Appellate Division: Second Judicial Department
M35041
S/nal
|
2005-05178 Mmduh Nassan Agha, appellant, v Alamo Rent A Car, et al., respondents. (Index No. 32580/03)
| 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, Kings County, dated April 5, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 22, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35050
S/nal
DAVID S. RITTER, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-10515 Olivier Allain, respondent, v Christina Allain, appellant. (Index No. 30779/02)
| DECISION & ORDER ON APPLICATION |
Application by the parties to vacate so much of a decision and order on motion in the above-entitled case dated November 23, 2005, as stayed that provision of a judgment of the Supreme Court, Suffolk County, entered November 10, 2005, as directed the sale of the marital residence, pending hearing and determination of the appeal from the judgment.
Upon the papers filed in support of the application and upon the stipulation of the parties, it is
ORDERED that the application is granted, and so much of the decision and order on motion dated November 23, 2005, as stayed that provision of the judgment as directed the sale of the marital residence, pending hearing and determination of the appeal, is vacated forthwith.
RITTER, J.P., RIVERA, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35018
S/nal
|
2005-04868
Gisele Ambroise, respondent, v New York City Transit Authority, appellant. (Index No. 1331/03)
| 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, Kings County, dated April 15, 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
M35022
S/nal
|
2005-04569
Ameriquest Mortgage Company, plaintiff- respondent, v Steven J. Bellon, et al., defendants-respondents; Daniel Lenchner, nonparty-appellant. (Index No. 4370/04)
| 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, Rockland County, dated April 5, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 23, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35026
S/nal
|
2005-06322
Kenneth Benedetto, plaintiff-respondent, v Carrera Realty Corporation, et al., defendants-respondents, Dormar Construction Company, Inc., defendant third-party plaintiff-appellant; Bridge Contracting Corporation, third-party defendant-respondent. (Index No. 11640/02)
| 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, Richmond County, dated May 2, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 15, 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
M35046
C/nal
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2006-00162, 2006-00163
Dallas Brooks, et al., respondents, v Frank Siracusa, appellant, et al., defendants. (Index No. 10621/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Queens County, dated October 16, 2003 and November 29, 2005, respectively, to stay enforcement of so much of the order dated November 29, 2005, as directed him to serve an answer, and to stay the trial in the above-entitled action, 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.
PRUDENTI, P.J., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35000
CF/
|
2005-06112 Laura J. Clark, et al., respondents, v Target Stores, Inc., et al., appellants. (Index No. 22928/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Suffolk County, dated May 5, 2005.
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 granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35023
S/nal
|
2005-03993
Joel Desir, et al., respondents, v Hector Sburlati, appellant. (Index No. 16582/99)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, dated January 14, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 23, 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
M35016
S/nal
|
2005-05201
Veeru Dhillon, respondent, v Jan Lindner, appellant. (Index No. 12235/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated April 15, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 28, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35035
S/nal
|
2005-07302
Marcia Goldstein, etc., respondent, v Sandra Diamond Tucker, a/k/a Sandra Tucker, etc., et al., defendants, State Street Bank and Trust Company, appellant. (Index No. 31520/02)
| 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, Kings County, dated May 25, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 24, 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
M35034
S/nal
|
2005-07054
HSBC Mortgage Corp., f/k/a Marine Midland Mortgage Corporation, respondent, v David Oberlander, appellant. (Index No. 10636/02)
| 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, Kings County, dated March 21, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 20, 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
M35007
CF/
|
2005-09837 Doris Hubert, respondent, v Azra Khaski, appellant. (Index No. 20185/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated October 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
M35024
S/nal
|
2005-07299
Oscar Ibarra, et al., appellants, v New York City Health & Hospitals Corporation, et al., respondents. (Index No. 29694/04)
| 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, Kings County, dated May 31, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 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
M35015
S/nal
|
2005-11626
Intrepid Electrical Contracting Co., Inc., respondent, v Theodore Serure, appellant. (Index No. 41258/04)
| 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 October 28, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 27, 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
M35028
C/nal
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2006-00257, 2006-00260
Estelle Katz, respondent, v Jolie Lisa Stanzione, et al., appellants. (Index No. 012720/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay the enforcement of two orders of the Supreme Court, Nassau County, dated October 13, 2005, and October 25, 2005, respectively, pending hearing and determination of appeals 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.
PRUDENTI, P.J., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35027
S/nal
|
2005-05261
Michael M. (Anonymous), respondent, v Allison M. (Anonymous), appellant. (Index No. 5451/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated June 7, 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
M35052
S/nal
|
2005-07695
Larry McGraw, respondent, v Leticia Delgado, defendant, Shalina Brown, et al., appellants. (Index No. 6944/04)
| 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, Nassau County, dated July 13, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 28, 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
M35051
S/nal
|
2005-07110
Kumar Murrari, etc., et al., respondents-appellants, v New York City Transit Authority, appellant-respondent. (Index No. 18246/00)
| 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 a judgment of the Supreme Court, Queens County, entered June 2, 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 14, 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
M34993
Y/nal
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-08171 Carlo Oppedisano, appellant, v Frank Oppedisano, respondent. (Index No. 16739/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated March 28, 2001, for leave to reargue a prior motion to deem the notice of appeal timely filed nunc pro tunc, and cross motion by the respondent to dismiss the appeal on the ground that the appeal was untimely taken, which prior motion and cross motion were decided by decision and order on motion of this court dated November 2, 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.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35053
O/nal
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2005-07132
Norma L. Otto, appellant, v Sistina R. Miller, et al., respondents. (Index No. 32109/02)
| DECISION & ORDER ON MOTION |
Motion by Lawrence Rosman, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Queens County, dated May 20, 2005.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that the motion is granted, and Lawrence Rosman is relieved from representing the appellant with respect to the instant appeal; and it is further,
ORDERED that on or before February 2, 2006, Lawrence Rosman is directed to serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,
ORDERED that no further proceedings shall be taken against the appellant, without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until March 17, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
PRUDENTI, P.J., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35017
CF/
|
2005-10397 Martin Owen, et al., appellants, v Fabian Ariel, et al., respondents. (Index No. 15061/02)
| 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 October 24, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35011
CF/
|
2005-09058 Thomas Quigley, appellant, v Geraldine Quigley, respondent. (Index No. 16698/05)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 19, 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
M35006
CF/
|
2005-08072 Charles Roques, respondent-appellant, v Modular Group Corp., et al., appellants- respondents, Arnold Industries, Inc., et al., respondents. (Index No. 16293/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents and the respondent-appellant to withdraw an appeal and cross appeal from an order of the Supreme Court, Kings County, dated July 15, 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 and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35044
S/nal
|
2005-07060
S&K Convenience, Inc., et al., appellants, v Barleen, LLC, et al., respondents. (Index No. 006443/05)
| 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, Nassau County, dated July 11, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 20, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35002
CF/
|
2005-04801 Roy Savastano, appellant, v Geraldine Savastano, respondent. (Index No. 11474/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 6, 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
M35012
S/nal
|
2005-04988
Faith Selchick, et al., appellants, v Automobile Insurance Company of Hartford, Connecticut, respondent, et al., defendant.
(Index No. 1801/04)
| 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, Rockland County, dated April 18, 2005.
ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35048
J/nal
|
2005-05414, 2005-10389 Carmela Tesoro, plaintiff, v City of New York, defendant, Gail Chamides, defendant third-party plaintiff-respondent, et al., defendant; Colonial Indemnity Insurance Company, third-party defendant-appellant. (Action No. 1) (Index No. 2440/02) Colonial Indemnity Insurance Company, appellant, v Travelers Indemnity Company, respondent. (Action No. 2) (Index No. 9922/05)
| ORDER ON APPLICATION |
Separate applications by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on appeals from an order of the Supreme Court, Kings County, dated May 3, 2005, and a judgment of the same court dated August 24, 2005.
ORDERED that the applications are granted and the respondents' time to serve and file their respective briefs is enlarged until February 14, 2006, and the respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35009
CF/
|
2005-06468 Andrew Tolson, appellant, v Liro Kassner, Inc., et al., respondents. (Index No. 16704/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated May 19, 2005.
Upon the stipulation of the parties, dated November 4, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35019
S/nal
|
2005-03994
Angela Torres, etc., et al., respondents, v New York City Housing Authority, appellant. (Index No. 2121/02)
| 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, Queens County, dated February 24, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 17, 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
M35059
S/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-00226 David Veitsman, etc., appellant, v G&M Ambulette Service, Inc., respondent. (Index No. 38642/98)
| DECISION & ORDER ON APPLICATION |
Application by the appellant to substitute David Veitsman, as administrator of the estate of Anna Vasserman, for the deceased appellant Anna Vasserman, on an appeal from an order of the Supreme Court, Kings County, dated November 18, 2004, and pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted, and David Veitsman, as administrator of the estate of Anna Vasserman, is substituted for the deceased appellant Anna Vasserman, and the caption of the action has been amended accordingly; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until March 20, 2006, and the record or appendix and the appellant's brief shall be served and filed on or before that date.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35008
CF/
|
2005-09079 Billy White, respondent, v New York City Transit Authority, appellant. (Index No. 10772/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated June 29, 2005.
Upon the stipulation of the parties, dated November 18, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35025
S/nal
|
2005-05173
Michael Williams, appellant, v New York City Transit Authority, et al., respondents. (Index No. 20651/00)
| 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, Kings County, dated March 25, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 20, 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
M35014
Y/nal
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-02820
In the Matter of Jalil Adbur-Raheem, etc., appellant, v Glenn S. Goord, etc., et al., respondents. (Index No. 4357/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated January 5, 2005, as a poor person, to waive the filing fee, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34992
M/nal
|
2005-09518 In the Matter of Denise Behrens, appellant, v Beatrice Rimland, respondent. (Docket No. V-5529-05)
| SCHEDULING ORDER |
Appeal by Denise Behrens from an order of the Family Court, Suffolk County, dated August 27, 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 February 10, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34778
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2001-01596
In the Matter of Mark Lewis Brecker, a suspended attorney. (Attorney Registration No. 1407030)
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, Mark Lewis Brecker, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on July 8, 1975. By opinion and order of this court dated September 22, 2003, the respondent was suspended from the practice of law for two years after a disciplinary hearing at which two charges of professional misconduct, which emanated from his behavior resulting in an adjudication of criminal contempt, were sustained.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney, including but not limited to details of his involvement in a foreclosure action and a landlord/tenant dispute.
PRUDENTI, P.J., FLORIO, H. MILLER, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34981
M/nal
|
2004-10147, 2004-10148, 2004-10149 In the Matter of Latifah C. (Anonymous). Administration for Children's Services, petitioner-respondent; Morris L. (Anonymous), appellant; et al., respondent. (Proceeding No. 1) In the Matter of Latisha L. (Anonymous). Administration for Children's Services, petitioner-respondent; Morris L. (Anonymous), appellant; et al., respondent. (Proceeding No. 2) In the Matter of Lyasia L. (Anonymous). Administration for Children's Services, petitioner-respondent; Morris L. (Anonymous), appellant; et al., respondent. (Proceeding No. 3) (Docket Nos. N-11550/03, N-11551/03, N-11552/03)
| SCHEDULING ORDER |
Appeals by Morris L. from three orders of the Family Court, Kings County, dated July 8, 2004, August 25, 2004, and September 30, 2004, respectively. 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35030
E/nal
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2005-05697
In the Matter of Cecile Denise Clue, respondent, v Robert Sinckler, appellant. (Docket No. F-21443/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated August 19, 2005, which dismissed an appeal from an order of the Family Court, Kings County, dated May 10, 2005, for failure to comply with a scheduling order dated June 29, 2005, issued pursuant to 22 NYCRR 670.4(a)(2), to reinstate the appeal, 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 the motion is denied.
PRUDENTI, P.J., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34985
M/nal
|
2005-09844 In the Matter of Mahitab El-Sheemy, petitioner-respondent, v Ezzat A. El-Sheemy, et al., appellants, et al., respondent. (Docket No. V-31752/04)
| SCHEDULING ORDER |
Separate appeals by Ezzat A. El-Sheemy and Ahmad El-Sheemy from an amended order of the Family Court, Kings County, dated August 29, 2005. By decision and order on motion of this court dated January 11, 2006, the following attorney was assigned as counsel for the appellant Ahmad El-Sheemy on the appeal:
Peter H. Dailey, Esq.
420 Riverside Drive - Suite 2-E
New York, New York 10025
(212) 678-6238
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated January 11, 2006, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M35005
Y/nal
PETER B. SKELOS, J.P.
STEVEN W. FISHER
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2005-10783
In the Matter of Simon Goris, appellant, v Glenn S. Goord, respondent. (Index No. 80091/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Richmond County, dated June 30, 2005, as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 branches of the motion which are for the waiver of the filing fee, free transcripts, and the assignment of counsel are denied.
SKELOS, J.P., FISHER, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34988
M/nal
|
2005-11222, 2005-11223, 2005-11224 In the Matter of Chrisma H. (Anonymous), appellant. (Docket Nos. D-03898-05, D-01510-05)
| SCHEDULING ORDER |
Appeals by Chrisma H. from three orders of the Family Court, Richmond County, one dated October 7, 2005, and two dated November 4, 2005, respectively. By decision and order on motion of this court dated January 10, 2006, the following attorney was assigned as counsel on the appeals:
Cynthia A. Lee, Esq.
900 South Avenue - 3rd Floor
Staten Island, New York 10314
(718) 535-7622
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated January 10, 2006, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M35020
S/nal
|
2005-06779
In the Matter of Milton S. Herman, appellant-respondent, v James J. Cupero, respondent-appellant. (Index No. 5396/02)
| 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, Orange County, dated June 15, 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 15, 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 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
M34771
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
1994-02019
In the Matter of Edward L. Howlette, Sr., a disbarred attorney. (Attorney Registration No. 108846)
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, Edward L. Howlette, Sr., for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 7, 1977, under the name Edward Lee Howlette. By opinion and order of this court dated May 31, 1994, he was disbarred upon his resignation from the practice of law. By decision and order of this court dated March 7, 2002, his first application for reinstatement to the Bar of the State of New York was denied on the ground that he did not demonstrate the requisite fitness and character to practice law.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34990
M/nal
|
2005-11232
In the Matter of Shakema Jordon, respondent, v Jason Jordon, appellant. (Docket No. O-32180-05)
| ORDER TO SHOW CAUSE |
Appeal by Jason Jordon from an order of the Family Court, Kings County, dated November 4, 2005. By scheduling order dated December 6, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated December 6, 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 February 2, 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
M34775
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2002-10256
In the Matter of Boris A. Krivonos, a suspended attorney. (Attorney Registration No. 2789360)
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar on January 29, 1997, at a term of the Appellate Division of the Supreme Court in the Second Judicial Department. By opinion and order of this court dated January 12, 2004, he was suspended from the practice of law for a period of one year, commencing February 13, 2004, after a hearing before a Special Referee, who sustained a charge alleging that the respondent violated Code of Professional Responsibility DR 1-102(a)(3), (4) and (7) (22 NYCRR 1200.3[a][3], [4] and [7]), based upon his conviction of a serious crime.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the respondent's motion for reinstatement is dismissed with leave to renew upon the submission of papers in compliance with 22 NYCRR 691.11 of the rules of this court for reinstatement to the Bar after a suspension from practice of one year or less.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34779
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
ROBERT W. SCHMIDT
THOMAS A. ADAMS
DANIEL F. LUCIANO, JJ.
|
2001-08741
In the Matter of Maureen McNamara, admitted as Maureen Margaret McNamara, a suspended attorney. (Attorney Registration No. 1259241)
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on February 5, 1979, under the name Maureen Margaret McNamara. By opinion and order of this court dated February 3, 2003, she was suspended from the practice of law for a period of one year. By decision and order on motion of this court dated June 9, 2004, her motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney including, but not limited to, the unsatisfied judgments against her and whether she properly notified her clients of her suspension by certified mail, return receipt requested, as required by this court's rules. By decision and order of this court dated April 27, 2005, her motion for reinstatement was continued to be held in abeyance and the matter was referred back to the Committee on Character and Fitness for further investigation and report on the respondent's current fitness to be an attorney, specifically for: (1) detailed information and documentation regarding the status of judgments against the respondent, actions for recovery of monies due and/or outstanding debts of the respondent; (2) detailed information and documentation regarding the taxpayer actions in which the respondent has been included as a plaintiff; and (3) detailed information and documentation regarding the malpractice lawsuit commenced by the respondent.
Upon the report of the Committee on Character and Fitness, it is
ORDERED that the motion is denied.
We find that the respondent does not demonstrate the requisite fitness and character to practice law.
PRUDENTI, P.J., FLORIO, SCHMIDT, ADAMS and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35040
M/nal
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
WILLIAM A. MASTRO
STEVEN W. FISHER, JJ.
|
2005-04033 In the Matter of Joseph O. (Anonymous). Dutchess County Department of Social Services, respondent; Manuel O. (Anonymous), appellant. (Docket No. N-01754-04)
| SCHEDULING ORDER |
Appeal by Manuel O. from an order of the Family Court, Dutchess County, dated March 17, 2005. The appellant's brief was filed in the office of the Clerk of this court on November 10, 2005, the respondent's brief was served and filed on December 19, 2005, and the reply brief was served and filed on December 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 January 27, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
PRUDENTI, P.J., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35036
A/nal
THOMAS A. ADAMS, J.P.
PETER B. SKELOS
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-11587
In the Matter of 199 Apartment Associates, etc., petitioner, v Arthur Stafford, respondent. (Index No. SP 3157/02)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by the petitioner for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated June 10, 2005, which affirmed a judgment of the City Court of the City of Yonkers, Westchester County, entered October 8, 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.
ADAMS, J.P., SKELOS, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34984
M/nal
|
2005-04275, 2005-05075, 2005-05080 In the Matter of Ashley P. (Anonymous). Charlotte W. (Anonymous), respondent; Kenneth P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Charlotte W. (Anonymous), respondent, v Kenneth P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Kenneth P. (Anonymous), petitioner, v Charlotte W. (Anonymous), respondent. (Proceeding No. 3) (Docket Nos. A-499-04, O-18778-04, V-23006-04)
| SCHEDULING ORDER |
Appeals by Kenneth P. from three orders of the Family Court, Suffolk County, dated April 8, 2005, April 20, 2005, and April 21, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on November 25, 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 appeals is enlarged until February 15, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34986
M/nal
|
2005-09684, 2005-09686 In the Matter of Naomi Coulter Pressley, appellant, v Timothy McGainey, respondent. (Docket Nos. V-23835-03, V-23836-03, V-23843-03, V-23844-03, O-23842-03)
| SCHEDULING ORDER |
Appeals by Naomi Coulter Pressley from two orders of the Family Court, Kings County, both dated September 12, 2005. By decision and order on motion of this court dated January 10, 2006, the following attorney was assigned as counsel on the appeals:
David Laniado, Esq.
189 Montague Street - Suite 303
Brooklyn, New York 11201
(718) 246-9444
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated January 10, 2006, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M34982
M/nal
|
2005-09590 In the Matter of Tabatha R. (Anonymous), appellant, v Louis C. (Anonymous), respondent. (Docket No. P-1066-05)
| SCHEDULING ORDER |
Appeal by Tabatha R. from an order of the Family Court, Richmond County, dated September 16, 2005. By decision and order on motion of this court dated January 12, 2006, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M35056
S/nal
|
2005-07886
In the Matter of State Farm Mutual Automobile Insurance Company, petitioner-respondent, v Dzhura Gulkarov, et al., appellants, et al., additional-respondents. (Index No. 30834/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated June 23, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 10, 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
M35003
Y/nal
PETER B. SKELOS, J.P.
STEVEN W. FISHER
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
1999-02050 The People, etc., respondent, v Michael Hale, appellant. (Ind. No. 8776/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Kings County, rendered February 10, 1999.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SKELOS, J.P., FISHER, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35013
S/nal
|
2003-00545
The People, etc., respondent, v Frances McMurray, appellant. (Ind. No. 2224/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Suffolk County, rendered December 17, 2002.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 13, 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
M35032
M
PETER B. SKELOS, J.
|
2006-00628
The People, etc., respondent, v Brian Olson, appellant. (Ind. No. 482/05)
| DECISION AND ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Nassau County, rendered January 18, 2006, and to fix reasonable bail.
Upon the papers filed in support of the motion and upon hearing the attorneys for the respective parties, it is
ORDERED that the motion is granted, execution of the judgment is stayed, and bail is set by the giving of an insurance company bail bond in the amount of $10,000 or by depositing the same sum as a cash bail alternative; and it is further,
ORDERED that this stay shall terminate and be of no further effect 120 days from the date hereof and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal shall have been brought to argument or submitted to this court, or unless this court shall have extended this order; 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 appellant to the sentencing court to begin the execution of sentence; and it is further,
ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken.
PETER B. SKELOS
Associate Justice
Appellate Division: Second Judicial Department
M35021
Y/nal
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2002-10359, 2002-10360 The People, etc., respondent, v Troy Smith, appellant. (Ind. Nos. 02-00025, 02-00348)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to serve and file a pro se supplemental brief on appeals from two judgments of the County Court, Orange County, both rendered November 8, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to renew after assigned counsel serves and files a supplemental brief.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35031
C/nal
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2002-05990 The People, etc., respondent, v Reginald Thompson, appellant. (Ind. No. 519/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered June 5, 2002, to hold the appeal in abeyance pending the determination by the Supreme Court of his motion pursuant to CPL article 440.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court