Appellate Division: Second Judicial Department
M34188
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A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
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2005-03082, 2005-11090 Joan Andre, etc., et al., appellants, v Bonetto Realty Corp., et al., respondents. (Index No. 32703/95)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike portions of the record and the appellants' brief on an appeal from an order of the Supreme Court, Kings County, dated February 8, 2005 (Appellate Division Docket No. 2005-03082), on the ground that they contain or refer to material dehors the record. Cross motion by the appellants to consolidate that appeal with an appeal from an order of the same court dated August 4, 2005 (Appellate Division Docket No. 2005-11090), and to deem the record on the appeal from the order dated February 8, 2005, along with a supplemental record to be filed on the appeal from the order dated August 4, 2005, to be the record on both appeals.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is granted to the extent that the deposition transcript of Marie Andre (at pages 144 through 275) and the Department of Health Reports (at pages 276 through 304), on the record filed under Appellate Division Docket No. 2005-03082, are stricken, and on or before January 31, 2006, the appellants shall remove the above-noted pages from the copies of the record on appeal on file with this court, and the motion is otherwise denied; and it is further,
ORDERED that the cross motion is granted, and, on or before January 31, 2006, the appellants are directed to serve and file a supplemental record which includes the notice of appeal from the order dated August 4, 2005; and it is further,
ORDERED that on the court's own motion the appellants' brief filed under Appellate Division Docket No. 2005-03082 is stricken and, on or before January 31, 2006, the appellants shall serve and file a new brief which includes arguments on both appeals; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until March 3, 2006, and the respondents' brief must be served and filed on or before that date.
PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34321
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2005-06377
Doron Avgush, appellant, v Town of Yorktown, respondent. (Index No. 15641/00)
| 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 12, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 22, 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
M34322
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2005-05100 Carol Damon, respondent, v Michael Damon, appellant. (Index No. 19545/03)
| 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 a judgment of the Supreme Court, Kings County, dated March 21, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 14, 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
M34312
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2005-06381
Patricia Fortunato, et al., appellants, v Personal Woman's Care, P.C., et al., defendants, Michael R. Kessler, etc., et al., respondents. (Index No. 22047/99)
| 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, Suffolk County, dated May 16, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until January 27, 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
M34330
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2005-04075 Peggy Grant, appellant, v County of Nassau, et al., respondents. (Index No. 10566/99)
| 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 a order of the Supreme Court, Nassau County, dated March 23, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 10, 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
M34326
T/sl
PETER B. SKELOS, J.P.
STEVEN W. FISHER
MARK C. DILLON
JOSEPH COVELLO, JJ.
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2005-01338 Imran Hameed, etc., appellant, v 41-50 78th Street Corp., et al., respondents. (Action No. 1) (Index No. 19357/03) 2005-01350 Hameed & Safder Co-Owners, Inc., et al., appellants, v 41-50 78th Street Corp., et al., respondents, et al., defendant. (Action No. 2) (Index No. 29736/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Queens County, both dated January 13, 2005, and to enlarge the time to perfect the appeals.
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 to consolidate the appeals is denied; and it is further,
ORDERED that on the court's own motion, the appeals shall be calendared together, and shall be argued or submitted on the same day; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted; and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged until February 6, 2006, and the records or appendices on the appeals and the appellant's briefs must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
SKELOS, J.P., FISHER, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34335
T/sl
PETER B. SKELOS, J.P.
STEVEN W. FISHER
MARK C. DILLON
JOSEPH COVELLO, JJ.
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2005-11584 Bruce Harris, etc., plaintiff, v City of New York Department of Housing Preservation and Development, defendant. (Index No. 37338/05)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Kings County, dated December 9, 2005, and to stay his eviction from the subject premises 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 branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
SKELOS, J.P., FISHER, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34314
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2005-03649 Kevin W. Hinkson, appellant, v Veda Daughtry-Hinkson, respondent. (Index No. 25257/02)
| 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 an order of the Supreme Court, Kings County, dated April 1, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 31, 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
M34336
T/sl
STEVEN P. FISHER, J.P.
ROBERT A. LIFSON
MARK C. DILLON
JOSEPH COVELLO, JJ.
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2005-00540 Stephen Hutchinson, appellant-respondent, v Clare Rose of Nassau, Inc., et al., respondents- appellants. (Index No. 6228/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent and the respondents-appellants to enlarge the time to perfect an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, dated December 29, 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 the appellant-respondent's time to perfect the appeal is enlarged until January 27, 2006, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; 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]).
FISHER, J.P., LIFSON, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34316
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2005-04942
Carlos Irizarry, et al., appellants, v State of New York, respondent. (Claim No. 107614)
| 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 Court of Claims, dated March 28, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 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
M34324
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2005-00296, 2005-06456
Delphine Lameni, appellant, v Verizon, et al., respondents. (Index No. 3417/02)
| 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, Kings County, dated November 15, 2004, and May 9, 2005, respectively.
ORDERED that the application is granted and the appellant's reply 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
M34325
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2005-03849
Sandra A. Lamont, appellant, v Lane Bryant, Inc., d/b/a Lane Bryant Stores, et al., respondents. (Index No. 5506/02)
| 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, Kings County, dated April 14, 2005.
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
M34320
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2005-06172
Pedro Ortiz, respondent, v Wronski Grzegor, et al., appellants. (Index No. 28753/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 24, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 14, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34334
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2005-04186 John Rodricks, et al., plaintiffs-respondents, v Johanna O'Leary, appellant, Dargan Leasing Corp., Inc., defendant-respondent. (Index No. 3651/02)
| 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 March 22, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 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
M34331
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2005-06970, 2005-10054
Jeannine Smith, respondent, v Leroy Mitchell, et al., appellants. (Index No. 4286/03)
| 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 appeals from two orders of the Supreme Court, Nassau County, dated June 1, 2005, and October 6, 2005, respectively.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 22, 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
M34327
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2005-02322
Sheyna Streletskaya, appellant, v New York City Transit Authority, respondent. (Index No. 36764/03)
| 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, Kings County, dated January 14, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 4, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34323
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PETER B. SKELOS, J.P.
STEVEN W. FISHER
MARK C. DILLON
JOSEPH COVELLO, JJ.
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2005-10563 Nemirel Toussaint, appellant, v Louis Salvadeo, et al., defendants, Immorold Charles, respondent. (Index No. 5567/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Rockland County, dated September 28, 2005, to amend the notice of appeal to reflect that Nemirel Toussaint and not Rudolph Ali is the proper appellant.
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 the notice of appeal is deemed amended (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 NY3d 605).
SKELOS, J.P., FISHER, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34317
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2005-07019, 2005-07752
Carlos Vasquez, appellant-respondent, v Transwestern Lexington, LLC, et al., respondents-appellants; Avian Construction Corp., respondent. (Index No. 15478/01)
| 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 appeals from two orders of the Supreme Court, Kings County, dated June 30, 2005, and May 21, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 12, 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
M34135
M/nal
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2005-04048 In the Matter of Pedro A. (Anonymous), appellant. (Docket No. D-04521-04)
| SCHEDULING ORDER |
Appeal by Pedro A. from an order of the Family Court, Dutchess County, dated January 28, 2005. The appellant's brief was filed in the office of the Clerk of this court on December 13, 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
M34180
M/nal
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2005-09299 In the Matter of Jose L. Archila, respondent, v Suyapa Regalado-Archila, appellant. (Docket No. O-03988-05)
| SCHEDULING ORDER |
Appeal by Suyapa Regalado-Archilia from an order of the Family Court, Westchester County, dated September 1, 2005. By decision and order on motion of this court dated November 29, 2005, the following attorney was assigned as counsel on the appeal:
Charles K. McGoey, Esq.
271 North Avenue - Suite 102
New Rochelle, New York 10801
(914) 633-5593
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 November 29, 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
M34186
M/nal
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2005-10437
In the Matter of Scott N. Artis, respondent, v Yolanda Y. Artis, appellant. (Docket Nos. V-11337-04, V-11338-04)
| ORDER TO SHOW CAUSE |
Appeal by Yolanda Y. Artis from an order of the Family Court, Suffolk County, dated October 17, 2005. By scheduling order dated November 17, 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 17, 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 20, 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
M34313
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2005-05147
Matter of Aveonis Management, Inc., et al., respondents, v Nelson Kranker, et al., appellants. (Index No. 4157/04)
| 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, Dutchess County, dated May 2, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 1, 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
M34181
M/nal
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2005-04817 In the Matter of Maritza Ayuso, appellant, v Mark E. Arduino, Sr., respondent. (Docket Nos. F-00093/00, F-01818/04)
| SCHEDULING ORDER |
Appeal by Maritza Ayuso from an order of the Family Court, Westchester County, dated December 27, 2004. By decision and order on motion of this court dated December 7, 2005, the appellant's motion for leave reargue 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 10 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 10 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
M34184
M/nal
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2005-10418
In the Matter of Damaris B. (Anonymous), respondent, v Edilberto E. (Anonymous), appellant. (Docket No. P-05417/05)
| ORDER TO SHOW CAUSE |
Appeal by Edilberto E. from an order of the Family Court, Kings County, dated September 26, 2005. By scheduling order dated November 15, 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 15, 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 20, 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
M34176
M/nal
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2005-07002
In the Matter of Jason Brian B. (Anonymous). Administration for Children's Services, petitioner-respondent; Rachel B. (Anonymous), appellant, et al., respondent. (Docket No. N-11328-00)
| ORDER TO SHOW CAUSE |
Appeal by Rachel B. from an order of the Family Court, Queens County, dated April 18, 2005. By scheduling order dated October 28, 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) 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 October 28, 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 20, 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
M34177
M/nal
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2005-07004
In the Matter of Jason Brian B. (Anonymous). Ohel Children's Home and Family Services, petitioner-respondent; Rachel B. (Anonymous), appellant, et al., respondent. (Docket No. B-528/04)
| ORDER TO SHOW CAUSE |
Appeal by Rachel B. from an order of the Family Court, Queens County, dated May 18, 2005. By scheduling order dated October 28, 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) 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 October 28, 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 20, 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
M34328
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PETER B. SKELOS, J.P.
STEVEN W. FISHER
MARK C. DILLON
JOSEPH COVELLO, JJ.
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2005-05467 In the Matter of Chi-Am Realty, LLC, petitioner-respondent, v Robert Guddahl, et al., appellants, et al., respondents.
(Index No. 98167/02)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-respondent to dismiss an appeal, by permission, from a judgment of the Appellate Term, Second and Eleventh Judicial Districts, dated March 1, 2005, on the ground that the record on appeal is incomplete, or, in the alternative, to direct the appellants to serve and file a supplemental record containing the exhibits introduced at trial in the above-entitled action which are annexed to the petitioner-respondent's motion as exhibit E, and to enlarge its time to serve and file a brief.
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 to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to direct the appellants to serve and file a supplemental record containing the exhibits introduced at trial which are annexed to the petitioner-respondent's motion as exhibit E is granted, and on or before January 28, 2006, the appellants are directed to serve and file a supplemental record containing the exhibits introduced into evidence at the trial in the above-entitled action which are annexed to the petitioner-respondent's motion as exhibit E; and it is further,
ORDERED that the branch of the motion which is to enlarge the petitioner-respondent's time to serve and file a brief is granted, and the petitioner-respondent's time to serve and file a brief is enlarged until February 28, 2006, and the petitioner-respondent's brief shall be served and filed on or before that date.
SKELOS, J.P., FISHER, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34179
M/nal
|
2005-10591
In the Matter of Commissioner of Social Services, o/b/o Dana Bolden, respondent, v Gary Bolden, appellant. (Docket No. F-01658-05)
| ORDER TO SHOW CAUSE |
Appeal by Gary Bolden from an order of the Family Court, Orange County, dated September 1, 2005. By scheduling order dated November 17, 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) 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 17, 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 20, 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
M34183
M/nal
|
2005-10361
In the Matter of Christopher DiPasquale, appellant, v Marion Atwater, respondent. (Docket No. F-3829-04)
| ORDER TO SHOW CAUSE |
Appeal by Christopher DiPasquale from an order of the Family Court, Rockland County, dated September 19, 2005. By scheduling order dated November 15, 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 15, 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 20, 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
M34182
M/nal
|
2005-05004, 2005-05008 In the Matter of Daqwuan G. (Anonymous). Administration for Children's Services, petitioner-respondent; Danette E. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Tahjae G. (Anonymous). Administration for Children's Services, petitioner-respondent; Danette E. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. N-28078-02, N-28079-02)
| SCHEDULING ORDER |
Appeals by Danette E. from two orders of the Family Court, Kings County, dated February 7, 2005, and April 22, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on December 21, 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
M34134
M/nal
ANITA R. FLORIO, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2004-09207 In the Matter of Edward Grassi, respondent, v Janice Grassi, appellant. (Proceeding No. 1) In the Matter of Edward Grassi, respondent, v Jan Grassi, a/k/a Janice Grassi, appellant. (Proceeding No. 2) In the Matter of Janice Grassi, appellant, v Edward Grassi, respondent. (Proceeding No. 3) (Docket Nos. V-15426-02, V-15427-02)
| SCHEDULING ORDER |
Appeal by Janice Grassi from an order of the Family Court, Nassau County, dated September 14, 2004. The appellant's brief was filed in the office of the Clerk of this court on October 26, 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 time of the respondent to serve and file a brief on the appeal is enlarged until January 17, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34187
M/nal
|
2005-05371, 2005-05372 In the Matter of Laquan H. (Anonymous), appellant. (Docket No. E-00305-05)
| SCHEDULING ORDER |
Appeals by Laquan H. from two orders of the Family Court, Queens County, dated May 3, 2005, and May 9, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on December 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 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
M34191
M/nal
|
2005-07639, 2005-07640, 2005-07641 In the Matter of Inder Kainth, appellant, v Pritpal Kainth, respondent. (Docket No. F-1506-00)
| SCHEDULING ORDER |
Appeals by Inder Kainth from three orders of the Family Court, Suffolk County, all dated June 17, 2005. By decision and order on motion of this court dated December 16, 2005, the following attorney was assigned as counsel on the appeals:
Anna Martin, Esq.
250 Montauk Highway
East Moriches, New York 11940
(631) 878-3352
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 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 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 16, 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 Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M34189
M/nal
|
2005-04769 In the Matter of Edwin Morales, appellant, v Evelyn Bruno, respondent. (Docket Nos. V-38/00, V-39/00)
| SCHEDULING ORDER |
Appeal by Edwin Morales from an order of the Family Court, Kings County, dated April 23, 2005. The appellant's brief was filed in the office of the Clerk of this court on December 19, 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
M34190
M/nal
|
2005-04812, 2005-04815 In the Matter of Nonyem C. Onuoha, appellant, v Roland E. Onuoha, respondent. (Proceeding No. 1) In the Matter of Roland E. Onuoha, respondent, v Nonyem C. Onuoha, appellant. (Proceeding No. 2) (Docket Nos. O-18746-04, O-19932-04)
| SCHEDULING ORDER |
Appeals by Nonyem C. Onuoha from two orders of the Family Court, Queens County, both dated April 12, 2005. The appellant's brief was filed in the office of the Clerk of this court on December 19, 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
M34132
M/nal
ANITA R. FLORIO, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2004-10067 In the Matter of Ini S. (Anonymous). Administration for Children's Services, petitioner-respondent; Silva S. (Anonymous), et al., respondents; Steven Banks, etc. nonparty-appellant. (Proceeding No. 1) (Docket No. N-16271/01) In the Matter of Ice S. (Anonymous). Administration for Children's Services, petitioner-respondent; Silva S. (Anonymous), et al., respondents; Steven Banks, etc. nonparty-appellant. (Proceeding No. 2) (Docket No. N-11564/02)
| SCHEDULING ORDER |
Appeal by the law guardian from an order of the Family Court, Queens County, dated November 12, 2004. 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 9, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34185
M/nal
|
2005-10402 In the Matter of Ricardo Shaw, respondent, v LaDonnesier Shaw, appellant. (Docket No. U-3347-04)
| SCHEDULING ORDER |
Appeal by LaDonnesier Shaw from an order of the Family Court, Kings County, dated June 23, 2005. By decision and order on motion of this court dated December 19, 2005, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were 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
M34127
M/nal
ANITA R. FLORIO, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-05194 In the Matter of Donna Terjesen, respondent, v Andrew Terjesen, appellant. (Docket No. F-1304-01)
| SCHEDULING ORDER |
Appeal by Andrew Terjesen from an order of the Family Court, Richmond County, dated May 6, 2005. The appellant's brief was filed in the office of the Clerk of this court on October 31, 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; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34128
M/nal
ANITA R. FLORIO, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-03051 In the Matter of Alice Treadwell, respondent, v Keith Treadwell, Sr., appellant. (Docket No. V-3137/95)
| SCHEDULING ORDER |
Appeal by Keith Treadwell, Sr., from an order of the Family Court, Suffolk County, entered March 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 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 20, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34333
D/sl
|
2005-07717
In the Matter of Ruth Vasquez, appellant, v New York City Housing Authority, respondent. (Index No. 35966/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 7, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 28, 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
M32794
F/
DANIEL F. LUCIANO, J.
|
2005-07614 The People, etc., plaintiff, v Reuben Bramble, defendant. (Ind. No. 4257/03)
| 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 June 22, 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.
DANIEL F. LUCIANO
Associate Justice
Appellate Division: Second Judicial Department
M34310
D/sl
|
2004-03461 The People, etc., respondent, v Sammie Curtis, appellant. (Ind. No. 32/03)
| 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 a judgment of the County Court, Dutchess County, rendered April 13, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 11, 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
M34309
D/sl
|
2004-02280 The People, etc., respondent, v Renee Dasque, appellant. (Ind. No. 3311/01)
| 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, Queens County, rendered March 15, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 11, 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
M34311
D/sl
|
2005-06898
The People, etc., appellant, v Amin Kobas, et al., respondents. (Ind. No. 1855/05)
| ORDER ON APPLICATION |
Application by the respondent Ahmed Moghaless 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 27, 2005.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until February 14, 2006, and the movant'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
M34319
D/sl
|
2003-11247
The People, etc., respondent, v Sean Pritchett, appellant. (Ind. No. 5609/95)
| 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, Queens County, rendered December 18, 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
M33631
T/sl
STEPHEN G. CRANE, J.P.
DANIEL F. LUCIANO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2005-08276 The People, etc., respondent, v Isaac Ray, appellant. (Ind. No. 1301/04)
| DECISION & ORDER ON MOTION |
Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Nassau County, rendered April 26, 2005, for leave to prosecute the appeal 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 or relation thereto, it is
ORDERED that the motion is denied.
CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court