Appellate Division: Second Judicial Department
M33957
O/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
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2004-07996, 2004-08003 Clifford Berger, et al., appellants, v Tarry Fuel Oil Co., respondent (Index No. 4176/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from an order and a judgment of the Supreme Court, Westchester County, entered February 17, 2004, and August 5, 2004, respectively, to strike portions of the respondent's brief on the ground that it refers to matter dehors the record, and cross motion by the respondent to enlarge the record to include an affidavit of Judge Linda S. Jamieson.
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 denied; and it is further,
ORDERED that the cross motion is granted; and it is further,
ORDERED that on or before January 3, 2006, the respondent shall serve and file a supplemental record containing the affidavit of Judge Jamieson; and it is further,
ORDERED that on the court's own motion, the appellants' time to serve and file a reply brief is enlarged until January 17, 2006.
PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34042
E/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
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2005-10016 John DeRaffele, appellant, v 210-220-230 Owners Corp. et al., respondents. (Index No. 3633/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, entered October 5, 2005, on the original papers.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33963
C/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
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2005-10208 Matthew Duncan, et al., appellants, v State of New York, respondent. (Claim No. 109849)
| DECISION & ORDER ON MOTION |
Motion by the appellants to amend the notice of appeal from an order of the Court of Claims dated September 1, 2005, to reflect that the appeal is taken by the appellants and not their attorney.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the notice of appeal is deemed amended to reflect that the appeal is taken by the plaintiffs (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 NY3d 605).
PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34011
Y/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2005-07696 Frank Mitchell Corso, P.C., appellant, v Sullivan, Papain, Block, McGrath & Cannavo, P.C., respondent. (Index No. 4417/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated June 22, 2005, on the ground that the record filed by the appellant is inadequate, or, in the alternative, to enlarge the 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 dismiss the appeal is granted to the extent that on or before January 20, 2006, the appellant shall serve and file a supplemental record containing the motion papers submitted to the Supreme Court in connection with the motion for leave to reargue which resulted in the order dated June 22, 2005, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is for an enlargement of time is granted, the respondent's time to serve and file a brief is enlarged until February 21, 2006, and the respondent's brief must be served and filed on or before that date.
H. MILLER, J.P., CRANE, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34023
C/nal
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-11412
Suzanne Galanos, plaintiff, v King Chicken & Stuff, Inc., et al., defendants, Samir H. Abrahim, proposed intervenor.. (Index No. 05-2404)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Dutchess County, dated December 6, 2005, and to stay the enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the motion is otherwise is denied as academic.
CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34020
A/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-08774 Jahkysa Hamilton, et al., respondents, v Jam Roc Café, Inc., appellant. (Index No. 4924/03)
| 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, Queens County, dated August 15, 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.
CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34014
T/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-11385 Law Offices of Anthony Pirrotti, P.C., respondent, v Alan Weissman, defendant, Jack Weissman, appellant. (Index No. 15959/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered October 26, 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.
CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34003
T/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-07111 Lawrence LePurage, respondent, v OVAC, Inc., et al., appellants. (Index No. 7944/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant OVAC, Inc., to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Queens County, dated June 23, 2005, and to enlarge the appellants' time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay the trial in the above-entitled action pending hearing and determination of the appeals is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the appellants' time to perfect the appeals is granted; and it is further,
ORDERED that the appellants' time to perfect the appeals is enlarged until January 19, 2006, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.
CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33924
C/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2005-08380, 2005-11831 Howard Levy, appellant, v Andrew Freeman, et al., respondents. (Index No. 7494/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated July 7, 2005, to deem the notice of appeal from the order to also be a notice of appeal from a judgment of the same court entered August 25, 2005.
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 it is further,
ORDERED that the notice of appeal from the order is deemed to also be a notice of appeal from the judgment (see CPLR 5501[c]).
H. MILLER, J.P., CRANE, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34027
S/nal
GLORIA GOLDSTEIN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
ROBERT J. LUNN, JJ.
|
2004-09555 Lynn Little, appellant, v George S. White, etc., respondent. (Index No. 49250/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated December 15, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated August 19, 2004, on the ground that the appendix fails to include the papers submitted to the Supreme Court, Kings County, which resulted in the order dated August 19, 2004.
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 dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the motion is otherwise denied as academic.
GOLDSTEIN, J.P., MASTRO, SPOLZINO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33952
Y/sl
GLORIA GOLDSTEIN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2005-03744 Sean Meeker, etc., et al., appellants, v Beacon City School District, et al., respondents. (Index No. 1914/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent Colleen Sewing, as parent and natural guardian of Reilly Sewing, to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated March 30, 2005, for failure to timely perfect the same.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
GOLDSTEIN, J.P., MASTRO, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33999
S/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-09591 Zvi Mor, appellant, v Gary R. Fastow, a/k/a Gershon Fastow, et al., respondents.
(Index No. 23178/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated August 22, 2005.
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 it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until December 21, 2005, and the respondents' 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.
CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34037
S/sl
|
2004-10675
Galina Ross, respondent, v Eric M. Ross, appellant.
(Index No. 6989/01)
| 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 a judgment of the Supreme Court, Rockland County, dated November 4, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 27, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33892
A/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
|
2005-01820 Marilyn Scarlett, appellant, v Humphrey Scarlett, respondent.
(Index No. 202521/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Nassau County, entered January 27, 2005, for leave to reargue a motion, in effect, for leave to prosecute the appeal on the original papers or, in the alternative, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, to waive the filing fee, for the assignment of counsel, and to enlarge the time to perfect the appeal, which was determined by decision and order on motion of this court dated October 26, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to reargue that branch of the motion which is for leave to prosecute the appeal on the original papers is granted; and it is further,
ORDERED that upon reargument, that branch of the motion which is for leave to proceed on the original papers is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34040
S/sl
|
2005-04633
Theodore Singer, appellant, v John Neri, et al., respondents. (Index No. 40374/02)
| 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, Kings County, dated September 8, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 8, 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
M33997
E/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-02071 Jeanne Sirgant, respondent, v John J. Sirgant, appellant. (Index No. 2393/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to strike the record on an appeal from a judgment of the Supreme Court, Orange County, dated January 21, 2005, on the ground that the record is incomplete.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to serve and file a reply brief is enlarged until December 30, 2005, and the reply brief must be served and filed on or before that date.
CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33931
C/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2004-08729 Travelers Indemnity Company, et al., respondents, v S.T.S. Fire Prevention, appellant. (Index No. 16755/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - April 2005 Calendar", dated May 10, 2005, as dismissed an appeal from an order of the Supreme Court, Westchester County, entered August 26, 2004, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to deem the appeal withdrawn.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that so much of the decision and order on motion of this court dated May 10, 2005, as dismissed the instant appeal, is recalled and vacated; and it is further,
ORDERED that the appeal is reinstated; and it is further,
ORDERED that the appeal is marked withdrawn.
H. MILLER, J.P., CRANE, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34038
S/sl
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2005-04333
Weinstein, Chayt & Chase, P.C., et al., appellants, v David Breitbart, respondent. (Index No. 48323/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated April 4, 2005.
ORDERED that the application is granted and the appellants' time to serve and file a reply brief is enlarged until January 3, 2006, and the reply brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34002
Y/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-03944, 2005-08318, 2005-10606 Wendy E. Wells, respondent, v David O. Wright, appellant. (Index No. 04-20005)
| DECISION & ORDER ON MOTION |
Motion by the appellant for, among other relief, a preference in the calendaring of appeals from three orders of the Supreme Court, Westchester County, entered March 18, 2005, July 20, 2005, and October 25, 2005, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34022
C/nal
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2004-02463
Howard L. Wexler, respondent-appellant, v Barbara E. Wexler, appellant-respondent. (Index No. 505/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant on an appeal and cross appeal from a judgment of the Supreme Court, Kings County, dated February 11, 2004, to enlarge the time to comply with a decision and order on motion of this court dated October 31, 2005, directing him to provide the attorney for the appellant-respondent with copies of the respondent-appellant's trial exhibits missing from the record.
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 time of the respondent-appellant to comply with the decision and order on motion of this court dated October 31, 2005, directing him to provide the attorney for the appellant-respondent with copies of the respondent-appellant's trial exhibits missing from the record is enlarged until January 19, 2006; and it is further,
ORDERED that the time of the appellant-respondent to serve and file a supplemental record containing those exhibits is enlarged until February 21, 2006; and it is further,
ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal (see 20 NYCRR 670.8[c][3]) on or before March 30, 2006.
CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33958
Y/sl
BARRY A. COZIER, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-09324 Stephan Worko, et al., respondents, v Java Street Realty, Inc., defendant-respondent, Cassone, Inc., appellant (and other titles). (Index No. 76125/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent Java Street Realty, Inc., in effect, to dismiss an appeal from so much of an order of the Supreme Court, Kings County, dated September 8, 2005, as granted its motion for summary judgment dismissing the complaint, cross claims, and counterclaims insofar as asserted against it, on the ground that no appeal lies from an order entered upon the default of the appealing party.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, and so much of the appeal as granted the motion of Java Street Realty, Inc., for summary judgment dismissing the complaint, cross claims, and counterclaims insofar as asserted against it is dismissed, without costs or disbursements (see CPLR 5511).
COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33819
O/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
REINALDO E. RIVERA, JJ.
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2004-10818 In the Matter of Allstate Insurance Company, appellant, v Issac Lichtenstein, respondent; Marie Celestine, et al., proposed additional respondents.
(Index No. 16938/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay an arbitration proceeding pending between the parties, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 21, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied as academic.
ADAMS, J.P., S. MILLER, RITTER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33979
M/nal
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2005-08283 In the Matter of Amber B. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kenneth E. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Jonathan E. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kenneth E. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Kelly E. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kenneth E. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) In the Matter of Ruth E. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kenneth E. (Anonymous), appellant, et al., respondent. (Proceeding No. 4) (Docket Nos. N-4342-04, N-4343-04, N-4344-04, N-4345-04, N-4346-04)
| SCHEDULING ORDER |
Appeal by Kenneth E. from an order of the Family Court, Orange County, dated June 9, 2005. By decision and order on motion of this court dated December 14, 2005, the following attorney was assigned as counsel on the appeal:
Philip C. Schnabel, Esq.
33 Schnabel Lane
Chester, New York 10918
(845) 469-2023
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated December 14, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M33336
S/sl
BARRY A. COZIER, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-06838
In the Matter of Baby Boy B. (Anonymous). Rochelle "Anonymous," et al., petitioners- respondents; Mallory "Anonymous," respondent- appellant; et al., respondent; Glenn Gucciardo, nonparty-appellant. (Docket No. A-58-05)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
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 recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondent-appellant, Mallory "Anonymous", for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated June 24, 2005, as a poor person, and for the assignment of counsel.
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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the nonparty-appellant, the respondent-appellant, and the respondent. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the respondent-appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the respondent-appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal on behalf of the respondent-appellant:
Susan DeNatale, Esq.
501 William Floyd Parkway
Shirley, New York 11967
(631) 902-2001
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
COZIER, J.P., GOLDSTEIN, FISHER, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33977
M/nal
|
2005-09226 In the Matter of Dina Bruemmer, appellant, v Suffolk County Department of Social Services, respondent. (Docket No. V-6899-05)
| SCHEDULING ORDER |
Appeal by Dina Bruemmer from an order of the Family Court, Suffolk County, dated September 20, 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 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until January 16, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33984
M/nal
|
2005-07514 In the Matter of David Ciardullo, appellant, v Marie Ciardullo, respondent. (Docket No. F-03221-03)
| SCHEDULING ORDER |
Appeal by David Ciardullo from an order of the Family Court, Suffolk County, dated June 9, 2005. The appellant's brief was filed in the office of the Clerk of this court on November 7, 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 appellant's time to serve and file a reply brief on the appeal is enlarged until December 27, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33950
Y/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-01450 In the Matter of Comps, Inc., appellant, v Town of Islip, et al., respondents. (Index No. 6949/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to have this court take judicial notice of the availability of certain inventory records maintained by the respondents and Nassau County in connection with an appeal from a judgment of the Supreme Court, Nassau County, entered January 11, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33992
M/nal
|
2005-00418, 2004-00419, 2005-02444, 2005-02445 In the Matter of Robert D. (Anonymous), appellant. (Docket No. D-8075/04)
| SCHEDULING ORDER |
Appeals by Robert D. from four orders of the Family Court, Queens County, two dated July 15, 2004, and two dated December 13, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on November 9, 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 17, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33989
M/nal
|
2005-08797 In the Matter of Cyrenna Dewhurst, appellant, v Commissioner of Social Services, et al., respondents. (Proceeding No. 1) In the Matter of Joshua Hersh, appellant, v Commissioner of Social Services, et al., respondents. (Proceeding No. 2) (Docket Nos. V-5226-00, V-10011-05)
| SCHEDULING ORDER |
Separate appeals by Cyrenna Dewhurst and Joshua Hersh from an order of the Family Court, Westchester County, dated August 24, 2005. By decisions and orders on motions of this court dated December 13, 2005, the appellants' separate motions for leave to prosecute the above-entitled appeal as poor persons were denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellants of the transcripts of the minutes of the proceedings in the Family Court, and the appellants shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellants shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M34039
M/nal
|
2005- 07958
In the Matter of Jasmine G. (Anonymous), respondent; New York City Department of Probation, appellant. (Docket No. D-00067-05)
| 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 Family Court, Kings County, dated August 5, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 23, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33978
M/nal
|
2005-10239
In the Matter of Dorothy Grant, respondent, v Arthur G. Grant, appellant. (Docket No. U-02599-05)
| ORDER TO SHOW CAUSE |
Appeal by Arthur G. Grant from an order of the Family Court, Westchester County, dated October 14, 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 January 6, 2006; 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
M33976
M/nal
|
2005-10950 In the Matter of Devonna F. J. (Anonymous). Administration for Children's Services, respondent; Herbert J. (Anonymous), appellant. (Docket No. N-13219-00/05E)
| SCHEDULING ORDER |
Appeal by Herbert J. from an order of the Family Court, Kings County, dated October 14, 2005. By decision and order on motion of this court dated December 14, 2005, the following attorney was assigned as counsel on the appeal:
Dawn Shammas, Esq.
89-31 161st Street - Suite 605
Jamaica, New York 11435
(917) 609-2975
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated December 14, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M33983
M/nal
|
2005-10654 In the Matter of Lillian D. L. (Anonymous). Suffolk County Department of Social Services, respondent; Dolly L. (Anonymous) appellant. (Docket No. B-1902-05)
| SCHEDULING ORDER |
Appeal by Dolly L. from an order of the Family Court, Suffolk County, dated November 1, 2005. The appellant's brief was filed in the office of the Clerk of this court on December 15, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M33964
C/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
|
2005-08744 In the Matter of Jorge Linares, appellant, v Glenn Goord, etc., respondent. (Index No. 5059/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated August 4, 2005, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, the appeal will be heard on the original papers (including the transcripts of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and the assignment of counsel are denied.
PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33975
M/nal
|
2005-10951, 2005-10952 In the Matter of Lecknold M. (Anonymous). Administration for Children's Services, respondent; Marie M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Evelyn M. (Anonymous). Administration for Children's Services, respondent; Marie M. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-5971-97, N-5973-97)
| SCHEDULING ORDER |
Appeals by Marie M. from two orders of the Family Court, Kings County, both dated September 7, 2005. By decision and order on motion of this court dated December 14, 2005, the following attorney was assigned as counsel on the appeals:
Cheryl Charles-Duval, Esq.
44 Court Street - Suite 909
Brooklyn, New York 11201
(718) 694-8306
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated December 14, 2005, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M33974
M/nal
|
2005-10128 In the Matter of Tirell R. (Anonymous), appellant. (Docket No. E-02252/05)
| SCHEDULING ORDER |
Appeal by Tirell R. from an order of the Family Court, Kings County, dated September 20, 2005. By decision and order on motion of this court dated December 14, 2005, the following attorney was assigned as law guardian on the appeal:
Linda C. Braunsberg, Esq.
370 Powell Street
Staten Island, New York 10312
(718) 317-6614
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the law guardian of the transcripts of the minutes of the proceedings in the Family Court, and the law guardian shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the law guardian shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated December 14, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M33993
M/nal
|
2005-06523 In the Matter of Janice Rogers, appellant, v Andrew Hillman, respondent. (Docket No. V-01431-04)
| SCHEDULING ORDER |
Appeal by Janice Rogers from an order of the Family Court, Westchester County, dated June 6, 2005. By decision and order on motion of this court dated December 13, 2005, the appellant's motion for leave renew a prior motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M33995
M/nal
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-08768, 2005-09062 In the Matter of Flor Elena Rospigliosi, appellant, v Luis E. Abbate, respondent. (Docket No. F-06133-02)
| SCHEDULING ORDER |
Appeals by Flor Elena Rospigliosi from two orders of the Family Court, Queens County, dated January 6, 2005, and July 5, 2005, respectively. 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 February 3, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33982
M/nal
|
2005-10105 In the Matter of Nilynda Ivory S. (Anonymous). Suffolk County Department of Social Services, respondent; Roxanne S. (Anonymous), appellant. (Docket No. N-17306-05)
| SCHEDULING ORDER |
Appeal by Roxanne S. from an order of the Family Court, Suffolk County, dated October 18, 2005. By decision and order on motion of this court dated December 14, 2005, the following attorney was assigned as counsel on the appeal:
Stephen R. Hellman, Esq.
1235 Montauk Highway
Mastic, New York 11950
(631) 395-5500
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated December 14, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M34012
A/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-11673 In the Matter of Shaquana S. (Anonymous), respondent. (Docket No. D-20091/05)
| DECISION & ORDER ON MOTION |
Motion by Shaquana S. for leave to appeal to this court from an order of the Family Court, Queens County, dated December 12, 2005, and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is granted; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order is granted and enforcement of the order dated December 12, 2005, is stayed pending hearing and determination of the appeal or the issuance of a final order of disposition by the Family Court, Queens County.
CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33981
M/nal
|
2005-09479 In the Matter of Robert L. Smith, appellant, v Margaret Kearns, respondent. (Docket No. V-22432-04)
| SCHEDULING ORDER |
Appeal by Robert L. Smith from an order of the Family Court, Suffolk County, dated September 2, 2005. By decision and order on motion of this court dated December 14, 2005, the following attorney was assigned as counsel on the appeal:
Salvatore Adamo, Esq.
PMB 185
414 West Sunrise Highway
Patchogue, New York 11772-2254
(212) 964-7983
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated December 14, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M34007
C/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-11395 In the Matter of Jaileen T. (Anonymous). Suffolk County Department of Social Services, petitioners-respondents, Gloria T. (Anonymous), respondent-respondent; Legal Aid Society of Suffolk County, nonparty-appellant. (Docket No. N-12506-03)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant on an appeal from an order of the Family Court, Suffolk County, dated December 6, 2005, to stay enforcement of the order pending hearing and determination of the appeal, to direct that the subject child not be removed from her current foster home, and to limit visitation between the subject child and the respondent-respondent, Gloria T., to two hours of unsupervised visitation per week, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and pending hearing and determination of the appeal, the enforcement of the order dated December 6, 2005, is stayed, the subject child shall not be removed from her current foster home, and the visitation between the subject child and the respondent-respondent, Gloria T., shall be two hours per week, unsupervised, on condition that the appeal is perfected on or before January 19, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 19, 2006, the court, on its own motion, may vacate the stay and other relief granted above, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the respondents shall serve and file their respective briefs on or before February 21, 2006.
CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34016
T/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-02952 In the Matter of Victor V. (Anonymous), appellant. (Docket No. D-35142/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to serve and file a supplemental brief on an appeal from an order of the Family Court, Kings County, dated January 3, 2005, and cross motion by the respondent to enlarge its time to serve and file a brief.
Upon the papers filed in support of the motion and the cross motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief is granted, and the supplemental brief shall be served and filed on or before January 19, 2006, and the motion is otherwise denied; and it is further,
ORDERED that the cross motion is granted, and the respondent's time to serve and file a brief is enlarged until February 21, 2006, and the respondent's brief shall be served and filed on or before that date.
CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34045
S/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-09923 The People, etc., respondent, v Raymond Burton, appellant. (Ind. No. 02-00045)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated December 19, 2005, in the above-entitled case is amended by deleting from the seventh decretal paragraph thereof the name "George Draadowich", and substituting therefor the name "George Michael Drosdowich".
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34005
S/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2004-02163 The People, etc., respondent, v Patrick Case, appellant. (Ind. No. 3216/02)
| 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 Supreme Court, Kings County, rendered February 9, 2004.
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 23, 2005, and the respondent's brief must be served and filed on or before that date.
CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33934
C/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-04563 The People, etc., respondent, v Erik Holman, appellant. (Ind. No. 03-690)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file an addendum to his assigned counsel's brief on an appeal from a judgment of the County Court, Orange County, rendered May 13, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34044
S/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
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2005-10505, 2005-11706
The People, etc., respondent, v Tully Hyman, appellant.
(Ind. No. 1787/00)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal to this court from (1) an order of the Supreme Court, Queens County, dated July 1, 2005, which denied his motion pursuant to CPL 440.30(1-a), and (2) so much of an order of the same court dated July 15, 2005, as upon reargument, adhered to the prior determination.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as unnecessary as the orders are appealable as of right (see CPL 450.10[5]); and it is further,
ORDERED that on the court's own motion the appellant's motion papers are deemed to be an application pursuant to CPL 460.30 for an extension of time to take appeals from the orders dated July 1, 2005, and July 15, 2005, and the application is granted; and it is further,
ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal.
CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33935
C/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
1999-04230 The People, etc., respondent, v James M. Myron, appellant. (Ind. No. 97-00085)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to participate via teleconference in the oral argument, if any, of an appeal from a judgment of the County Court, Rockland County, rendered March 26, 1999.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34021
A/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2002-10684, 2002-10686 The People, etc., respondent, v John Parisi, appellant.
(Ind. Nos. 1051/01, 1505/01)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on appeals from two judgments of the County Court, Suffolk County, both rendered November 6, 2002.
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 pro se brief shall be served and filed on or before March 10, 2006; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34018
Y/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
|
2005-10508 The People, etc., ex rel. Victor Davis, appellant, v New York State Division of Parole, respondent.
(Index No. 0140/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated September 6, 2005, as a poor person, to waive the filing fee, for free transcripts, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied.
PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34019
Y/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-09917 The People, etc., ex rel. Russell Green, petitioner, v Warden of George R. Vierno Detention Center, respondent.
(Index No. 10213/05)
| 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.
H. MILLER, J.P., ADAMS, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34034
Y/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-08473 The People, etc., ex rel. Jeffrey Hiers, petitioner, v Warden of AMKC Correctional Center, et al., respondents. (Ind. No. 1007/05)
| 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.
COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court