Appellate Division: Second Judicial Department
M35122
O/nal
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-03095
Ashar Abdul-Malik, appellant, v New York City Transit Authority, respondent. (Index No. 17123/03)
| 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 - October 2005 Calendar", dated November 10, 2005, as dismissed an appeal from an order of the Supreme Court, Kings County, dated March 4, 2005, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the 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 granted; and it is further,
ORDERED that so much of the decision and order on motion of this court dated November 10, 2005, as dismissed the instant appeal, is recalled and vacated; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until February 21, 2006, and the record on appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35085
CF/
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2005-07702 Ameriquest Mortgage Company, respondent, v Susan M. Caine, appellant, et al., defendants. (Index No. 12822/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated June 30, 2005.
Upon the stipulation of the parties, dated January 9, 2006, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35083
J/nal
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2005-07685, 2005-07686, 2005-07687 Daniel Anderson, appellant, v Carolyn Anderson, respondent. (Index No. 200119/03)
| ORDER ON APPLICATION |
Application by the appellant on appeals from three orders of the Supreme Court, Nassau County, dated April 11, 2005 (Appellate Division Docket No. 2005-07685), April 19, 2005 (Appellate Division Docket No. 2005-07686), and June 30, 2005 (Appellate Division Docket No. 2005-07687), respectively, (1) pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals from the orders dated April 11, 2005, and April 19, 2005, respectively, and (2) to withdraw the appeal from the order dated June 30, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted; and it is further,
ORDERED that the appeal from the order dated June 30, 2005, is marked withdrawn; and it is further,
ORDERED that the appellant's time to perfect the appeals from the orders dated April 11, 2005, and April 19, 2005, respectively, is enlarged until March 14, 2006, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35120
CF/
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2005-07689 Daniel Anderson, appellant, v Carolyn Anderson, respondent. (Index No. 8331/05)
| 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 June 27, 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
M35101
CF/
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2005-03022 Robert Auciello, et al., respondents-appellants, v Rita S. Eustaquio, respondent, Khabir Ahamed, etc., appellant-respondent. (Index No. 22527/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent and the respondents-appellants to withdraw an appeal and a cross appeal from an order of the Supreme Court, Queens County, dated February 2, 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
M35096
CF/
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2005-06983 Mariann Austin, et al., respondents, v Town of Oyster Bay, appellant. (Index No. 9774/04)
| 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 June 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35068
CF/
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2005-07812 Sonja S. Blanco, respondent, v New York City Transit Authority, et al., appellants. (Index No. 10028/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated June 17, 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
M35060
CF/
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2006-00435 Loius Briganti, et al., plaintiffs-respondents, v Trataros Construction, Inc., et al., defendants- respondents, Travelers Casualty & Surety Company, appellant (and a third-party action). (Index No. 8932/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 13, 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
M35075
O/nal
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-03716
Rosario Chavez, etc., appellant, v City of New York, et al., respondents. (Index No. 3099/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated February 28, 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 appellant's time to perfect the appeal is enlarged until February 21, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35062
A/nal
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2006-00070
Keri Childs, respondent, v Thomas Adams, et al., appellants. (Index No. 11706/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Kings County, dated December 11, 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.
PRUDENTI, P.J., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35072
S/nal
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2005-09870 CongregationYetev Lev D'Satmar of Kiryas Joel, Inc., et al., respondents, v Congregation Yetev Lev D'Satmar, Inc., et al., appellants, etc., et al., defendants. (Index No. 4495/05)
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Appeal by Congregation Yetev Lev D'Satmar, Inc., Jeno Kahan, Sol Perlstein, Jacob Schoenfeld, and Solomon Sander, from an order of the Supreme Court, Orange County, dated October 21, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701).
PRUDENTI, P.J., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35107
E/nal
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2005-03985
Thomas M. Connors, appellant, v Maritza Flaherty, et al., respondents. (Index No. 18411/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated March 23, 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 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.
PRUDENTI, P.J., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35082
J/nal
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2005-07305 Maria DeJesus, plaintiff-respondent, v 139 Emerson Place, LLC, defendant third-party plaintiff-respondent; A.R. Vays Contracting Corp., third-party defendant-appellant. (Index Nos. 30948/01, 76206/02)
| 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 July 5, 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
M35089
CF/
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2005-09579 Anthony Degennaro, etc., appellant, v Staten Island Boat Sales, Inc., et al., respondents. (Index No. 11580/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated September 2, 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
M35057
CF/
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2005-07490 Stephanie L. Dillon, respondent-appellant, v State of New York, appellant-respondent. (Claim No. 100814)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal and cross appeal from a judgment of the Court of Claims, dated July 16, 2005.
Upon the stipulation of the parties, dated December 22, 2005, it is
ORDERED that the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35095
CF/
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2005-08745 Joyce Fentin, et al., appellants, v Reckson Operating Partnership, L.P., et al., respondents. (Index No. 9621/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 8, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35105
CF/
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2005-06720 Justin R. Firmes, respondent, v Chase Manhattan Automotive Finance, et al., appellants. (Index No. 16655/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Chase Manhattan Automotive Finance to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 2, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal by Chase Manhattan Automotive Finance is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35076
J/nal
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2005-04465
Brent T. Fung, et al., plaintiffs-respondents, v Japan Airlines Company, Ltd., defendant, Japan Airlines Management Corp., defendant third-party and second third-party plaintiff- appellant-respondent; Aero Snow Removal Corp., third-party defendant-respondent-appellant; Port Authority of New York and New Jersey, et al., second third-party defendant-respondent. (Action No. 1)
(Index Nos. 10992/02, 350528/02, 350127/03) Brent T. Fung, et al., plaintiffs, v Aero Snow Removal Corp., defendant. (Action No. 2) (Index No. 299/04)
| ORDER ON APPLICATION |
Application by the third-party defendant-respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated March 30, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 30, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35045
A/nal
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
JOSEPH COVELLO, JJ.
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2005-08805
Lisa Catherine Gagliano, appellant, v Dominick Gagliano, respondent. (Index No. 11742/03)
| DECISION & ORDER ON MOTION |
Appeal by Lisa Catherine Gagliano from an order of the Supreme Court, Suffolk County, dated August 24, 2005. By order to show cause dated December 5, 2005, the parties or their attorneys were directed to show cause before this court why an order should not be made and entered dismissing this appeal for failure to comply with a scheduling order of this court dated October 18, 2005 (see 22 NYCRR 670.4[a][5]). Motion by the appellant pro se, inter alia, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the order to show cause and the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion of the appellant pro se which is to prosecute the appeal as a poor person, to waive the filing fee and for the assignment of counsel is denied; and it is further,
ORDERED that the motion of the appellant pro se is otherwise denied; and it is further,
ORDERED that pursuant to section 670.4(a) of the Rules of this court (see 22 NYCRR 670.4[a]), the appellant shall perfect the appeal on or before March 27, 2006, and the record or appendix on the appeal and the appellant's brief shall 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, LUCIANO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M34850
S/nal
|
2005-06731
Daniel Hageman, appellant-respondent, v Home Depot USA, Inc., defendant third-party-plaintiff respondent-appellant; B&G Electrical Contractors of LI, Inc., et al., third-party-defendants respondents-appellants. (Index No. 3622/02)
| 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, Nassau County, dated June 16, 2005, and cross application by the third-party-defendants respondents-appellants for the same relief.
ORDERED that the application and cross application are granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until February 6, 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 third-party-defendants respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before March 15, 2006 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the defendant third-party plaintiff respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before April 20, 2006 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the appellant-respondent shall serve and file his reply brief on or before May 25, 2006, and the respondents-appellants shall serve and file their respective reply briefs on or before June 12, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35088
CF/
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2005-10225 Akil Herod, appellant, v Bibi Taxi Inc., et al., respondents. (Index No. 9205/04)
| 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 September 22, 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
M35093
J/nal
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2005-07727 JP Morgan Chase, etc., respondent, v Michelle Flores, appellant, et al., defendants. (Index No. 6734/03)
| 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 June 28, 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
M35039
CF/
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2005-05087 Theresa Manganella, et al., respondents, v Denise E. Lester, etc., et al., appellants. (Index No. 9804/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 4, 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
M35078
J/nal
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2004-08734
Elizabeth Margrabe, etc., et al., appellants, Anthony Rusciano III, etc., et al., plaintiffs, v Anthony Rusciano II, et al., defendants; Sexter & Warmflash, nonparty-respondent. (Index No. 01-10032)
| 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, Westchester County, entered September 1, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 1, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35092
J/nal
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2005-07363 Joseph Mascia, et al., appellants, v Walter Maresco, respondent. (Index No. 27237/04)
| 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, Suffolk County, dated July 7, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 27, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35124
D/nal
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2005-04606
Michaela Mayer, appellant, v 486 Associates, Inc., et al., respondents. (Index No. 38486/02)
| ORDER ON APPLICATION |
Application by the respondents 486 Associates, Inc., and 486 Realty Associates 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 21, 2005.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until January 25, 2006, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35109
L/
HOWARD MILLER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
ROBERT A. SPOLZINO, JJ.
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2004-04828
Allen Minsky, respondent, v Elrac, Inc., d/b/a Enterprise Rent-A-Car, et al., appellants (and a third-party action). (Index No. 2317/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 20, 2004.
Upon the stipulation of the attorneys for the respective parties, dated March 16, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
H. MILLER, J.P., RITTER, RIVERA and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35055
E/nal
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
STEVEN W. FISHER, JJ.
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2005-10399
Catherine Mondello, respondent, v Mark Shapiro, etc., appellant.
(Index No. 23401/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated October 5, 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 appeal on condition that the appeal is perfected on or before February 22, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 22, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35065
CF/
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2005-10958 Robin Morgan-North, respondent, v Horton Medical Center, appellant, et al., defendant. (Index No. 2830/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated November 2, 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
M35102
CF/
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2005-09563 Diane Muller, et al., respondents, v Robert Maccone, appellant. (Index No. 10239/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 22, 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
M35104
CF/
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2005-08580 New York Steel Erectors, Inc., respondent, v Carlo's Iron Works, Inc., et al., respondents- appellants, Damiano G.C. Enterprise, Inc., appellant-respondent. (Index No. 8803/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 27, 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
M35106
T/nal
ROBERT W. SCHMIDT, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
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2004-01585
Parviz Noghrey, respondent-appellant, v Town of Brookhaven, et al., appellants-respondents. (Index No. 18557/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated January 29, 2004, which was determined by decision and order of this court dated September 19, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and cross motion by the appellants-respondents for an award of an attorney's fee and to impose a sanction upon the respondent-appellant for frivolous conduct.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs; and it is further,
ORDERED that the cross motion is denied.
SCHMIDT, J.P., MASTRO, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35086
CF/
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2005-10317 Karen Persaud, et al., respondents, v Hardut Kampta, et al., appellants. (Index No. 17720/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated June 20, 2005.
Upon the stipulation of the parties, dated October 28, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35103
T/nal
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
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2005-04626
Janine Quintana, appellant, v Issam Arnouk, etc., et al., respondents. (Index No. 33183/02)
| DECISION & ORDER ON MOTION |
Separate motions by the respondents (1) Issam Arnouk and (2) Anmar Wehbeh, Lourdes Cordero Abrigo, and Lutheran Medical Center to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 21, 2005, for failure to timely perfect the same.
Upon the papers filed in support of the motions and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motions are granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35099
CF/
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2006-00287 Karin Repperger, appellant, v Michael Repperger, respondent. (Index No. 25236/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated January 5, 2006.
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
M35100
CF/
|
2005-10900 Richard Joseph Seyfried, etc., appellant, v Janine Denise Seyfried, respondent. (Index No. 4260/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated November 3, 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
M35094
CF/
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2005-04599 Herman Soto, respondent, v City of New York, appellant. (Index No. 14873/98)
| 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 July 23, 2004.
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
M35042
CF/
|
2005-08565 Jacqueline Stern, et al., respondents, v Kutsher's, Inc., et al., appellants. (Index No. 19177/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 2, 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
M35090
CF/
|
2005-07486 Tyshja Thomason, et al., appellants, v Jeffrey Sandler, et al., respondents.
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 28, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35049
CF/
|
2005-11828 Irene Vinson, et al., respondents, v Robert Lebzelter, et al., appellants. (Index No. 954/05)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated November 25, 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
M35098
CF/
|
2005-07997 Ward's Manufacturing, Inc., etc., et al., respondents, v Atlantic Bank of New York, appellant. (Index No. 18748/04)
| 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 June 10, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35047
CF/
|
2005-10610 Steven Watson, et al., plaintiffs-respondents, v Jacqueline Feminella, defendant-respondent, Ford Credit Titling Trust, appellant. (Index No. 12770/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated October 14, 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
M35130
D/nal
|
2005-03944, 2005-08318, 2005-10606
Wendy E. Wells, respondent, v David O. Wright, appellant. (Index No. 04-20005)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from three orders of the Supreme Court, Westchester County, entered March 18, 2005, July 20, 2005, and October 25, 2005, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 27, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35087
O/nal
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-02283, 2005-03062
In the Matter of Stephen J. Cassidy, etc., et al., respondents-appellants, v Nicholas Scoppetta, et al., appellants-respondents. (Index No. 41983/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated February 3, 2005, and February 28, 2005, respectively.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeals is enlarged until February 17, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeals, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35073
T/nal
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2005-11929
In the Matter of Susan Jane G. (Anonymous). Lindsay Cucchiaro, et al., respondents; Kenneth D. G. (Anonymous), appellant. (Index No. 13121/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated November 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 granted and enforcement of the order dated November 16, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 21, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 21, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35058
CF/
|
2005-10380 In the Matter of Leigh Gilchrist, respondent, v Michael Fein, appellant. (Docket No. F-17325-04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated September 23, 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
M35081
T/nal
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-06163
In the Matter of Barbara N. Taylor, appellant, v New York State Crime Victims Board, respondent. (Index No. 3272-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated March 21, 2005, as a poor person, and application by the appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the application and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted; and it is further,
ORDERED that 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; and it is further,
ORDERED that no further enlargements of time shall be granted.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35084
T/nal
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-10193
In the Matter of Michele Viehl, appellant, v Steven Viehl, respondent. (Docket Nos. F-10316-03, F-15609-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated September 21, 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 opposition or relation thereto, it is
ORDERED that the branch of the motion which is to waive the filing fee is granted; and it is further,
ORDERED that the branches of the motion which are for a free transcript and the assignment of counsel are denied; and it is further,
ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35077
T/nal
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-08493
In the Matter of Dolly Vignola, appellant, v Ralph Vignola, respondent. (Docket No. F-1063-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated July 20, 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 opposition or relation thereto, it is
ORDERED that branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,
ORDERED that the branch of the motion which is to proceed on the original papers is denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35080
T/nal
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2003-08685 The People, etc., respondent, v Edward Baez, appellant. (Ind. No. 2391/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Suffolk County, rendered September 4, 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 denied with leave to renew upon proof of proper service upon counsel assigned to prosecute the appeal (see CPL 470.60[2]).
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35097
T/nal
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-02593, 2005-11963 The People, etc., respondent, v Travis Bibbs, appellant. (Ind. No. 2698/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Nassau County, rendered February 3, 2005, in effect, to extend his time to take an appeal from a resentence of the same court, imposed February 9, 2005, and for leave to serve and file a supplemental brief raising issues relating to the resentence.
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 granted and the defendant's moving papers are deemed to constitute a timely notice of appeal from the resentence; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before March 20, 2006.
H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M35112
K/nl
ROBERT W. SCHMIDT, J.
|
2006-00427, 2006-00428 The People, etc., respondent Clarence Norman, Jr., appellant. (Ind. Nos. 6435/03, 5588/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of two judgments of the Supreme Court, Kings County, both rendered January 11, 2006, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and in opposition thereto, and upon hearing the attorneys for the respective parties, it is
ORDERED that the motion is granted, execution of the judgments is stayed, and the bail posted on Indictment No. 6435/03 in the amount of $100,000, and on Indictment No. 5588/03 in the amount of $10,000, as directed in the order to show cause signed by this court on January 11, 2006, shall continue; 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 sentences imposed, unless the appeals 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 sentences; 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 appeals are taken.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division: Second Judicial Department
M35079
T/nal
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2003-09359 The People, etc., respondent, v Joel Rojas, appellant. (Ind. No. 2391/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Suffolk County, rendered September 18, 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 denied with leave to renew upon proof of proper service upon counsel assigned to prosecute the appeal (see CPL 470.60[2]).
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M34961
F/
PETER B. SKELOS, J.
|
2005-08267 The People, etc., plaintiff, v Deli Sinanaj, defendant. (Ind. No. 95-01142)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Westchester County, dated 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.
PETER B. SKELOS
Associate Justice
Appellate Division : Second Judicial Department
M34962
F/
PETER B. SKELOS, J.
|
2005-06742 The People, etc., plaintiff, v Roger Thompson, defendant. (Ind. No. 4005/90)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated June 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.
PETER B. SKELOS
Associate Justice
Appellate Division: Second Judicial Department
M35129
D/nal
|
1996-06935
The People, etc., respondent, v George Walker, appellant.
(Ind. No. 12888/95)
| 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 a judgment of the Supreme Court, Kings County, rendered July 30, 1996.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 27, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35132
O/nal
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-06629
People ex rel. Michael Brown, appellant, v Brian Fischer, etc., respondent. (Index No. 10561/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, entered May 12, 2005, 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; and it is further,
ORDERED that on the court's own motion, 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; and it is further,
ORDERED that no further enlargements of time shall be granted.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court