Appellate Division: Second Judicial Department
M34416
CF/
|
2005-08439 Josephine Abreu, appellant, v Shazim Azad Khan, respondent. (Index No. 16213/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 10, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M34487
O/sl
STEVEN W. FISHER, J.P.
ROBERT A. LIFSON
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2005-06440 Daniel Belfour, et al., respondents, v L&T Sterling Realty, LLC, et al., appellants.
(Index No. 41526/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 28, 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.
FISHER, J.P., LIFSON, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34498
O/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2005-08742 Luciana Bianchini, respondent, v Jason Cotterell, appellant. (Index No. 37409/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated August 22, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until February 6, 2006, and the 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.
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34410
CF/
|
2005-08707 Fode Camara, respondent, v Enterprise Rent A Car Company, et al., defendants, Oumar Traore, et al., appellants. (Index No. 19504/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 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
M34402
CF/
|
2005-04642
Carlos J. Colon, plaintiff, v Manhattan and Bronx Surface Transit Operating Authority et al., appellants, City of New York defendant third-party plaintiff-respondent, et al., defendant; Welsbach Electric Corp., third-party defendant- respondent. (Action No. 1) (Index No. 25062/02) Newton O. Branch, plaintiff, v New York City Transit Authority, defendant third-party plaintiff- appellant, Welsbach Electric Corp., defendant second-third party defendant-respondent, Ernesto Burgos, defendant-appellant; City of New York, third-party defendant/second-third party-plaintiff respondent. (Action No. 2)
(Index No. 13312/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants Manhattan and Bronx Surface Transit Operating Authority and Ernesto Burgos to withdraw their appeal from a judgment of the Supreme Court, Kings County, dated January 10, 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 by Manhattan and Bronx Surface Transit Operating Authority and Ernesto Burgos is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34421
CF/
|
2005-02231 Steven Connolly, appellant, v Vertical Lend, Inc., respondent. (Index No. 629/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Suffolk County, dated February 1, 2005.
Upon the stipulation of the parties, dated December 19, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34419
CF/
|
2005-04528 Eileen DeGregorio, respondent, v Joel C. Bender, et al., defendants, Curtis & Associates, P.C., appellant. (Index No. 993/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 30, 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
M34426
CF/
|
2005-02971 ESI-97, plaintiff-respondent, v Beehive Ventures, Inc., defendant-respondent, Ridgewood Savings Bank, et al., defendants; We Buy Now, LLC, nonparty appellant; Andrew M. Romano, etc., nonparty. (Index No. 9189/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Westchester County, dated February 15, 2005.
Upon the stipulation of the parties, dated December 22, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34425
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-02121 Steven Farrell, et al., appellants-respondents, v Panagiotis Sitaras, respondent-appellant, et al., defendants. (Index No. 44580/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents for leave to reargue an appeal and cross appeal from an order of the Supreme Court, Kings County, dated January 28, 2004, which were determined by decision and order of this court dated October 11, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34458
L/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2005-05807
Andrea Fonville, respondent, v Timothy Shepherd, appellant. (Index No. 10356/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 6, 2005.
Upon the stipulation of the attorneys for the respective parties, dated December 22, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
H. MILLER, J.P., ADAMS, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34445
S/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
DAVID S. RITTER
REINALDO E. RIVERA, JJ.
|
2005-03791, 2005-03794, 2005-03795 Alan N. Gagnon, et al., plaintiffs, v Hamlet On Olde Oyster Bay, LLC, et al., defendants third-party plaintiffs-appellants; Newbridge Electric of Long Island Corp., third-party defendant-respondent (and other third-party actions). (Index No. 17945/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two judgments of the Supreme Court, Nassau County, dated November 22, 2004, and December 3, 2004, respectively, and an interlocutory judgment of the same court entered December 9, 2004, to dismiss the appeal from the interlocutory judgment entered December 9, 2004, on the ground that the appeal was not timely taken. By decision and order on motion dated June 21, 2005, the matter was remitted to the Supreme Court, Nassau County, to hear and report on if and when the interlocutory judgment dated December 9, 2004, was served with notice of entry upon counsel for the defendants third-party plaintiffs-appellants, and the motion was held in abeyance in the interim. The Supreme Court, Nassau County, has filed its report. Application by the appellants pursuant to 22 NYCRR 670.8[d][2] to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the application and the papers filed in opposition thereto, and upon the report of the Supreme Court, Nassau County, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, the appellants' time to perfect the appeals is enlarged until February 21, 2006, and the record or appendix on the appeals and the appellants' brief shall be served and filed on or before that date.
FLORIO, J.P., H. MILLER, RITTER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34415
CF/
|
2005-10248 Anthony T. Herriot, respondent, v FDS, et al., appellants. (Index No. 4443/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 28, 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
M34417
CF/
|
2005-04923 Jon Honkala, et al., respondents, v Lee E. Gibson Construction Company, Inc., et al., appellants. (Index No. 6678/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated March 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
M34448
CF/
|
2005-05185 IBM, et al., appellants, v Resun Leasing, Inc., et al., defendants, CNA Insurance Company, respondent. (Index No. 133/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated April 18, 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
M34432
S/sl
|
2005-06768
Lori Kalinka, etc., respondent, v Saint Francis Hospital, etc., et al., respondents-appellants, Courtney A. Martin, appellant-respondent, et al., defendants. (Index No. 1003/03)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated June 9, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until February 8, 2006, and the joint record or appendix on 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 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
M34437
S/sl
|
2005-07143, 2005-08513
Kelvin Lucero, etc., appellant, v New York City Health and Hospitals Corporation (Elmhurst Hospital Center), respondent. (Index No. 5665/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Queens County, dated June 14, 2005, and an order of the same court dated July 27, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until March 6, 2006, and the record or appendix on the appeals 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
M34427
S/sl
|
2005-03468
Bipasha Monir, appellant, v Muslima J. Khandakar, etc, respondent. (Index No. 10264/02)
| 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, Queens County, dated February 25, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 13, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34365
S/sl
|
2005-02543
Tobie O'Connor, respondent-appellant, v Mark S. O'Connor, appellant-respondent. (Index No. 204389/01)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated January 25, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, on or before January 10, 2006 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34455
S/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2005-07498 People of the State of New York, etc., respondent, v James Parris, appellant.
| ORDER TO SHOW CAUSE |
Motion by the attorney assigned to represent the appellant on an appeal from an order of the County Court, Westchester County, dated July 20, 2005, inter alia, to be relieved on the ground that the appellant has been deported.
Upon the papers filed in support of the motion and no papers having been filed in relation thereto, it is
ORDERED that on the court's own motion the appellant is directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant is no longer available to obey the mandate of this court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578) by filing an affidavit on that issue in the office of the Clerk of this court on or before January 27, 2006; and it is further,
ORDERED that the motion by the appellant's assigned counsel is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined by ordinary mail pursuant to CPL 470.60(2), and upon the attorney who last appeared for him, and upon the District Attorney, by regular mail.
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34450
CF/
|
2005-09232 Pilar C. Lee Pun, et al., respondents, v Hop Sing, Inc., appellant (and a third-party action). (Index No. 26845/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated August 24, 2005.
Upon the stipulation of the 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
M34430
S/sl
|
2005-07106
Phyllis Reich, etc., respondent, v Wolf & Fuhrman, P.C., et al., appellants. (Index No. 6803/04)
| 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, Queens County, dated June 7, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 21, 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
M34463
E/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-08820, 2005-04051 Sylvester Saunds, appellant, v Estate of Ernest Johnson, et al., respondents. (Index No. 535/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, dated September 1, 2004, and March 17, 2005, respectively, to vacate a decision and order on motion of this court dated October 31, 2005, granting an unopposed motion by the respondent My Three Sons, Inc., in effect, to vacate so much of a decision and order on motion of this court dated June 29, 2005, as granted a stay of all proceedings, including any holdover proceedings, to evict the appellant from certain premises located at 368 Siegel Street, Westbury, NY.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34453
S/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2004-04559 Thelma Wegner, et al., respondents, v City of New York, defendant, Nathan Katz Realty, LLC, et al., appellants. (Index No. 3986/02)
| DECISION & ORDER ON MOTION |
Appeal by Nathan Katz Realty, LLC, and Nathan Katz from an order of the Supreme Court, Queens County, dated March 23, 2004. The appellants perfected the appeal on November 5, 2004. In about January 2005, the appellants advised the court that the case had been settled and the appeal would be withdrawn. The appellants have not withdrawn the appeal or advised the court that the case should be calendared. By order to show cause dated December 7, 2005, the appellants were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal as abandoned.
On the court's own motion and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements.
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34435
A/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-11680 Felix Zafarani, etc., et al., plaintiffs-respondents, v Salton/Maxim Housewares, Inc., et al., defendants, Electrical & Electronics, Ltd., defendant third-party defendant/second third-party plaintiff-respondent, Ketaka Electric Co., Ltd., second third-party defendant-appellant. (Index No. 37355/01)
| DECISION & ORDER ON MOTION |
Motion by the defendant second third-party defendant-appellant, inter alia, to stay enforcement of an order of the Supreme Court, Kings County, dated November 9, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., CRANE, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34380
M/nal
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2004-05375
In the Matter of David Colon, appellant, v Tealia Jenkins, respondent.
(Docket No. F-28959-03)
| DECISION & ORDER ON MOTION |
Appeal by David Colon from an order of the Family Court, Kings County, dated May 13, 2004. By order to show cause dated December 8, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated October 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated October 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34379
M/nal
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2005-06319
In the Matter of Antonio Cruz, appellant, v Manuela Cruz, respondent. (Docket No. F-3163-02)
| DECISION & ORDER ON MOTION |
Appeal by Antonio Cruz from an order of the Family Court, Queens County, dated May 27, 2005. By order to show cause dated December 8, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated October 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated October 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34470
M/nal
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2005-04409 In the Matter of Samantha D. (Anonymous), appellant. (Docket No. D-01811-04)
| SCHEDULING ORDER |
Appeal by Samantha D. from an order of the Family Court, Kings County, dated April 14, 2005. The appellant's brief was filed in the office of the Clerk of this court on November 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 respondent's time to serve and file a brief on the appeal is enlarged until January 23, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34424
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-03174, 2005-08541 In the Matter of Evan F. (Anonymous). Orange County Department of Social Services, respondent; George L. F. (Anonymous), a/k/a Jorge F. (Anonymous), a/k/a George L. (Anonymous), appellant. (Docket No. N-5416-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay a hearing before the Family Court, Orange County, pending hearing and determination of appeals from two orders of the Family Court, Orange County, dated February 22, 2005, and July 15, 2005, respectively.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay the hearing before the Family Court, Orange County, pending hearing and determination of the appeals is granted; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34465
S/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2004-08971 In the Matter of Delsa Fauconier, respondent, v Corey Fauconier, appellant. (Docket No. F-1485-00)
| DECISION & ORDER ON MOTION |
Motion by the appellant's assigned counsel to be relieved of the assignment to prosecute an appeal from an order of the Family Court, Richmond County, dated April 1, 2004. By decision and order on motion dated December 7, 2005, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal as abandoned.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and no papers having been filed in response to the order to show cause, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as the appellant is no longer available to obey the mandate of this court (see Matter of Gerald G. G., 46 NY2d 1036); and it is further,
ORDERED that the motion by assigned counsel to be relieved is granted.
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34408
CF/
|
2005-07166 In the Matter of Hunter Castle Properties, LLC, appellant, v Zoning Board of Appeals of Town of Woodbury, respondent. (Index No. 2445/05)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated June 8, 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
M34429
S/sl
|
2005-07404
In the Matter of Kew Gardens Associates, LLC, appellant, v New York State Division of Housing & Community Renewal, respondent.
(Index No. 1686/04)
| 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 an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated March 31, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 13, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34469
M/nal
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2005-07706 In the Matter of Rosana McDowell, respondent, v Orlando Domenech, appellant. (Docket No. F-00862-02)
| SCHEDULING ORDER |
Appeal by Orlando Domenech from an order of the Family Court, Richmond County, dated August 10, 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 27, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34378
M/nal
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2005-09386, 2005-09387
In the Matter of Marina Neroni, respondent, v Daniel Treanor, appellant. (Proceeding No. 1) In the Matter of Daniel Treanor, appellant, v Marina Neroni, respondent. (Proceeding No. 2) (Docket Nos. F-00248-05, F-00249-05, F-01388-05)
| DECISION & ORDER ON MOTION |
Appeals by Daniel Treanor from two orders of the Family Court, Rockland County, dated August 11, 2005, and September 29, 2005, respectively. By order to show cause dated December 9, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with a scheduling order dated November 3, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with a scheduling order dated November 3, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34447
A/sl
STEVEN W. FISHER, J.P.
ROBERT A. LIFSON
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2005-06784, 2005-10462 In the Matter of New York City Transit Authority, appellant, v Gail Goodridge, et al., respondents.
(Index No. 8059/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled matter, including an arbitration pending between the parties, pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated May 13, 2005, and October 7, 2005, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FISHER, J.P., LIFSON, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34504
O/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2005-11697 In the Matter of Eileen P. (Anonymous), appellant. (Index No. 501167/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated December 13, 2005, pending hearing and determination of an appeal therefrom, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34479
E/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-09398, 2005-09399, 2005-09400 In the Matter of Claudia Ponti, petitioner, v Michael Ponti, respondent. (Docket No. V-12686-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, Michael Ponti, on appeals from three orders of the Family Court, Queens County, all dated October 4, 2005, in effect, to amend so much of a decision and order on motion of this court dated October 31, 2005, as conditioned a stay of enforcement of the order that directed Michael Ponti to restore custody of the subject child to Claudia Ponti upon his perfection of the appeals on or before December 16, 2005, to condition the stay upon perfection on the appeals on or before February 16, 2006, and to continue the stay pending hearing and determination of the appeals, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, to amend so much of the decision and order on motion of this court dated October 31, 2005, as conditioned a stay of enforcement of the order that directed Michael Ponti to restore custody of the subject child to Claudia Ponti upon his perfection of the appeals on or before December 16, 2005, to condition the stay upon perfection of the appeals on or before February 16, 2006, is denied; and it is further,
ORDERED that on the court's own motion, so much of the decision and order on motion of this court dated October 31, 2005, as granted a stay of enforcement of the order that directed Michael Ponti to restore custody of the subject child to Claudia Ponti is vacated; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is denied as unnecessary.
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34377
M/nal
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2005-05504, 2005-05505
In the Matter of Jonathan R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Sheila T. (Anonymous), appellant; et al., respondent. (Proceeding No. 1) In the Matter of Nathaniel R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Sheila T. (Anonymous), appellant; et al., respondent. (Proceeding No. 2) In the Matter of Kayla T. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Sheila T. (Anonymous), appellant; et al., respondent. (Proceeding No. 3) In the Matter of Kayla T. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Sheila T. (Anonymous), appellant; Mark T. (Anonymous), respondent-respondent. (Proceeding No. 4) (Docket Nos. N-4977-03, N-4978-03, N-7094-03, N-7095-03, N-4979-03, N-16255-03)
| DECISION & ORDER ON MOTION |
Appeals by Sheila T. from two orders of the Family Court, Suffolk County, both dated May 23, 2005. By decision and order on motion of this court dated September 29, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeals as a poor person on or before November 4, 2005. The appellant failed to do so. By order dated December 7, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings.
Now, on the court's own motion, and upon the papers filed in relation thereto, it is
ORDERED that the appeals are dismissed, without costs or disbursements.
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34433
M/nal
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2005-01363 In the Matter of Dabari S. (Anonymous). Miracle Makers, Inc., petitioner-respondent; Dawn S. (Anonymous), appellant, et al., respondent. (Docket Nos. B-15099/99, B-14352/00)
| SCHEDULING ORDER |
Appeal by Dawn S. from an order of the Family Court, Queens County, dated November 17, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 28, 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 law guardian's time to serve and file a brief on the appeal is enlarged until February 3, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34456
M/nal
|
2005-04029 In the Matter of Cathleen Strand-O'Shea, appellant, v John C. O'Shea, respondent. (Docket No. V-13233-02)
| SCHEDULING ORDER |
Appeal by Cathleen Strand-O'Shea 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34434
M/nal
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2005-02016 In the Matter of Camille May Voutour, appellant, v Dianna S. Mazzarese, et al., respondents. (Docket No. V-25217-03)
| SCHEDULING ORDER |
Appeal by Camille May Voutour from an order of the Family Court, Kings County, dated January 26, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 16, 2005, and the law guardian's brief was served and filed on November 10, 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 23, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34391
S/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2003-10108 The People, etc., respondent, v Taino Ayala, appellant. (Ind. No. 10/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated December 8, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Putnam County, rendered July 16, 2003, and to be provided with the transcripts of the proceedings which occurred at his first trial.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file a supplemental brief is granted, and the appellant's supplemental brief shall be served and filed on or before February 13, 2006; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., CRANE, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34466
E/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-06897 The People, etc., respondent, v Rimvydas Baliukonis, appellant. (Ind. No. 9067/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, rendered July 6, 2005, and to continue the stay of execution of said judgment which was granted by the Supreme Court, Kings County, on July 6, 2005, pending determination of the appeal to this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until March 7, 2006, the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the stay of execution of the judgment granted by the Supreme Court, Kings County, on July 6, 2005, is extended pending hearing and determination of the appeal, on the same conditions, if any, imposed by the Supreme Court, Kings County, and on condition that the appeal is perfected by March 7, 2006; and it is further,
ORDERED that counsel for the defendant shall serve a copy of this order, by mail, on the Clerk of the court from which the appeal is taken; and it is further,
ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before March 7, 2006; and it is further,
ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the defendant to the sentencing court to begin the execution of sentence.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M34241
F/
THOMAS A. ADAMS, J.
|
2005-10573 The People, etc., plaintiff, v Christopher Bennett, defendant. (Ind. No. 193/02)
| 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, Nassau County, dated November 23, 2004, 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.
THOMAS A. ADAMS
Associate Justice
Appellate Division: Second Judicial Department
M34490
S/sl
REINALDO E. RIVERA, J.
|
2005-10423
The People, etc., plaintiff, v Gregory Clarke, defendant. (Ind. No. 993/03)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to reargue his motion pursuant to CPL 530.45 to be released on his own recognizance, or in the alternative, to fix bail after his conviction in the Supreme Court, Queens County, on October 3, 2005, of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (three counts), criminal possession of a forged instrument in the second degree, and unlawful wearing of a body vest, which was determined by me in a decision and order on motion dated November 10, 2005.
Upon the papers filed in support of the motion and upon hearing oral argument in support of and in opposition thereto, it is
ORDERED that the motion is denied.
REINALDO E. RIVERA
Associate Justice
Appellate Division : Second Judicial Department
M34272
F/
JOSEPH COVELLO, J.
|
2005-10767 The People, etc., plaintiff, v Shiloh Hylton, defendant. (Ind. No. 3354/99)
| 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 14, 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.
JOSEPH COVELLO
Associate Justice
Appellate Division: Second Judicial Department
M34468
E/sl
PETER B. SKELOS, J.P.
STEVEN W. FISHER
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2002-10986, 2003-08992, 2005-06534
The People, etc., respondent, v Lonnie Jones, appellant.
(Ind. No. 7421/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered November 19, 2002, and appeals from two orders of the same court dated September 10, 2003, and June 14, 2005, respectively.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until February 17, 2006, and the respondent's brief must 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
M34442
S/sl
|
2004-08427
The People, etc., respondent, v Claudio Nunez, appellant. (Ind. No. 117/03)
| 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 September 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
M34439
F/
BARRY A. COZIER, J.
|
2005-10785 The People, etc., plaintiff, v John Whitfield, defendant. (Ind. No. 2132/89)
| 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 28, 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.
BARRY A. COZIER
Associate Justice
Appellate Division : Second Judicial Department
M34273
F/
JOSEPH COVELLO, J.
|
2005-09641 The People, etc., plaintiff, v Fitzroy Wright, a/k/a Jerry Wright, defendant. (Ind. No. 93-01575)
| 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, Westchester County, dated September 13, 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.
JOSEPH COVELLO
Associate Justice