHOW CAUSE |
Appeal by Heather C. from an order of the Family Court, Suffolk County, dated September 20, 2005. By scheduling order dated November 4, 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 November 4, 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 27, 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
M33457
M/nal
|
2005-09844
In the Matter of Mahitab El-Sheemy, petitioner-respondent, v Ezzat A. El-Sheemy, et al., appellants, et al., respondent. (Docket No. V-31752/04)
| ORDER TO SHOW CAUSE |
Separate appeals by Ezzat A. El-Sheemy and Ahmad El-Sheemy from an amended order of the Family Court, Kings County, dated August 29, 2005. By scheduling order dated November 4, 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 appeals; or
(2) if there were such minutes, an affidavit or affirmation that the transcripts were received, and indicating the date received; or
(3) if the transcripts were not received, an affidavit or affirmation stating that they were ordered and paid for, the date thereof and the date by which the transcripts were expected; or
(4) if the appellant was indigent and could not 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; or
(5) an affidavit or an affirmation withdrawing the appeals.
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 appeals in the above-entitled proceeding for failure to comply with the scheduling order dated November 4, 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 27, 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
M33480
O/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-04526 In the Matter of Robert L. Farina, respondent, v Jenny McKevitt, appellant. (Docket No. V-2147-01)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to prosecute an appeal from an order of the Family Court, Nassau County, dated May 13, 2004, to be relieved, for the assignment of new counsel to prosecute the appeal, to enlarge the time to perfect the appeal, and for leave to the appellant to serve and file a supplemental pro se 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 the time to perfect the appeal is granted; and it is further,
ORDERED that 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 the brief on the appeal is enlarged until January 3, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the branch of the motion which is for leave to the appellant to serve and file a supplemental brief is denied without prejudice to the appellant pro se seeking that relief after the appeal is perfected; 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
M33450
S/sl
|
2005-06368
In the Matter of Greenburgh Hebrew Center, Inc., et al., respondents; Moses Stein, appellant. (Index No. 1781/05)
| 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, Westchester County, dated May 13, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 21, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33443
M/nal
|
2005-04810 In the Matter of Chanel Monique L. (Anonymous). Suffolk County Department of Social Services, respondent; Eric P. (Anonymous), appellant. (Docket No. N-14869-04) 2005-06288 In the Matter of Jasmine J. (Anonymous). Suffolk County Department of Social Services, respondent; Kathleen J. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Tianna J. (Anonymous). Suffolk County Department of Social Services, respondent; Kathleen J. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Tajahe J. (Anonymous). Suffolk County Department of Social Services, respondent; Kathleen J. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. N-2000-04, N-2001-04, N-2002-04, N-2151-04, N-2152-04, N-2153-04)
| ORDER TO SHOW CAUSE |
Appeals by Kathleen J. from two orders of the Family Court, Suffolk County, dated April 28, 2005, and April 29, 2005, respectively, and appeal by Eric P. from the order dated April 29, 2005. By decision and order of this court dated October 31, 2005, the appellant Kathleen J. was granted leave to renew a motion for leave to prosecute the appeals as a poor person on or before November 30, 2005. The appellant has failed to do so. 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 appeals in the above-entitled proceedings 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 27, 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.
Appellate Division: Second Judicial Department
M33460
M/nal
GLORIA GOLDSTEIN, J.P.
WILLIAM A. MASTRO
ROBERT A. SPOLZINO
ROBERT J. LUNN, JJ.
|
2005-08491
In the Matter of Salvatore J. Morocco, appellant, v Tara M. Caporicci, respondent. (Docket No. F-01415/04)
| DECISION & ORDER ON MOTION |
Appeal by Salvatore J. Morocco from an order of the Family Court, Suffolk County, dated August 3, 2005. By order to show cause dated November 16, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 22, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated September 22, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
GOLDSTEIN, J.P., MASTRO, SPOLZINO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33434
M/nal
|
2005-04654 In the Matter of Nathalie N. (Anonymous), respondent, v Jerome W. (Anonymous), appellant. (Docket Nos. P-33117-04, P-33118-04)
| SCHEDULING ORDER |
Appeal by Jerome W. from an order of the Family Court, Kings County, dated March 30, 2005. The appellant's brief was filed in the office of the Clerk of this court on December 6, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
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
M33458
M/nal
|
2005-09386, 2005-09387
In the Matter of Marina Neroni, respondent, v Daniel Treanor, appellant. (Proceeding No. 1) In the Matter of Daniel Treanor, appellant, v Marina Neroni, respondent. (Proceeding No. 2) (Docket Nos. F-00248-05, F-00249-05, F-01388-05)
| ORDER TO SHOW CAUSE |
Appeals by Daniel Treanor from two orders of the Family Court, Rockland County, dated August 11, 2005, and September 29, 2005, respectively. By scheduling order dated November 3, 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 appeals; or
(2) if there were such minutes, an affidavit or affirmation that the transcripts were received, and indicating the date received; or
(3) if the transcripts were not received, an affidavit or affirmation stating that they were ordered and paid for, the date thereof and the date by which the transcripts were expected; or
(4) an affidavit or an affirmation withdrawing the appeals.
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 appeals in the above-entitled proceedings for failure to comply with the scheduling order dated November 3, 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 27, 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
M33491
O/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2005-10177 In the Matter of Naila M. Qureshi, appellant, v Fairhaven Apartments No. 4, Inc., respondent. (Index No. 3039/05)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to appeal to this court from an order of the Supreme Court, Nassau County, entered May 23, 2005, and to prosecute the appeal 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 branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal as a poor person is denied as academic.
H. MILLER, J.P., ADAMS, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33431
CF/
|
2005-07296
In the Matter of Jalen R. (Anonymous). Administration for Children's Services, appellant; Danakil B. (Anonymous), respondent. (Docket No. N-9397/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated August 4, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33459
M/nal
GLORIA GOLDSTEIN, J.P.
WILLIAM A. MASTRO
ROBERT A. SPOLZINO
ROBERT J. LUNN, JJ.
|
2005-08807
In the Matter of Victoria S. (Anonymous). Administration for Children's Services, petitioner-respondent; Jackie S. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Joseph S. (Anonymous). Administration for Children's Services, petitioner-respondent; Jackie S. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. N-01249-02, N-01250-02)
| DECISION & ORDER ON MOTION |
Appeal by Jackie S. from an order of the Family Court, Richmond County, dated August 17, 2005. By order to show cause dated November 16, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated October 5, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated October 5, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
GOLDSTEIN, J.P., MASTRO, SPOLZINO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33454
M/nal
|
2005-10121
In the Matter of Ricardo Shaw, respondent, v Ladonnesier Shaw, appellant. (Docket No. U-03347/04)
| ORDER TO SHOW CAUSE |
Appeal by Ladonnesier Shaw from an order of the Family Court, Kings County, dated September 19, 2005. By scheduling order dated November 4, 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 November 4, 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 27, 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
M33451
CF/
|
2005-06032 In the Matter of Steel Los III/Goya Foods, Inc., petitioner-respondent, v Board of Assessors of County of Nassau, et al., respondents- appellants, Bethpage Union Free School District, et al., plaintiffs-respondents, Nassau County, et al., defendants-appellants. (Index No. 403186/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 16, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33437
M/nal
DAVID S. RITTER, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
|
2005-04432
In the Matter of Hadassah Weinberger, respondent, v Joshua Frankel, appellant. (Docket No. F-1596-04)
| DECISION & ORDER ON MOTION |
Appeal by Joshua Frankel from an order of the Family Court, Rockland County, dated March 30, 2005. On the court's own motion, it is
ORDERED that its decision and order dated December 5, 2005, in the above-entitled appeal is amended by deleting therefrom the words "February 28, 2005," and substituting therefor the words "February 28, 2006."
RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33466
K/sl
BARRY A. COZIER, JJ.
|
2005-06930 The People, etc., respondent, v Imtaz Ali, appellant. (Ind. No. 1123/03)
| 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, Queens County, rendered July 12, 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 the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
BARRY A. COZIER
Associate Justice
Appellate Division: Second Judicial Department
M33467
K/sl
BARRY A. COZIER, JJ.
|
2005-00902 The People, etc., respondent, v Oneil Clarke, appellant. (Ind. No. 1745/04)
| 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, Nassau County, rendered January 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 the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
BARRY A. COZIER
Associate Justice
Appellate Division: Second Judicial Department
M33468
K/sl
BARRY A. COZIER, JJ.
|
2005-05850 The People, etc., plaintiff, v Theodore Davis, defendant. (Ind. No. 96-00446)
| DECISION & ORDER ON MOTION |
Motion by the defendant for reargument of his application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Westchester County, dated May 5, 2005, which was determined by me in a decision and order on application dated August 24, 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.
BARRY A. COZIER
Associate Justice
Appellate Division: Second Judicial Department
M33476
O/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-04020 The People, etc., respondent, v Jorge Nolasco, appellant. (Ind. No. 1401/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a response to the appellant's supplemental pro se brief on an appeal from a judgment of the County Court, Nassau County, rendered April 21, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a response to the appellant's supplemental pro se brief is enlarged until December 19, 2006, and the response must be served and filed on or before that date.
COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33483
O/sl
BARRY A. COZIER, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2001-02634 The People, etc., respondent, v Arthur Pruitt, appellant. (Ind. No. 2310/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Nassau County, rendered March 14, 2001.
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 it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until December 22, 2005, and the respondent'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
M33447
CF/
|
1999-01155 The People, etc., respondent, v William Rose, appellant. (Ind No. 4790/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, rendered January 7, 1999.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33475
O/sl
GLORIA GOLDSTEIN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
ROBERT J. LUNN, JJ.
|
2005-10710 The People, etc., ex rel., Ken Smith petitioner, v Peter Curcio, respondent.
| DECISION & ORDER ON MOTION |
Application by the petitioner for a writ of habeas corpus and for poor person relief.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and that branch of the application is otherwise denied as academic; and it is further,
ORDERED that the branch of the application which is for a writ of habeas corpus is denied and the petition is dismissed, without costs or disbursements.
GOLDSTEIN, J.P., MASTRO, SPOLZINO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court