Appellate Division: Second Judicial Department
M34599
A/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-00606 Bank of New York, et al., plaintiffs-respondents, v Jaime Ortiz, et al., appellants, et al., defendants; Mohammad S. Islam, intervenor-respondent. (Index No. 7784/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se Marga Ortiz on an appeal from an order of the Supreme Court, Queens County, dated December 22, 2003, for leave to serve and file a supplemental appendix containing the opposition papers submitted to the Supreme Court, Queens County, which resulted in the order dated December 22, 2003.
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 appellants' time to serve and file the supplemental appendix is enlarged until January 30, 2006, and the supplemental appendix must be served and filed on or before that date; and it is further,
ORDERED that no enlargements of time shall be granted.
SCHMIDT, J.P., COZIER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34593
O/sl
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-11930 Daniel Bartholomew, respondent, v Peter Scalise, appellant. (Index No. 8705-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated December 5, 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.
COZIER, J.P., SANTUCCI, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34574
CF/
|
2005-06322 Kenneth Benedetto, appellant-respondent, v Carrera Realty Corporation, et al., respondents, Dormar Construction Company, Inc., et al., respondents-appellants (and a third-party action). (Index No. 11640/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Richmond County, dated May 2, 2005. Separate application by the respondent-appellant Bridge Contracting Corp. to withdraw its cross appeal from the same order.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the applications are granted and the appeal by the plaintiff and the cross appeal by Bridge Contracting Corp. are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34474
C/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-00127, 2005-06182 Paul Blume, appellant, v A & R Fuels, Inc., etc., et al., respondents. (Index No. 26332/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - August 2005 Calendar", dated September 12, 2005, as dismissed an appeal from an order of the Supreme Court, Kings County, dated October 29, 2004 (Appellate Division Docket No. 2005-00127), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to consolidate the appeal with an appeal from an order of the same court dated April 26, 2005 (Appellate Division Docket No. 2005-06180), 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 to recall and vacate so much of the decision and order on motion of this court dated September 12, 2005, as dismissed the appeal from the order dated October 29, 2004, is granted, and the appeal is reinstated; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeal from the order dated October 29, 2004, with the appeal from the order dated April 26, 2005, is denied as unnecessary, as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged until March 7, 2006, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted.
H. MILLER, J.P., COZIER, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34576
CF/
|
2005-07803 Brahim Bouchama, respondent, v S & R Truck Rental, Inc., et al., appellants. (Index No. 23796/02)
| 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 July 5, 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
M34564
A/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2005-06455 Kisnet Brooks, plaintiff-respondent, v Maintenance Service Resources, Inc., defendant third-party plaintiff-respondent- appellant; Allied Exterminating, third-party defendant appellant-respondent. (Index Nos. 49128/97, 81564/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated June 28, 2005, and cross motion by the respondent-appellant for the same relief.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion and cross motion are granted; and it is further,
ORDERED that the time of the appellant-respondent to perfect the appeal is enlarged until March 3, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the brief of the appellant-respondent must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before April 3, 2006 (see 22 NYCRR 670.8[c][3]).
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34636
D/nal
|
2005-08445 Lennard Burnett, et al., plaintiffs-respondents, v Leonora L. Rennie, et al., defendants-respondents, Oswald Jeffers, appellant. (Index No. 2503/02)
| ORDER ON APPLICATION |
Application by the plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated March 18, 2005.
ORDERED that the application is granted and the plaintiffs-respondents' time to serve and file a brief is enlarged until February 3, 2006, and the plaintiffs-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
M34562
S/sl
|
2005-04212
Florence Ciafone, appellant, v New York University Medical Center, et al., respondents. (Index Nos. 1653/01, 6830/04)
| 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 of the Supreme Court, Queens County, dated January 27, 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
M34620
D/sl
|
2005-06666
City Ready Mix, Inc., respondent, v Hicksville Paving, Inc., defendant, Carlo Lizza & Sons Paving, Inc., appellant. (Index No. 12625/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated June 6, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 30, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34603
Y/sl
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-11372 County of Nassau, plaintiff-respondent, v Joseph N. Rennert, et al., appellants, DCFS Trust, defendant-respondent. (Index No. 2713/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Nassau County, dated November 2, 2005, pending hearing and determination of an appeal therefrom.
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 enforcement of the order dated November 2, 2005, is stayed pending hearing and determination of the appeal.
COZIER, J.P., SANTUCCI, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34624
D/nal
|
2005-06572 Kenneth Dubin, appellant, v S. DiFazio & Sons Construction, Inc., et al., respondents. (Index No. 5862/03)
| ORDER ON APPLICATION |
Application by the respondent S. DiFazio & Sons Construction, Inc., 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, Queens County, dated May 12, 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
M34613
E/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-07259, 2005-09276 Jane Gavin, appellant, v Martin Catron, respondent. (Index No. 9238/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the record on appeals from two orders of the Supreme Court, Nassau County, dated June 29, 2005, and September 7, 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 denied.
H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34617
E/sl
PETER B. SKELOS, J.P.
STEVEN W. FISHER
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2005-08060 Zoila Genao, appellant, v New York City Housing Authority, respondent. (Index No. 27526/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated August 10, 2005, to strike the appellant's brief on the ground that it refers to matter dehors the record, to enlarge the time to serve and file a brief, and to dismiss the appeal from stated portions of the order on the ground that those portions have been rendered academic or on the ground that no appeal lies from those portions of an order that were not the result of a motion made on notice.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the appellant's brief is granted to the extent that (1) the last sentence of the first paragraph on page three, which begins with the word "Despite" and ends with the words "fire burned," and (2) the last paragraph on page 10 beginning with "That being said" through the first line on page 11, ending with "meritorious defense.", are stricken and on or before January 19, 2006, the appellant shall delete or remove that material from the copies of the brief on file with the Clerk of this court or serve and file a replacement brief that does not contain the stricken material, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until February 21, 2006, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
SKELOS, J.P., FISHER, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34615
E/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-07085, 2005-10766 Nachama Hirsch, plaintiff, v Benjamin Hirsch, et al., defendants; High Spruce Associates, LP, nonparty-appellant; Jeffrey Goldstein, etc., nonparty-respondent. (Appeal No. 1) Nachama Hirsch, plaintiff, v Benjamin Hirsch, defendant-appellant, et al., defendants; High Spruce Associates, LP, nonparty-appellant; Jeffrey Goldstein, etc., nonparty-respondent. (Appeal No. 2) (Index No. 20231/97)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant on appeals from two orders of the Supreme Court, Kings County, dated May 26, 2005, and September 29, 2005, respectively, to stay enforcement of the order dated September 29, 2005, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34638
D/nal
|
2005-05642, 2005-06382
Jones Sledzik Garneau & Nardone, LLP, respondent, v Galit Schloss, appellant.
(Ind. No. 11032/04)
| 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 of the Supreme Court, Westchester County, dated November 15, 2004, and a judgment of the same court, entered November 17, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 6, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34598
C/sl
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-11544 Jerico Jumawan respondent, v Jack Schnitt, et al., appellants (and a third-party action). (Index No. 2476/01)
| 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, Nassau County, dated November 23, 2005, 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.
COZIER, J.P., SANTUCCI, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34563
S/sl
|
2005-00994, 2005-00995
Jerry Keitel, et al., appellants-respondents, v Neil Kurtz, et al., respondents, Elliot Dreznick, respondent-appellant. (Index No. 23892-98)
| ORDER ON APPLICATION |
Applications by the respondent-appellant and the respondents Stephen Litman and Long Island Anesthesia Physicians, LLP pursuant to 22 NYCRR 670.8(d)(2), on appeals and cross appeals from an order of the Supreme Court, Suffolk County, dated December 10, 2004, and a judgment of the same court dated January 13, 2005, to enlarge the time to serve and file their respective briefs.
ORDERED that the applications are granted, the movants' time to serve and file their respective briefs is enlarged until February 6, 2006, and the answering brief of the respondent-appellant, including his points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), and the brief of the respondents Stephen Litman and Long Island Anesthesia Physicians, LLP, shall be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34561
S/sl
|
2005-03849 Sandra A. Lamont, appellant, v Lane Bryant, Inc., d/b/a Lane Bryant Stores, et al., defendants- respondents, E. C. Provini Co., Inc., defendant third-party plaintiff-respondent; Limited Store Planning, Inc., et al., third-party defendants- respondents. (Index No. 5506/02)
| ORDER ON APPLICATION |
Application by the respondents Lane Bryant, Inc., d/b/a Lane Bryant Stores, and Charming Shoppes, Inc., 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 14, 2005.
ORDERED that the application is granted, the movants' time to serve and file a brief is enlarged until January 23, 2006, and the movants' brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's reply brief, if any, shall be served and filed on or before February 7, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34619
D/nal
|
2005-06694 P. Stephen Lamont, et al., appellants, v Joseph A. Luciano, respondent. (Index No. 85/05)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Putnam County, dated May 31, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 6, 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
M34622
D/nal
|
2005-02443 Larchmont Nurseries, Inc., appellant, v John Daly, respondent. (Index No. 18645/00)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Westchester County, entered February 22, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 9, 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
M34633
D/nal
|
2005-06012 Edward Levy, respondent, v April Levy, appellant. (Index No. 5334/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Orange County, dated June 8, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 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
M34571
S/sl
|
2005-04483
Fred Loayza, etc., respondent, v New York City Health & Hospitals Corp., appellant. (Index No. 17897/00)
| 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, Queens County, dated March 25, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 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
M34580
C/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-10797 Richard Loevner, respondent, v Sullivan & Strauss Agency, Inc., et al., appellants. (Index No. 5822/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant Whitman Group, Ltd., to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Suffolk County, dated October 31, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeals.
H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34604
T/sl
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-10723 Johanna Lopez, etc., et al., respondents, v Rothschild Management Group, Inc., defendant, Merrick Associates, etc., appellant. (Index No. 14974/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the trial thereof, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated September 27, 2005.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., SANTUCCI, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34467
C/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2005-05593 Shirley Johnson McLaurin, appellant, v Jordan W. Tucker, etc., respondent. (Index No. 49898/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated May 9, 2005, for leave to prosecute the appeal as a poor person and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursement as no appeal lies from an order denying reargument; and it is further,
ORDERED that the motion is denied as academic.
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34629
D/sl
|
2005-03866
Ericka Miller, respondent, v Parhiscar Afshin, et al., appellants. (Index No. 48504/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated March 31, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 16, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34611
Y/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-09591 Zvi Mor, appellant, v Gary R. Fastow, a/k/a Gershon Fastow, et al., respondents.
(Index No. 23178/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents 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 the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until January 17, 2005, and the respondents' 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.
CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34641
JEP/nl
|
2006-00284 New York City Transit Authority, respondent, v Amalgamated Transit Union, AFL-CIO, etc., et al., appellants. (Index No. 37902/05)
| SCHEDULING ORDER |
Appeals by Local 726 of the Amalgamated Transit Union, AFL-CIO, and Local 1056 of the Amalgamated Transit Union, AFL-CIO, respectively, from an order of the Supreme Court, Kings County, dated December 21, 2005. Pursuant to § 670.4(a)(1) of the Rules of this court (22 NYCRR 670.4[a][1]), it is
ORDERED that the above-entitled appeals are assigned to the Active Case Management Program; and it is further,
ORDERED that the City of New York by its Corporation Counsel, Michael A. Cardozo, is granted leave to serve and file a brief amicus curiae on said appeals; and it is further,
ORDERED that the appeals shall be heard on the original papers, including the settled transcript of the proceedings leading to the order appealed from; and it is further,
ORDERED that the appellants' respective briefs shall be served and filed on or before 10:00 A.M. on Thursday, January 19, 2006; and it is further,
ORDERED that the respondent's answering brief and the brief of the amicus curiae shall be served and filed on or before 10:00 A.M. on Thursday, January 26, 2006; and it is further,
ORDERED that the appellants' respective reply briefs, if any, shall be served and filed on or before 10:00 A.M. on Tuesday, January 31, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34575
CF/
|
2005-06744 New York Hospital Medical Center of Queens, etc., et al., respondents, v AIU Insurance Company, appellant. (Index No. 16673/04)
| 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 May 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
M34461
C/sl
PETER B. SKELOS, J.P.
STEVEN W. FISHER
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2005-10525 Henry Pae, respondent, v Chul Yoon, appellant, et al., defendants. (Index No. 17721/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to amend the notice of appeal from a decision of the Supreme Court, Queens County, dated October 28, 2005, to deem the notice of appeal a valid notice of appeal from the decision dated October 28, 2005, as amended, or, for leave to refile the notice of appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509), without prejudice to the appellant taking a timely appeal from any judgment which is entered upon the decision.
SKELOS, J.P., FISHER, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34560
S/sl
|
2005-03515
Kenneth Passante, appellant, v Peck & Sander Properties, LLC, et al., respondents. (Index No. 26936/03)
| 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, Suffolk County, dated March 4, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 12, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34626
D/nal
|
2005-06582 Philip Perlongo, appellant, v Park City 3 & 4 Apartments, Inc., et al., respondents. (Index No. 10070/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated May 23, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 14, 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
M34628
D/nal
|
2005-05473, 2005-11150 Michael Rivera, respondent, v Glen Oaks Village Owners, Inc., appellant. (Index No. 3289/03)
| 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 two orders of the Supreme Court, Queens County, dated May 23, 2005 and August 9, 2005, respectively.
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
M34634
D/nal
|
2005-06508 Anthony Rose, respondent, v Pamela Rose, appellant. (Index No. 43629/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated April 28, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 27, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34639
Y/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-00695 Salvatore Sereno, respondent, v 400 East 51st Street, LLC, et al., appellants.
(Index No. 42425/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated November 9, 2004, for leave to reargue a motion to stay all proceedings in the above-entitled action pending hearing and determination of the appeal, which was determined by decision and order of this court dated November 1, 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, with $100 costs.
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34621
D/sl
|
2005-03654 Tibor Simon, appellant, v New York City Transit Authority, respondent. (Index No. 27916/04)
| 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 February 18, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 23, 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
M34569
S/sl
|
2005-05273
Richard B. Soscia, et al., appellants, v Anthony M. Soscia, Jr., etc., et al., respondents. (Index No. 7187/03)
| 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, Orange County, dated April 27, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 23, 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
M34565
S/sl
|
2005-09043
Stephen Fogel Psychological, P.C., a/a/o Kim Choy Chong, appellant-respondent, v Progressive Casualty Insurance Company, respondent-appellant. (Index No. 6621/02)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal, by permission, from an order of the Appellate Term, Second and Eleventh Judicial Districts, dated July 5, 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 March 6, 2006, and the joint record 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 respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34623
D/sl
|
2005-05379
Underwriters at Lloyd's, London & Insurance Companies, respondent, v Handy & Harman, appellant. (Index No. 9343/04)
| 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, Westchester County, dated May 10, 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
M34572
S/sl
|
2005-05232
Michelle Vanhelmond, respondent, v William Vanhelmond, appellant. (Index No. 5166/02)
| 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, Suffolk County, dated April 7, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 23, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34568
S/sl
|
2005-05047
Marc Waldman, a/k/a Marc Waldman, D.P.M., respondent, v Shereen Bobrowsky, a/k/a Shereen Bobrowsky, D.P.M., appellant. (Index No. 26503/94)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated February 24, 2005.
ORDERED that the application is granted and 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 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until March 8, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34570
S/sl
|
2005-07715
Anne Wilkie, et al., respondents, v Town of Huntington, et al., appellants. (Index No. 15595/03)
| 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 July 20, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 2, 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
M34643
S/sl
|
2005-03876
In the Matter of Ralph Capone, petitioner, v Patchogue Medford Union Free School District, respondent. (Index No. 15550/04)
| ORDER ON APPLICATION |
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Suffolk County, dated April 12, 2005.
ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until January 11, 2006, and the record or appendix on the proceeding and the petitioner'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
M34601
T/sl
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-11567 In the Matter of Kimberly Ciasullo, etc., et al., respondents v Nationwide Insurance Company, et al., appellants. (Index No. 5151/02)
| 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, Orange County, dated September 14, 2005.
Upon the papers filed in support of the motion and no papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
COZIER, J.P., SANTUCCI, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34606
Y/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-11475 In the Matter of Complaint of Patricia Myers. (Index No. 5290/05)
| DECISION & ORDER ON MOTION |
Motion by New York Newspapers Publishers Association, Inc., Associated Press, Daily News, L.P., and New York Times Company for leave to file an amicus curiae brief on an appeal from an order of the County Court, Dutchess County, dated November 1, 2005, and separate motion by Poughkeepsie Newspapers Division, Gannett Satellite Information Network, Inc., Daniel Shapley, and William V. Grady for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motions and the papers filed in relation thereto, it is
ORDERED that the motions are granted; and it is further,
ORDERED that the amicus curiae brief which was submitted to the Clerk of this court is accepted for filing; and it is further,
ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,
ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief on or before January 20, 2006; and it is further,
ORDERED that the appeal will be calendared expeditiously.
H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34608
E/sl
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-11892 In the Matter of Keith Honeywell, respondent, v Jeanette Honeywell, appellant. (Proceeding No. 1) In the Matter of Jeanette Honeywell, appellant, v Keith Honeywell, respondent. (Proceeding No. 2)
(Index Nos. V-3038-04, V-4077-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Westchester County, dated December 16, 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.
COZIER, J.P., SANTUCCI, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34635
D/nal
|
2005-04778 Matter of Lillian Roberts, et al., respondents, v New York City School Construction Authority, appellant. (Index No. 33343/02)
| 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 and judgment (one paper) of the Supreme Court, Queens County, dated March 28, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 13, 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
M34556
S/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-05965 In the Matter of Richard S. Sikorksi, respondent, v Electric Battery Corp., appellant. (Index No. 28875/04)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated July 13, 2005, in the above-entitled matter is amended by deleting from the caption thereof Appellate Division Docket No. "2005-05823" and substituting therefor Appellate Division Docket No. "2005-05965".
SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34591
S/sl
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-03672 Matter of Cathlen Tocarz, a/k/a Fenty, respondent, v Michael Loughlin, appellant.
(Docket No. V-4574-00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, dated April 7, 2005, inter alia, to stay enforcement of the order and to direct that custody of the subject child be transferred to the appellant pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., SANTUCCI, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34567
A/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2005-08316
In the Matter of Barbara Watts, petitioner, v New York City Office of Family and Children's Services, et al., respondents.
(Index No. 40058/04)
| DECISION & ORDER ON MOTION Enlarge Time - Proceeding |
Motion by the petitioner to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated June 16, 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 petitioner's time to perfect the proceeding is enlarged until March 10, 2006, and the petitioner's record or appendix and brief must be served and filed on or before that date.
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34485
M/nal
|
2005-10350
In the Matter of Jonathan Wiggins, appellant, v Katherine Fava, respondent. (Docket No. V-10081-04)
| ORDER TO SHOW CAUSE |
Appeal by Jonathan Wiggins from an order of the Family Court, Suffolk County, dated September 13, 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) 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 30, 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
M34614
E/sl
STEVEN P. FISHER, J.P.
ROBERT A. LIFSON
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2005-11406 In the Matter of Harry Y. (Anonymous). Laura Y. G. (Anonymous), appellant; Neil Y. (Anonymous), et al., respondents.
(Index No. 12049/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Queens County, dated November 4, 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.
FISHER, J.P., LIFSON, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M34384
F/
ROBERT A. SPOLZINO, J.
|
2005-10478, 2005-10479 The People, etc., plaintiff, v Devon Bailey, defendant. (Ind. Nos. 10041/99, 11331/99)
| 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 two orders of the Supreme Court, Queens County, both dated September 9, 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.
ROBERT A. SPOLZINO
Associate Justice
Appellate Division: Second Judicial Department
M34602
C/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2001-05693 The People, etc., respondent, v Howard Campbell, appellant.
(Ind. No. 284/01)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
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 Supreme Court, Kings County, rendered June 18, 2001.
Upon the papers filed in support of the motion and no papers having been filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before April 17, 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.
H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34609
F/
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-07935 The People, etc., respondent, v Jason Connelly, appellant. (Ind. No. 6007/04)
| DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes |
Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Kings County, rendered August 10, 2005, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that that branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,
ORDERED that the motion is otherwise granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); retained counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the Trial Court is directed to reproduce a copy thereof for retained counsel; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged. Retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
COZIER, J.P., SANTUCCI, SPOLZINO, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
James E. Neuman, Esq.
100 Lafayette Street - Suite 501
New York, New York 10013
Appellate Division : Second Judicial Department
M34401
F/
ROBERT A. SPOLZINO, J.
|
2005-08058
The People, etc., plaintiff, v James Crichton, defendant. (Ind. No. 952-95)
| 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, Suffolk County, dated June 30, 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.
ROBERT A. SPOLZINO
Associate Justice
Appellate Division: Second Judicial Department
M34519
A/sl
PETER B. SKELOS, J.P.
STEVEN W. FISHER
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2003-02317
The People, etc., respondent, v Julio DeLossantos, appellant. (Ind. No. 02-00197)
| DECISION & ORDER ON MOTION |
Motions by the appellant pro se for leave to file fewer than nine copies of his supplemental pro se brief on an appeal from a judgment of the County Court, Rockland County, rendered January 30, 2003.
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; and it is further,
ORDERED that on the court's own motion, the time of the appellant to serve and file his supplemental pro se brief is enlarged until March 9, 2006.
SKELOS, J.P., FISHER, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34630
F/
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-08265
The People, etc., respondent, v Darnell Epps, appellant.
(Ind. No. 2533/00)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated August 1, 2005, issued pursuant to CPL 440.30, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Lynn W. L.Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
COZIER, J.P., SANTUCCI, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
00 A 6690
Five Points Corr. Fac.
P.O. Box 119 - State Route 96
Romulus, New York 14541
Appellate Division: Second Judicial Department
M34462
C/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2003-06901, 2003-08553 The People, etc., respondent, v Von Knowlden, a/k/a Salim Abdul-Malik, appellant. (Ind. No. 2864/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeals from a judgment of the Supreme Court, Queens County, rendered June 30, 2003, and a resentence of the same court imposed August 12, 2003, inter alia, to be provided with the minutes of a resentence imposed on October 19, 2005, and for leave to file less than 9 copies of his brief. Separate motion by the appellant pro se for leave to serve and file an oversized brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to be provided with the minutes of the resentence is denied on the ground that no notice of appeal from the resentence has been filed; and it is further,
ORDERED that the branch of the motion which is for leave to file less than 9 copies of the brief is denied; and it is further,
ORDERED that motion is otherwise denied; and it is further,
ORDERED that the motion for leave to serve and file an oversized brief is granted; the appellant may serve and file a single brief on both appeals which is not to exceed 85 pages in length.
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34573
A/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2004-04252
The People, etc., respondent, v Carlos Myers, appellant. (Ind. No. 7242/02)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
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 Supreme Court, Kings County, rendered March 19, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before March 15, 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.
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34637
D/nal
|
2003-10256 The People, etc., respondent, v Kim Ragland, appellant. (Ind. No. 02-00132)
| 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, Rockland County, rendered April 1, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 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
M34383
F/
ROBERT A. SPOLZINO, J.
|
2005-10332
The People, etc., plaintiff, v Jerome Stallone, defendant. (Ind. No. 1966-95)
| 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 County Court, Suffolk 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.
ROBERT A. SPOLZINO
Associate Justice
Appellate Division: Second Judicial Department
M34607
F/
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-10760 The People, etc., respondent, v Hector Torres, appellant. (Ind. No. 2352/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered November 10, 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 no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
COZIER, J.P., SANTUCCI, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
ENTER:
James Edward Pelzer
Clerk
Appellate Division: Second Judicial Department
M34610
S/sl
|
2004-08970
The People, etc., respondent, v Charles Walker, appellant. (Index No. 2844/03)
| 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, Queens County, rendered October 4, 2004.
ORDERED that the application is granted and the respondent's brief which was submitted to the Clerk of this court on January 6, 2006, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34625
D/sl
|
2004-08019
The People, etc., respondent, v Corey Watson, appellant. (Ind. No. 575/03)
| 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, rendered August 16, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 23, 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
M34632
F/
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-11291 The People, etc., respondent, v Michael D. Wesley, appellant.
(Ind. No. 1395/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered November 15, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
COZIER, J.P., SANTUCCI, SPOLZINO, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
Please make inquiry to the State Inmate Locator
New York State Department of Correctional Services
Telephone: (518) 457-0043