Appellate Division: Second Judicial Department
M34147
S/sl
|
2005-06440
Daniel Belfour, etc., et al., respondents, v L&T Sterling Realty, LLC, et al., appellants.
(Index No. 41526/02)
| 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 28, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 3, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34157
O/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-09430 Joseph Bonavoglia, respondent, v Mangal Singh, et al., appellants. (Index No. 22433/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings, including 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
M34046
S/sl
|
2005-04971
Joseph Cammarata, plaintiff, v 40 West 53rd Partnership, et al., defendants, 40 West 53rd Associated Limited Partnership, et al., defendants third-party plaintiffs-appellants; Maintech Devision, et al., third-party defendants-respondents, et al., third-party defendants.
(Index No. 10752/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Richmond County, dated April 18, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 3, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34178
Y/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2004-10553 Bruna DeMarquez, appellant, v Angelo J. Gallo, et al., respondents. (Index No. 13806/98)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike the appellant's brief on an appeal from an order of the Supreme Court, Kings County, dated August 18, 2004, on the ground that it fails to include references to pages in the appendix, (see 22 NYCRR 670.10.3[2][iv]) and 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 motion is granted, and the appellant's brief is stricken; and it is further,
ORDERED that on or before January 6, 2006, the appellant shall serve and file a brief containing references to pages in the appendix; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until February 6, 2006, and the respondents' 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
M34194
S/sl
|
2005-02042
Four 20 Tenants Corp., appellant, v Board of Assessors and/or Assessor of County of Nassau, respondent. (Index No. 20246/98)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated December 22, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 17, 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
M34146
S/sl
|
2005-05373
Nina Fox, plaintiff, v Norris Fox, defendant. (Action No. 1) (Index No. 2565/05) Norris Fox, respondent, v Nina fox, appellant. (Action No. 2) (Index No. 19651/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered May 13, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 6, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34168
S/sl
ROBERT W. SCHMIDT, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-01059, 2005-01060, 2005-01061, 2005-01062 Gladys Frankson, etc., et al., respondents, v Philip Morris, Inc., et al., appellants. (Index No. 24915/00)
| DECISION & ORDER ON MOTION |
MOTION by the respondents on appeals from four orders of the Supreme Court, Kings County, one dated December 1, 2003, and three dated June 22, 2004, respectively, to admit pro hac vice Kenneth Chesebro, Esq., an attorney in good standing in the State of Massachusetts, to represent the respondents on the appeal.
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 Kevin Chesbro, Esq., is admitted pro hac vice to represent the respondents on the appeal.
SCHMIDT, J.P., MASTRO, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34130
S/sl
|
2005-06570
Diane Furey, appellant, v Lester Wallman, et al., respondents. (Index No. 12472/97)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 19, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 26, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34152
S/sl
|
2005-04970
Annette Hyland, appellant, v City of New York, et al., respondents. (Index No. 12424/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated April 21, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 23, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34119
D/sl
|
2005-03647
Domenica Ilardo, appellant, Antonio Ilardo, et al., plaintiffs, v New York City Transit Authority, et al., respondents. (Index No. 26507/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated
March 18, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until January 18, 2006, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34150
S/sl
|
2005-03369
Isaac Katz, respondent, v Tower Insurance Company of New York, et al., appellants. (Index No. 41783/02)
| ORDER ON APPLICATION |
Application by the appellant Silberstein Brokerage, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge its time to serve and file a reply brief on an order of the Supreme Court, Kings County, dated February 18, 2005.
ORDERED that the application is granted and the reply brief of the appellant Silberstein Brokerage, Inc., shall be served and filed on or before January 17, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34108
D/sl
|
2005-06864
Marton Klepp, appellant, v Anita Klepp, respondent. (Index No. 6050/69)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Westchester County, dated June 13, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 30, 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
M34154
S/sl
|
2005-02172
Albert Nassour, respondent, v City of New York, appellant. (Index No. 15989/95)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated November 23, 2004.
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
M34061
C/sl
ANITA R. FLORIO, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-11025 Elena Navikova, appellant, v John Neas, et al., respondents, et al., defendant. (Index No. 3028/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for injunctive relief and to waive the filing fee on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated September 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.
FLORIO, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34197
M/cf
|
2005-11866 New York City Transit Authority, et al., respondents, v Transport Workers Union of America, AFL-CIO, et al., defendants, Local 100 of Transport Workers Union of America, AFL-CIO, appellant. (Index No. 37469/05)
| AMENDED 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, upon the stipulation of the appellant and respondents, the scheduling order dated December 21, 2005, is hereby amended by deleting the fourth and fifth decretal paragraphs thereof, and by substituting therefor the following decretal paragraphs:
ORDERED that the appellant's brief shall be served and filed on or before 10:00 a.m. on Thursday, January 19, 2006; and it is further,
ORDERED that the respondents' answering brief and brief of the amicus curiae shall be served and filed on or before 10:00 a.m. on Thursday, January 26, 2006; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before 10:00 a.m. on Tuesday, January 31, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34062
C/sl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-05605, 2005-08097 Jose Pimentel, et al., appellants, v Tatiana Mesa, respondent, et al., defendant. (Index No. 43950/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 29, 2005, (Appellate Division Docket No. 2005-05605) on the ground that the order has been rendered academic by an order of the same court dated July 29, 2005 (Appellate Division Docket No. 2005-08097).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appeal from the order dated April 29, 2005, is dismissed, on the ground that it was rendered academic by the order dated July 29, 2005; and it is further,
ORDERED that on the court's own motion, the appendix on the appeal from the order dated April 29, 2005, is deemed to be a supplemental record on the appeal from the order dated July 29, 2005.
GOLDSTEIN, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34121
S/sl
|
2005-05611
Nicholas Raffelinni, respondent, v State Farm Mutual Automobile Insurance Company, appellant. (Index No. 30603/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, entered May 4, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 30, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34126
S/sl
|
2005-05784
Marianne Rucano, et al., plaintiffs-respondents, v City of New York, defendant, Time Warner Cable of New York City, defendant third-party plaintiff appellant-respondent, Keyspan Energy Delivery N.Y.C., appellant-respondent, JLJ III Enterprises, Inc., defendant-respondent; Mastec Telcom & Electrical Services, Inc., etc., et al., third-party defendants, Hylan Datacom & Electrical Inc., third-party defendant respondent-appellant, New Hampshire Insurance Company, third-party defendant respondent (and other third-party actions). (Index No. 42908/02)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and a cross appeal from an order of the Supreme Court, Kings County, dated May 10, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeals is enlarged until February 14, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' briefs must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34086
A/sl
ANITA R. FLORIO, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-11271 Town of Riverhead, appellant, v County of Suffolk, respondent.
(Index No. 19734/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enjoin the respondent from utilizing the subject fueling facility located in the Town of Riverhead, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated October 25, 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
M34058
C/sl
ANITA R. FLORIO, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-11405 In the Matter of Simone D. (Anonymous), etc., appellant; Kathleen Iverson, etc., respondent. (Index No. 501166/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the enforcement of an order of the Supreme Court, Queens County, dated November 29, 2005, pending hearing and determination of an appeal therefrom, for a preference in the hearing and determination of the appeal, and for leave to prosecute the appeal on the original record.
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 enforcement of the order pending hearing and determination of the appeal is granted and enforcement of the order dated November 29, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 23, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 23, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
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 a certified transcript of the proceedings, if any) and on the appellant's and the respondents' briefs; the parties 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 branch of the motion which is for a preference in hearing and determination of the appeal is granted and the appeal will be calendared when fully perfected.
FLORIO, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34124
F/
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-07226, 2005-07227
In the Matter of Jayda D.-B. (Anonymous). Administration for Children's Services, respondent; Roger D. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-2482-04) In the Matter of Jeannine B. (Anonymous), o/b/o Jayda D.-B. (Anonymous), et al., respondents, v Roger D. (Anonymous), appellant. (Proceeding No. 2) (Docket No. O-2339-04)
| 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 the decision and order on motion in the above-entitled case dated November 17, 2005, is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Rockland County, dated May 10, 2005, and May 16, 2005, respectively, as a poor person, and for the assignment of counsel.
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 appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. 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 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 appeals, including the Law Guardian, if any, when counsel serves the 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 appeals:
Gary Eisenberg, Esq.
129 Brooks Avenue
Monroe, New York 10950
(914) 782-6715
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals 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 appeals are taken.
ADAMS, J.P., LUCIANO, MASTRO, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34017
F/
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2004-08924 In the Matter of Alicia Beth Falk, respondent, v Mark Charles Owen, appellant. (Docket No. F-13086-03)
| DECISION & ORDER ON MOTION |
Renewed motion by the respondent for leave to defend an appeal from an order of the Family Court, Westchester County, dated August 24, 2004, 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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defendant the appeal:
Joan A. Moo Young, Esq.
180 South Broadway - Suite 203
White Plains, New York 10605
(914) 761-0241
and it is further,
ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.
CRANE, J.P., GOLDSTEIN, LIFSON, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34113
S/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-05594, 2005-05595
In the Matter of David Kenny G. (Anonymous). Administration for Children's Services, et al., respondents; Alba G. (Anonymous), appellant. (Docket N-09080/05)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Family Court, Queens County, dated May 27, 2005, and June 1, 2005, respectively.
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; and it is further,
ORDERED that the stay which was granted by the decision and order on motion of this court dated June 22, 2005, is vacated forthwith.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34144
S/sl
|
2005-03946
In the Matter of Richard Kouns, II, etc., et al., respondents, v Angelo Petrone, etc., appellant. (Index No. 00173/05)
| 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 and judgment (one paper) of the Supreme Court, Westchester County, dated March 28, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 17, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34137
S/sl
|
2005-05138
In the Matter of John Patterson, et al., appellants, v State of New York Office of Children and Family Services, respondent. (Index No. 21508/04)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated March 19, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 27, 2005, and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent's brief shall be served and filed on or before January 31, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34205
S/sl
THOMAS A. ADAMS, J.P.
PETER B. SKELOS
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-06259 In the Matter of Sayville Browning Properties, Inc., respondent, v Town of Brookhaven, et al., appellants. (Index No. 7904-04)
| DECISION & ORDER ON MOTION |
Appeal by the Town of Brookhaven, Building Department of Town of Brookhaven, and Department of Planning, Environment & Development of Town of Brookhaven, from a judgment of the Supreme Court, Suffolk County, dated April 25, 2005. The appeal has not been perfected and the appellants have not sought an enlargement of time to perfect the appeal.
Now, on the court's own motion, it is
ORDERED that 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][2]).
ADAMS, J.P., SKELOS, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34158
O/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-05712 In the Matter of George C. Stankevich, et al., petitioners, v Town of Southold, respondent.
| DECISION & ORDER ON MOTION |
Motion by the petitioners in a proceeding pursuant to EDPL 207 for leave to add an addenda to their reply brief.
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
M34195
S/sl
|
2005-06601
In the Matter of Town of Babylon, et al., appellants, v New York State Department of Transportation, et al., respondents. (Index No. 25100/04)
| ORDER ON APPLICATION |
Application by the respondents New York State Department of Transportation 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, Suffolk County, dated May 10, 2005.
ORDERED that the application is granted, the movant's time to serve and file a brief is enlarged, and the movant's brief which was submitted to the Clerk of this court is accepted for filing; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before January 12, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34153
S/sl
|
2005-09145
In the Matter of Travelers Property Casualty Company, respondent, v Aron Landau, appellant.
(Index No. 2825/05)
| 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 Supreme Court, Orange County, dated August 2, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 28, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34114
D/sl
|
2004-08081
The People, etc., respondent, v Shane Cannon, appellant. (Ind. No. 8640/98)
| 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 August 6, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 20, 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
M34149
S/sl
|
2003-10531
The People, etc., respondent, v Jean Marc DeSmarat, appellant. (Ind. No. 4409/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered November 7, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 6, 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
M34090
A/sl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2004-02731
The People, etc., respondent, v Stanley Eley, appellant. (Ind. No. 2494/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the record on an appeal from a judgment of the Supreme Court, Queens County, rendered March 16, 2004, to include certain materials annexed to the appellant's motion papers as Exhibits A through F.
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
M34116
D/sl
|
2003-06144
The People, etc., respondent, v Duane Fagan, appellant. (Ind. No. 6033/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered November 5, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 10, 2006, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34118
D/sl
|
2003-09009
The People, etc., respondent, v Victor Rivera, appellant. (Ind. No. 6129/00)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 2, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 20, 2006, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court