Appellate Division: Second Judicial Department
M34294
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2005-06415
Ted Barnett, et al., respondents-appellants, v Jeffrey L. Schwartz, et al., appellants-respondents. (Index No. 15391/02)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated May 17, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until February 10, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their 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
M34295
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2005-02757
Sharon Callendar, appellant, v Brian J. Wing, et al., respondents. (Index No. 2470/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 3, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34280
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2005-07261
Lina Cataldo, respondent, v Simon Property Group, et al., appellants. (Index No. 8831/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 21, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M34289
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2005-05672
Alberta Colbert, et al., appellants, v Rank America, Inc., et al., respondents. (Index No. 11140/98)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 14, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 8, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34315
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2005-09456
Mary L. Counts, respondent, v New York City Transit Authority, et al., appellants. (Index No. 12700/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated July 11, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34307
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2005-02770 Tyeisha DeLoatch, appellant, v Brian J. Wing, et al., respondents. (Index No. 00448/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 3, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34297
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2005-04201
El Paso Corporation, et al., appellants, v New York State Department of Taxation & Finance, et al., respondents. (Index No. 3436/04)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated April 11, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 31, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34290
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2005-04266
Hanie Eng, et al., appellants, v Michael Sichenzia, et al., defendants, Old Republic National Title Insurance Company, respondent. (Index No. 818/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Putnam County, dated March 24, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 27, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34306
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2005-02760
Ivelis Feliciano, appellant, v Brian J. Wing, et al., respondents. (Index No. 12293/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 3, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34279
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2005-08540
Robert Frankel, et al., plaintiffs-respondents, v R & E Property Corp., et al., defendants, Regency Control, Inc., appellant, Carjor, Inc., etc., defendant-respondent. (Index No. 2408/03)
| 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 May 31, 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
M34282
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2005-08118
John Healy, respondent, v Linsco/Private Ledger Financial Services, appellant. (Index No. 9403/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 20, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34296
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2005-06247
Jules Hoffman, appellant, v Setam Realty Associates, LLC, respondent. (Ind. No. 21104/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated May 5, 2005.
Upon the stipulation of the attorneys for the respective parties, dated December 15, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34304
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2005-08780
International Paper Company, appellant, v Liko Enterprises Co., Inc., et al., respondents. (Ind. No. 60/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated July 20, 2005.
Upon the stipulation of the attorneys for the respective parties, dated December 8, 2005, and December 15, 2005, respectively, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34291
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2005-02284
Carmen I. Lorenzo, respondent, v Mass, Inc., et al., appellants. (Index No. 27079/99)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, entered January 4, 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
M34287
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2005-05648, 2005-10085
James Negvesky, et al., respondents, v United Interior Resources, Inc., et al., defendants, Planned System Integration, Inc., appellant.
(Index No. 20366/04)
| 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 appeals from two orders of the Supreme Court, Queens County, dated April 19, 2005, and August 22, 2005, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 6, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34305
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2005-02733
Linda Palmerton, appellant, v Brian J. Wing, et al., respondents. (Index No. 07767/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 3, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34303
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2005-00926
Carmen Perez, appellant, v Brian J. Wing, et al., respondents. (Index No. 03054/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 3, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34318
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2005-06086, 2006-06090
Regatta Condominium Association, plaintiff- respondent, v Village of Mamaroneck, et al., defendants, Gamut Corigliano, defendant third-party plaintiff-respondent; Oldcastle Precast, Inc., s/h/a Spancrete Northeast, Inc., et al., third-party defendants-appellants, Precon Concrete, Inc., third-party defendant- respondent, et al., third-party defendants. (Index No. 17117/01)
| ORDER ON APPLICATION |
Application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of Supreme Court, Westchester County, dated May 13, 2005, and May 16, 2005, respectively.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until January 6, 2006, and the movant's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellants' reply briefs, if any, shall be served and filed on or before January 27, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34302
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2005-02724
Maritza Rosario, appellant, v Brian J. Wing, et al., respondents. (Index No. 11162/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 3, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34301
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2005-02745
Tasha Shubrick, appellant, v Brian J. Wing, et al., respondents. (Index No. 08830/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 3, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34292
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2005-04637
Laura Sullivan, respondent, v John E. Dawes, et al., appellants. (Index No. 4546/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated April 15, 2005.
ORDERED that the application is granted and the respondent's brief which was submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34288
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2005-05380
Anna Taino, respondent, v City of Yonkers, et al., appellants, et al., defendant. (Index No. 14866/00)
| 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, Westchester County, dated April 20, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 20, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34308
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2005-04675
Emanuel Taveras, plaintiff-respondent, v Barbara J. Conte, et al., appellants, Tom's Auto Refinishing & Collision, Inc., defendant-respondent. (Ind. No. 2510/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Suffolk County, dated April 6, 2005.
Upon the stipulation of the attorneys for the respective parties, dated December 6, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34300
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2005-02714
Frederick Townes, appellant, v Brian J. Wing, et al., respondents. (Index No. 04643/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 3, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34293
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2005-04191
Walden Woods Homeowners' Association, respondent, v David Friedman, appellant, et al., defendants. (Index No. 9622/03)
| 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, Westchester County, dated March 29, 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
M34298
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2005-02729
Mary White, appellant, v Brian J. Wing, et al., respondents. (Index No. 12838/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 3, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34299
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2005-09275
In the Matter of Dawn Barnard, respondent, v Village of Mill Neck Board of Zoning Appeals, respondent, Elizabeth Briguglio, appellant. (Ind. No. 3840/05)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Nassau County, dated August 2, 2005.
Upon the stipulation of the attorneys for the respective parties, dated November 30, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34281
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2005-05904
In the Matter of Christina M. Cassidy, respondent, v Automotive Manufacturing & Supply Company, Inc., appellant. (Index No. 19694/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a decision of the Supreme Court, Suffolk 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
M34277
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A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
DAVID S. RITTER, JJ.
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2003-05744 In the Matter of Amos Weinberg, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; Amos Weinberg, respondent. (Registration No. 1622018)
| DECISION & ORDER ON MOTION |
Motion by the respondent for an "extension of time until December 30, 2005, to transfer all pending matters in his office." By opinion and order of this court dated October 31, 2005, the respondent was suspended from the practice of law for a period of one year, commencing November 30, 2005. The respondent's motion to modify the opinion and order dated October 31, 2005, by revoking the suspension and, instead, publicly censuring the respondent, was denied by decision and order on motion dated December 29, 2005. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 24, 1978.
Upon the papers submitted in support of the motion and no papers having been submitted in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and RITTER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M34070
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WILLIAM F. MASTRO, J.
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2005-10712 The People, etc., plaintiff, v Ron Austin, defendant. (Ind. No. 13701/90)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated October 5, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
WILLIAM F. MASTRO
Associate Justice