Appellate Division: Second Judicial Department
M34098
CF/
|
2005-09984 Anonymous 4, respondent, v Anonymous 4, appellant. (Index No. 200138/05)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated August 26, 2005.
Upon the stipulation of the parties, dated December 12, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34049
S/nl
|
2005-05051 Christine Newborn Arias, et al., appellants, v State of New York, respondent. (Claim No. 97942)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Court of Claims dated April 27, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 19, 2006, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34074
CF/
|
2005-07887 Bong Hyang Oh, et al., respondents, v Atkinson Freight Lines Corp., et al., appellants. (Index No. 4016/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 22, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M34047
S/nl
|
2005-06474 Jorge Campoverde, respondent, v Bruckner Plaza Associates, L.P., et al., appellants, et al., defendant. (and a third-party action). (Index No. 29204/00)
| ORDER ON APPLICATION |
Applications by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated May 27, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until March 6, 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34055
S/nl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-05928 Jean Cantave, appellant, v Philip R. Baldeo, et al., respondents. (Index No. 30787/01)
| DECISION & ORDER ON APPLICATION |
Application by Philip R. Baldeo and James Manbahal to be substituted as respondents in place of the respondent Dimitrios Karagiannis, on an appeal from a judgment of the Supreme Court, Queens County, dated March 31, 2005.
Upon the stipulation of the parties, it is
ORDERED that the application is granted and Philip R. Baldeo and James Manbahal are substituted as respondents in place of the respondent Dimitrios Karagiannis in the above-entitled appeal, and the caption has been amended accordingly.
PRUDENTI, P.J., FLORIO, H., MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34076
CF/
|
2005-07955 Carri Chicurel, et al., respondents, v Thyssenkrupp Elevator Corp., d/b/a Dover Elevator Co., appellant. (Index No. 18229/03)
| 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 12, 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
M34072
CF/
|
2005-07190 Delegation of the European Commission, appellant, v Edward J. Manousoff, respondent. (Index No. 17404/03)
| 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 June 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
M34053
S/nl
|
2005-06649 Jane Doe, etc., appellant, v County of Westchester, et al., respondents. (Index No. 16362/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated May 23, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 27, 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
M34057
E/nl
ANITA R. FLORIO, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-10969 Five Manhattan, LLC, respondent, v Sea Crest Trading of Connecticut, Inc., et al., defendants, Madison E. 132 Realty, LLC, nonparty-appellant. (Index No. 28994/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated October 31, 2005, in effect, to stay enforcement of the order and a judgment of the same court dated February 15, 2005, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34054
Y/nl
ANITA R. FLORIO, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-10240, 2005-11639 Eli Gerstner, respondent, v Abe "Ave" Katz, et al., appellants. (Index No. 18555/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a decision of the Supreme Court, Kings County, dated July 20, 2004, and two orders of the same court dated September 20, 2005, and December 6, 2005, respectively, for leave to appeal from the decision, and to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are for a stay and for leave to appeal from the decision are denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals from the orders is denied as unnecessary as those appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and is is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34093
CF/
|
2005-05061 David Jenkins, appellant, v New York City Health & Hospitals Corp., respondent, et al., defendants. (Index No. 10837/04)
| 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 February 24, 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
M34059
Y/nl
ANITA R. FLORIO, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-09862 James Kalousdian, appellant, v Denise Kalousdian, respondent. (Index No. 05-03715)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated September 8, 2005, pending hearing and determination of an appeal therefrom.
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., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34060
E/nl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-11154 Anthony Landi, et al., respondents, v Richmond Partners, et al., appellants, et al., defendant. (Index No. 14105/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Richmond County, dated October 21, 2005, to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of the appeal and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
GOLDSTEIN, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34051
O/nl
ANITA R. FLORIO, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-07191, 2005-11348 Mortgage Electronic Registration Systems, Inc., respondent, v Maxie Judon, defendant, Denise Anderson, appellant. (Index No. 20568/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from a judgment of the Supreme Court, Westchester County, entered October 31, 2005, and an order of the same court dated June 28, 2005, to stay enforcement of the judgment pending hearing determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the notice of appeal from the order dated October 31, 2005, is deemed to be a notice of appeal from the judgment entered October 31, 2005 (see CPLR 5512).
FLORIO, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34138
M/nl
|
2005-11866 New York City Transit Authority, et al., respondents, v Transport Workers Union of America, AFL-CIO, defendants, Local 100 of Transport Workers Union of America, AFL-CIO, appellant. (Index No. 37469/05)
| SCHEDULING ORDER |
Appeal by Local 100 of Transport Workers Union of America, AFL-CIO, from an order of the Supreme Court, Kings County, dated December 20, 2005, as amended December 21, 2005. Pursuant to § 670.4(a)(1) of the Rules of this court (22 NYCRR 670.4[a][1]), it is
ORDERED that the above-entitled appeal is assigned to the Active Case Management Program; and it is further,
ORDERED that the application of the City of New York by its Corporation Counsel, Michael A. Cardozo, for leave to serve and file a brief amicus curiae is granted; and it is further,
ORDERED that the appeal shall be heard on the original papers, including the settled transcript of the proceedings leading to the order appealed from; and it is further,
ORDERED that upon consultation with and at the request of the attorneys for the parties and the amicus curiae, the briefs of said parties and amicus shall be served and filed on or before 10:00 a.m. on Tuesday, December 27, 2005; and it is further,
ORDERED that the above-entitled appeal is placed on the calendar at 10:00 a.m. on Wednesday, December 28, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34087
T/nl
ANITA R. FLORIO, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-11564 149-56 14th Avenue, LLC, respondent, v Metro Oil, appellant. (Index No. 14519/03)
| 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 November 23, 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., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34079
CF/
|
2005-07713 Kathleen A. Patterson, appellant, v L. I. Tech Construction Corp., respondent. (Index No. 9878/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Suffolk County, dated June 27, 2005.
Upon the stipulation of the parties, dated December 13, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34025
M/nal
|
2005-08352
Salvatore Piliere, appellant, v Deborah Nocilla, respondent. (Index No. 09483/04)
| ORDER TO SHOW CAUSE |
Appeal by Salvatore Piliere from an order of the Supreme Court, Suffolk County, dated August 10, 2005. The transcripts were received by the appellant on October 4, 2005, and pursuant to the scheduling order of this court dated September 23, 2005, the appeal in the above-entitled proceeding was to be perfected within 60 days of the date of the receipt of the transcripts. The appeal has not been perfected. 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 September 23, 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 9, 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
M34077
CF/
|
2005-08112 John Schieck, et al., appellants, v Seven Stars Chinese Restaurant, et al., respondents. (Index No. 33289/02)
| 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 July 11, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34056
T/nl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-11141, 2005-11143 Debra Weissman, appellant, v Ronald Weissman, respondent. (Index No. 7453/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, dated November 23, 2005, and November 28, 2005, respectively, inter alia, to stay the entry of judgment on the orders.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from so much of the order dated November 23, 2005, as granted the respondent's motion for an award of an attorney's fee to the extent of directing an evidentiary hearing is dismissed, without costs or disbursements, as no appeal lies as of right from an order which directs a hearing to aid in the disposition of a motion and we decline to grant leave to appeal (see Bagdy v Progresso Foods Corp., 86 AD2d 589); and it is further,
ORDERED that on the court's own motion, the appeals from the remaining portions of the order dated November 23, 2005, and the appeal from the order dated November 28, 2005, are dismissed, without costs or disbursements, as those orders were superseded by a judgment of the same court entered November 29, 2005, without prejudice to the appellant taking an appeal from the judgment dated November 29, 2005; and it is further,
ORDERED that the branch of the motion which is to stay entry of the judgment is denied as academic, as the judgment has been entered; and it is further,
ORDERED that the motion is otherwise denied as academic in light of our determination of the motion.
GOLDSTEIN, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34041
M/nal
|
2005-10125, 2005-10127
In the Matter of Tarrel William B. (Anonymous), a/k/a Tarrel B. (Anonymous), a/k/a Tarrell B. (Anonymous). Little Flower Children's Services, respondent; Lekitia W.(Anonymous), a/k/a Lekitia B. (Anonymous), a/k/a Lekitia McK. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Tamaine William B. (Anonymous), a/k/a Tamaine B. (Anonymous), a/k/a Tamaine McK. (Anonymous), a/k/a Tamaine W. (Anonymous). Little Flower Children's Services, respondent; Lekitia W.(Anonymous), a/k/a Lekitia B. (Anonymous), a/k/a Lekitia McK. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-76-05, B-77-05)
| ORDER TO SHOW CAUSE |
Appeals by Lekitia W. from two orders of the Family Court, Kings County, both dated September 27, 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 9, 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
M34050
S/nl
|
2005-03093 In the Matter of John DeSilva, appellant, v New York State Division of Housing & Community Relations, respondent. (Index No. 599/05)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated March 16, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 19, 2006, and respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32949
M/nal
|
2005-03174, 2005-08541 In the Matter of Evan F. (Anonymous). Orange County Department of Social Services, respondent;George F. (Anonymous), appellant. (Docket No. N-5416-04)
| SCHEDULING ORDER |
Appeals by George F. from two orders of the Family Court, Orange County, dated February 22, 2005, and July 15, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on November 22, 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 appeals, 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
M34029
M/nal
|
2005-04981 In the Matter of Maria G. (Anonymous). Administration for Children's Services, petitioner-respondent; Marcos G. (Anonymous), respondent-respondent; Steven Banks, etc., nonparty-appellant. (Docket No. N- 00927-01)
| SCHEDULING ORDER |
Appeal by law guardian from an order of the Family Court, Queens County, dated May 23, 2005. The appellant's brief was filed in the office of the Clerk of this court on December 8, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M34032
M/nal
|
2005-05931 In the Matter of Joanne Garland, respondent, v George Garland, appellant. (Docket No. F-161-01)
| SCHEDULING ORDER |
Appeal by George Garland from an order of the Family Court, Nassau County, dated May 25, 2005. The appellant's brief was filed in the office of the Clerk of this court on December 8, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M34028
M/nal
|
2005-03691 In the Matter of Otis Harrell, appellant, v Alice Treadwell, respondent. (Docket No. V-4321-01)
| SCHEDULING ORDER |
Appeal by Otis Harrell from an order of the Family Court, Suffolk County, entered March 15, 2005. The appellant's brief was filed in the office of the Clerk of this court on November 18, 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 appeal is enlarged until January 16, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34043
O/nl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
FRED T. SANTUCCI
MARK C. DILLON, JJ.
|
2005-06104 In the Matter of Halime Kurkcu, appellant, v Ayse Cokyuksel, respondent. (Index No. O-18368/04)
| DECISION & ORDER ON MOTION |
Renewed motion by the respondent pro se on an appeal from an order of the Family Court, Queens County, dated May 19, 2005, for leave to defend an appeal from an order of the Family Court, Queens County, dated May 19, 2005, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied, with leave to renew on or before January 9, 2006, upon proper papers, including the respondent's affidavit setting forth the respondent's full financial situation including all assets, both real and personal, as well as the equity value of her home.
CRANE, J.P., GOLDSTEIN, SANTUCCI and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34035
M/nal
|
2005-07947 In the Matter of Melissa M. (Anonymous). Orange County Department of Social Services, respondent; Marianne M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jonathan M. (Anonymous). Orange County Department of Social Services, respondent; Marianne M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Zachary M. (Anonymous). Orange County Department of Social Services, respondent; Marianne M. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Gage M. (Anonymous). Orange County Department of Social Services, respondent; Marianne M. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Devin M. (Anonymous). Orange County Department of Social Services, respondent; Marianne M. (Anonymous), appellant. (Proceeding No. 5) (Docket Nos. B-6287/04, B-6288/04, B-6289/04, B-6290/04, B-6291/04)
| SCHEDULING ORDER |
Appeal by Marianne M. from an order of the Family Court, Orange County, dated July 8, 2005. By decision and order on motion of this court dated December 7, 2005, the following attorney was assigned as counsel on the appeal:
Richard L. Herzfeld, Esq.
555 5th Avenue, 14th floor
New York, New York 10017
(212) 818-9019
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 7, 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
M34033
M/nal
|
2005-03638, 2005-03639 In the Matter of William M. (Anonymous). Westchester County Department of Social Services, respondent; Lisa M. (Anonymous), a/k/a Lisa C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Ella M. (Anonymous). Westchester County Department of Social Services, respondent; Lisa M. (Anonymous), a/k/a Lisa C. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Hunter M. (Anonymous). Westchester County Department of Social Services, respondent; Lisa M. (Anonymous), a/k/a Lisa C. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-15568-03, N-10951-04, N-10952-04, NA-11453-04)
| SCHEDULING ORDER |
Appeals by Lisa M., a/k/a Lisa C. from two orders of the Family Court, Westchester County, both dated March 14, 2005. The appellant's brief was filed in the office of the Clerk of this court on December 8, 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 appeals, 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
M34026
M/nal
|
2005-09810
In the Matter of Ann Puff, respondent, v Vincent R. Scafidi, appellant. (Docket No. F-00271-97)
| ORDER TO SHOW CAUSE |
Appeal by Vincent R. Scafidi from an order of the Family Court, Westchester 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 January 9, 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
M34024
M/nal
|
2005-03765 In the Matter of Jennifer R. (Anonymous). Suffolk County Department of Social Services, respondent; Steven R. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Steven R. (Anonymous). Suffolk County Department of Social Services, respondent; Steven R. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket Nos. B-11328-03, B-11329-03, B-11334-03, B-11335-03)
| SCHEDULING ORDER |
Separate appeals by Steven R. And Gordana K. from an order of the Family Court, Suffolk County, dated January 31, 2005. The brief of the appellant Gordana K. was served and filed on December 9, 2005, and the brief of the appellant Steven R. was served and filed on December 12, 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
M34031
M/nal
|
2005-03775 In the Matter of Jonathan R. (Anonymous). Seaman's Society for Children and Families, petitioner-respondent; Michael R. (Anonymous), appellant; et al., respondent. (Docket No. B-5276-04)
| SCHEDULING ORDER |
Appeal by Michael R. from an order of the Family Court, Richmond County, dated April 12, 2005. The appellant's brief was filed in the office of the Clerk of this court on December 2, 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
M34102
CF/
|
2005-09134
In the Matter of Amia S. (Anonymous). Westchester County Department of Social Services, respondent; Uniqua S. (Anonymous), appellant. (Docket No. N-15057-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Westchester County, dated August 29, 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
M34030
M/nal
|
2005-08280 In the Matter of Gisela Strom, appellant, v Peter Lomtevas, respondent. (Docket No. F-14745/03)
| SCHEDULING ORDER |
Appeal by Gisela Strom from an order of the Family Court, Queens County, dated August 10, 2005. The appellant's brief was filed in the office of the Clerk of this court on December 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 brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M34048
S/nl
|
2005-00410 In the Matter of Reginald Washington, petitioner, v Donald Selsky, respondent. (Index No. 4247/04)
| ORDER ON APPLICATION |
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated January 7, 2005.
ORDERED that the application is granted and the petitioner's time to perfect the proceeding by causing the original papers constituting the record to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief is enlarged until January 26, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34052
S/nl
|
2005-10922 In the Matter of Leonard Weiss, et al., petitioners, v Mauro Gabriele, et al., respondents. (Index No. 13013/04)
| ORDER ON APPLICATION |
Application by the petitioners pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, dated March 16, 2005.
ORDERED that the application is granted and the petitioners' time to perfect the proceeding is enlarged until February 21, 2006, and the record or appendix on the proceeding and the petitioners' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M33996
D/nl
ANITA FLORIO, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2004-06682 The People, etc., respondent, v Robert Moore, appellant. (Ind. No. 241/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated December 15, 2005, in the above-entitled action is amended by deleting from the first decretal paragraph thereof the date "February 17, 2005," and substituting therefor the date "February 17, 2006."
FLORIO, J.P., MASTRO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court